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Responding to Particulars of claim- litigate in person -

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  • Responding to Particulars of claim- litigate in person -

    Hello,
    I will make this as brief as possible (although extremely complex and exhausting) long story short my ex husband is facing crown prosecution next month ( for domestic abuse, coercive control , harresment and stalking ,DV) therefore he cannot contact me as he is on strict bail (broke 4 times) this case has been adjourned 3 times!..anyway this is bit of background, he is a extremely wealthy individual (multi million pound) and because he can’t contact me to scream, abuse,control, gaslight and manipulate etc (we have 2 children) who he doesn’t see nor contribute child payments (another case ongoing with cms)
    So with the above in consideration he has opened 2 civil court claims against me.

    he is using a trainee Solictor from
    the firm who he used in the divorce and settlement. However I am litigating I. Person and have defended one claim which is now proceeding to car isle courts but court can’t give waxy date due to being huge backlog. I believe my defense was good and provided witness statements , photo evidence , text transcripts the kitchen sink!.

    the second clam I intend to defend and again I have responded to each point on the POC in great details (and I have evidence and witness statements) however I have notes a lot of mistakes on his POCs ( date of marriage wrong ) which I have stated is wrong
    however on the first page of pocs - his name (claimant) is completely wrong so for example “joe Henry bloggs” has been written as “Joe Peter bloggs” and it has been signed statement of truth by him is this something I can bring up in my response to pocs, it has been poorly written to say the least , several points have been repeated and the use of grammar and spelling is questionable !, (where some of it doesn’t make sense) would this be fair or frowned upon if I mention this in my response.

    Any advice / thoughts would help. I don’t wish to appear cocky or arrogant but I think I should raise this when responding.

    i have filed my acknowledgment of service - today recorded post.
    and have advised the claimants Solictor that I have done so , for transparency and I believe good practice.

    thanks for reading and I do apologise for the huge explanation .
    Tags: None

  • #2
    Please download the Judiciary's handbook for litigants in person - link in my signature block below.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      I would 'steer' clear of 'critiquing' his claim form, there might be reasons why he's written in that way.

      The CPR Rules on Statement of Truth - https://www.justice.gov.uk/courts/pr...rt22/pd_part22

      Comment


      • #4
        Thank you both for this , yes I would never dream of critiquing his poc in anyway , it’s just surely the Solictor should of got the name correct.

        i will be sure to view the docs thanks again

        Comment


        • #5
          Yes, he should have got the name correct.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Maybe Celestine can advise as you seem to be dealing with quite a bit. You'll need to be patient.

            Comment


            • #7
              Thanks again both, greatly appreciated.
              yes dealing with lots, the fact he is facing crown court prosecution and law enforcement with Cms, he still wants to cause anxiety and assert control … when all I want to do is raise my children in a peaceful environment and feel safe. I had to move to Edinburgh to get away. ( am hoping his Solictor have asked the court to serve out of jurisdiction .. am guessing so but I haven’t seen a copy. (I did on his last claim)

              the LIP handbook was very good and is very user friendly so thanks again.

              Comment

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