Need help with the next steps for defending claim

[GBExile]

23rd Feb. So 2 weeks yesterday

Good. Fair bit of time left. I would put on here what I would do but in this case you are better off with those who know better than me. Give it 2 or 3 days on here I am sure you will find the perfect response.*

[AE011]

Great! Thank you so much for your help already*

[pt2537]

*It's quite clear that this claim is barred by limitation. the Next Steps necessary in this matter how to make an immediate application for summary judgement and or strike out under CPR rule 3.4 This claim clearly has no prospect of success if the claimant by their own admission confirms that limitation had expired before the claim was issued. That evidence would be very helpful in a summary judgement scenario Personally, I wouldn't allow the claimant any more time with this claim. I appreciate that the value of the claim is only around £1,000 but in my view letting this case go to trial would cause more harm than good. I would suggest making an application for summary judgement immediately

[pt2537]

My apologies for any typo errors in my last post it was typed using my phone's dictation software.

[AE011]

Thank you for your advise. Based on the evidence i've already added to this post, is it safe to say I will have no problem defending this claim?

[pt2537]

Thank you for your advise. Based on the evidence i've already added to this post, is it safe to say I will have no problem defending this claim?

Well, no, not quite.

I dealt with two cases a while ago, both identical, one was phoenix v Cresswell, one was Phoenix v Kotecha.

In the former i represented Dr Cresswell, in the latter, the litigant in person appeared before the Court. Sadly, Mr Kotecha lost because he didnt argue the key points sufficiently clear or precise, and didnt it seems bring the case law to the Courts attention. On the same day if i recall correctly we won the Cresswell case.

Kotecha ended up in the Court of Appeal and we won there (see my signature)

So the point im making is that its not only having a good case that matters, but being able to present it to the Court, raise the key legal points, refer to the legislation and case law that matters.

So yes you have a good chance here it seems, but dont lose sight of the fact tthat this is only half the battle. You need to look into how to present this to the Court, and make sure you have all the case law and statutes you need.

[AE011]

Ok thank you.

So when structuring and presenting my defence, what are the key and correct legal points I need to be making?

[pt2537]

Ok well as i have suggested above, an application to strike is the best option, it kills the claim dead if you succed and it also alows you to ask for permssion to amend your defence if the claimant adduces new evidence (although the Court can say now of course)

You will need a witness statement in which you will need to exhibit the key evidence that shows limitation has expired, such as their letter etc.

And in court you will need to make sure you have a copy of the limitation act 1980 with you so as to draw the courts attention to the provisions of the act

[AE011]

Ok, what steps do I need to take in order to get this struck out under the CPR rule 3.4?

I have until 23rd February to submit my defence via the Money Claim website so am conscious of time working against me here

[pt2537]

Ok, what steps do I need to take in order to get this struck out under the CPR rule 3.4?

I have until 23rd February to submit my defence via the Money Claim website so am conscious of time working against me here

You will need to lodge an N244 application notice, draft order, and either a witness statement or if not a witness statement you can complete box 10 on the N244 and attach the exhibits to it.

[GBExile]

You will need to lodge an N244 application notice, draft order, and either a witness statement or if not a witness statement you can complete box 10 on the N244 and attach the exhibits to it.

Just to clarify to the OP. Filing the N244 form requires a payment of £255? & they would have to request a summary judgement & enclose a draft court order for the judge, a witness statement & a copy of the letter by the claimant admitting the debt would become statute barred in Oct 2019?
So this method is only viable if the OP has a spare £255?

Could the OP state if they have the funds to do this? If not can we formulate a written defence for them?

[AE011]

Unfortunately I do not have those spare funds available.*

[pt2537]

Is the op entitled to support for the court fee?

I fear that letting the case go to trial will give the other side time to fudge their way thorugh, hitting them with a summary judgment or strike out app now kills it dead, letting it run to trial is in my view a bad idea.


If someone walked into my office with this case, that would be my professional advice, strike it out, dont waste costs going to trial when you can kill it now

[AE011]

I am not entitled to any support with the court fees.

Other than having the claim struck out, what are my options?*

[GBExile]

I am not entitled to any support with the court fees.

Other than having the claim struck out, what are my options?

Continue with everything under "Shortcuts" & start a standard defence in which you should write you have a letter from the claimant stating the debt is statute barred as of October 2019 as outlined under the Limitation Act 1980 which places a time limit of six years on many outstanding unsecured debts

There are standard defence examples which will help you but you must mention the above in it. Probably in the first few lines.