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Preparing my defence using the example defence template.

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  • Preparing my defence using the example defence template.

    Hi,

    I've informed the claimants solicitors that I am going to be filing my defence tomorrow (09/02/2018)

    I really feel out of my depth with this process and my main concern is that they will pick up on anything so the case goes in their favour.

    The claimant received the CCA on the 2nd of February and the claimants solicitor also received the CPR 31.14 on the 2nd of February. I haven't had a reply from either of them yet.
    Does this affect how I defend my case?

    i.e could it go against me that I haven't given them enough time to reply, bearing in mind that my 28 + 5 days are up on the 10th of February.

    Any advice on what I should do next would be greatly appreciated.

    Thanks

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  • #2
    Originally posted by useridian68 View Post
    Hi,

    I've informed the claimants solicitors that I am going to be filing my defence tomorrow (09/02/2018)

    I really feel out of my depth with this process and my main concern is that they will pick up on anything so the case goes in their favour.

    The claimant received the CCA on the 2nd of February and the claimants solicitor also received the CPR 31.14 on the 2nd of February. I haven't had a reply from either of them yet.
    Does this affect how I defend my case?

    i.e could it go against me that I haven't given them enough time to reply, bearing in mind that my 28 + 5 days are up on the 10th of February.

    Any advice on what I should do next would be greatly appreciated.

    Thanks
    The solicitor has 7 days from the date of receipt to comply with your CPR Part 31.14 request and if they had it on the second today is the deadline. If you haven't received the documents you have asked for or a letter confirming they'll agree an extension to the deadline of your defence you must file a defence based on what you have right now, which is nothing!

    The fact you have 33 days doesn't matter, you had to asses your position and then decide a course of action which happened to take you 25 days.

    Use the template defence which states if they produce documents you may wish to amend it at their cost and file it with the court.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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