CCJ - Set Aside need to file defence !!!Help Please!!!

[unknownworld]

Hello Beagles,

I am new here pls go easy and help with my defence of the small claim.

I am trying to defend part of the claim and admitted part of it but the issue is I haven't seen the claim yet not the court orders from 2020 Jan. and set aside as heard on 22nd Feb not yet recorded.

But I need to file the defence by next Monday 4PM.

I have drafted the below based on the samples from the forum here, and I am not sure what other details I can and need to provide.

Can you please advice if I need to use N11 or N9B forms for the defence? There isn't much help through the enquiries either especially to send the claim forms.

Any help is greatly appreciated, I am lost in all the missing claim, court orders and responses from court .... not entirely sure what I am defending but I had to - to get CCJ removed from my credit file...

Any advice on a statement in my defence to state I am yet to receive claim is ok or can it be better?



DEFENCE

• I have come to know about your claim XXXXXXXX through my credit file on 06th April 2020. This claim appears to be against the end of tenancy for XXXXXXX I am yet to receive the full claim details.
• I haven’t received the Claimants statement of case so I don’t have adequate information to enable me to properly assess my position with regards the claim.
• Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
• I could not find any of my old bank statements to prove that the last month rent was paid to the Claimant or the Agent. So I am making part admission of the rent claim but only from 25th October 2013 to 20th Nov 2013 - (£XXX) and I have paid CFO the same.
• My rental period starts 25th of each month and I have handed over the keys of the flat I rented from the claimant, XXXXXXXXXXXXXX, on 20th Nov 2013 and did notify the agency and Claimant the same well in advance. Provided the email chain confirming the same. Calculated as [(30-4)*XXX/30 = £XXX].
• I deny the rest of claim as I have handed the flat professionally cleaned and repainted as appropriate.
• The flat was painted on 10th November 2013 and the invoice for same attached. I have explicitly asked the painter not to paint over watermarks on the ceiling as that was caused by sources outside of my control and the Maintenance and owners need to fix before painting.
• On 19th Nov 2013 the flat was professionally cleaned by CCS professional cleaners and they did attend to the items raised by the Claimant again. I have attached the invoice from the CCS Cleaners for the same highlighting their rework.
• I have attached the Checkin and Checkout inventory reports as carried out by PG Property services. They mention the condition of the flat when I got it in 2010 May and I handed it back on 20th Nov 2013. This confirms my position that the flat was handed back professionally cleaned and tidy after 3 and half years of renting it.
• Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
• For the avoidance of doubt I request the court orders the Claimants to provide the all necessary documentation and invoices to support them in order for me to fully plead my case else the Claim should stand struck out.
• In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

[ostell]

Would be helpful if you didn't start multiple threads about this, even keep it with your original thread

[unknownworld]

Would be helpful if you didn't start multiple threads about this, even keep it with your original thread

Apologies Ostell - being new around I have raised the earlier ones in Welcome forum - so thought the reason for no replies.

I am really lost in all the bits and bobs and the stress of getting the CCJ removed, causing this panic posting probably - especially with no responses from Court regarding the Court Order and other details related to Claim.

[unknownworld]

Hello all

I have just come to know in detail about the Court Order for my CCJ set aside hearing earlier in Feb.
I am told below over phone call

"Set aside and any warrant or enforcement providing the defendant files defence by 4pm XXX files the full defense
serves a copy on the claimant and ...

CPR3.1(3)
CPR37.1

The defendant will pay XXX to CFO
"
Last night the claimant finally has responded to my offer and agreed and sent an agreement too...

now a lot of confusion on my part.
1) As per above has CCJ been set aside or is it conditional and will only be done after the defense? if so any idea when? and how long after?
2) If I agree to the settlement - am I agreeing the claim and will CCJ be left in my file?
3) Can I include the agreement with claimant in my defense as agreed/accepted?

Finally what are all the options I have to get this CCJ removed from my file and claim closed?

PLEASE HELP

Sat