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Hi can someone advise when I tick I wish to defend on Moneyclaim do I then have to type my defence in the next box or just summarise why?
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If you do, then that will be your defence that is submitted. Generally, you are better off just acknowledging the claim and then filing a separate defence document with the court because the box doesn't give you much space to write a defence.
Bear in mind, what you write in your defence is what you intend to rely on in defending the claim, meaning you won't be able to raise issues outside of your defence unless you amend it which will cost you £255 for an application to do that.
It's better to get it right first time round.If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice. -
Thank you. I am due to file defence by 18th March. Have sent off all requests for documents and received a response from next online saying my details do not match anything on their system (from subject access request). I presume that is something to go in my defence?Comment
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Also the date of issue was 14th Feb meaning date of ser ice is 19th Feb so am I correct with 18th March for defence?Comment
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Can someone advise please? I have prepared my defence and have had a letter from the solicitors saying they have contacted the client and requested the documents I have asked for and placed my account on hold. I’m presuming this doesn’t actually matter as the court won’t have placed my case on hold?Comment
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you cannot ask for the case to be put on hold if a court N1 form has been issued, read guidelines on this site top right and stop contacting them =If you requested CCA also under CPR31.14 the mentioned documents then that is it - your defence submit 2 days before due on line @ MCOL stating the date documents requested and if not received then state so, do not contact solicitors if they have failed at this stage, court system rules and only they could put an hold on any case, read threads and you will get gist of the way seems to runComment
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MIKE770*Thanks. The only part I’m confused about is in my defence where I say I have contacted the claimant to ask them to extend time and they have declined - do I still include this?Comment
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Just an update that I need some help on please. Have received letters from Next saying they have no record of the account and a letter from Cabot saying they are unable to provide the documents so will not be pursuing through court but will still write to me to ask for payments. What do I do next? Thank you so muchComment
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Nothing they hava problem may it last*Comment
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They can ask ignoreComment
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MIKE770*Thanks - what happens with the court now? Can I apply for it to be thrown out as per my defence?Comment
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the court will continue and next step look out for letters, at some stage the claimant can discontinue (no paperwork etc_ many leave to last minuteComment
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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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