Harassment and small claims help

[efpom]

On yr post at #74 - see my post at #67.

On yr post #75 - counterclaim for harassment see cpr Part 20.4

https://www.justice.gov.uk/courts/pr...es/part20#20.4

I repeat my question at #73 What is the latest date for that [your defence] to be filed with the court & served on the claimant?

[Just234]

#73
ok I see

i dont really have anything to add to the defence you have written - I don’t know what else I should be adding to a defence. I have read and read every page online I can find and it’s impossible to get any direction anywhere.
It is all lies yet I’m not allowed to put it’s all lies it seems.

disregarding the bundle, there is still the main gist of the particulars of claim saying that we manipulated him and he is a vulnerable adult, which he is not, we have evidence to prove he is not of his own writing.
but due to this document being not properly written I assume im saying to the court I’m unable to write any defence on that basis, so either it needs writing again or dismiss the claim?

[efpom]

Yr Post 77 Last sentence: That is my view.

I am concerned that you are running out of time to file your defence, and may have already run out of time, if you have not filed an acknowledgement of service.

[Just234]

I filed acknowledgment of service on the 2nd of feb
The claim was dated the 23/01/23
ive got a week I think havent I?

[Just234]

Would ‘clean hands’ be an appropriate defence in this case?
i.e. this is a claim brought purely to harass and extort money through the claimants fraudulent documents

[efpom]

There is no point raising that defence - the claimant is not seeking an equitable remedy.

[Just234]

What is an equitable remedy?

[charitynjw]

Equitable Remedy

Court-ordered action that directs parties to do or not to do something; such remedies include injunctive relief and Specific Performance. Alternatively, a non-monetary remedy, such as an Injunction or specific performance, obtained when a legal remedy such as money damages cannot adequately redress the injury.

https://legal-dictionary.thefreedict...uitable+Remedy

[efpom]

Have you filed your defences?

[Just234]

just an update
I’ve just received a letter from the court saying defence has been filed and allocated to fast track along with a directions questionnaire.

so I take it they’re not asking the claimant to amend his particulars of claim…? Or will that be addressed now it’s been allocated to fast track?

[efpom]

Courts do not “ask”. Courts issue written Orders.

In this matter, the court may Order that the claim be struck out or alternatively it may Order that the claimant be entitled to amend his POC if he chooses to do so.

The court may, but is not obliged to, also Order that in the event that the claimant does not amend his POC, his claim will be struck out i.e. an ‘unless’ Order.

Alternatively, the claimant having read the defence may make an application to the court for permission to amend his POC, which permission may or may not be granted.

If the POC is amended, the defendant(s) would be given an Order, which entitles them to amend their defence, if they choose to do so.

If the claimant chooses not to amend his POC and absent an ‘unless’ Order, the matter will go to trial.

[Just234]

Thankyou for the above

just received a hand typed ‘n244’ statement from the claimant not signed or dated with no statement of truth again stating he’s been threatened by us and requested supervision and security in court along with no contact directly including email.
Given that this isn’t a court issued n244 would it be accepted by the court?
I think it’s another one off his fake documents he likes to send
it did make me laugh. he’s definitely upped his game with the supposed level of threat but as the only contact he’s had will have been via the police I’m confident it will all be seen as lies.

I know on the initial claimants filing of the claim the claimant had put his preferred court which is 120 miles from us
I have read that the court would normally refer to defendants local court - can I request this now? Or have I missed the opportunity to?

[Just234]

If anyone could help me with directions questionnaire it would be much appreciated

I’ve read up about standard disclosure and as the claimant is faking documents for his evidence I need to see digital copies with their meta data.
also for the bank statements digital copy or stamped statement direct from the bank or do I request third party disclosure?

do I need to put all this in the directions?