Defence required for court claim

[Curlyben]

Re: Defence required for court claim

Have you had any other communications with Morgans or Cabot in all of this time ?

Can you also confirm EXACTLY what documentation they have supplied ??

Also reread the link Ame posted in #6 should give you everything you need to proceed.

[hr1]

Re: Defence required for court claim

no ive not heard anything since i filed the holding defence , i will go through the exact paperwork when i get home this evening but basically it s the stuff ive scanned at the beginning of this thread plus notice of assignment and statement printouts , they didnt send any default notices .

[hr1]

Re: Defence required for court claim

thanks Curlyben , i have reread the link provided by Amethyst , just still a bit confused about what i need to do , i have received signed agreements which you stated earlier were not very good , also have got notices of assignment and statements ,

1 am quite worried now about this , they must have something up their sleeve if they have now decided to transfer proceedings , should i try to contact them and offer a monthly payment ? and if not am i likely to need legal representation at the hearing as i am not realy clear about what i am going to say at the hearing ,

i am not sure how to fill out the allocation questionnaire , is there any links for this ?

thanks

[hr1]

Re: Defence required for court claim

any advice would be really appreciated as i have to get the allocation questionnaire in by monday

[Curlyben]

Re: Defence required for court claim

The bulk of the AQ is straightforward, it's the additional information that needs some work.
Also worth firing in a draft order along the lines of shows us what you have or naff orf..

You want to go for Small claims track as the issues are simple, also ask for a months stay for settlement

[hr1]

Re: Defence required for court claim

thanks , so do you think that the paperwork they have sent to me so far does not give them a good case ?

do i sent the draft order with AQ ,

how much longer can i drag this out for before they could enter judgment against me

[Curlyben]

Re: Defence required for court claim

1/ I think what they are trying to do is scare you into settlement when they have failed to prove cause of action.
2/ Yes, we'll sort this out as it goes in the additional information section
3/ The fact it's got to AQ means they WONT be entering a judgement against you without it going to court.

[hr1]

Re: Defence required for court claim

thanks Curlyben , is it possible to give me a guide for the draft order as to what i need to write

thank you

[cm1]

Re: Defence required for court claim

i have received a court date fro this case to attend on 27th may , i am really stressed about it as i dont know what im going to say in court , ideally i would like to be able to delay the hearing for a few months as i should be able to offer thema settlement by then , any ideas on how i can delay it ?

[cm1]

Re: Defence required for court claim

any ideas greatly appreciated thanks

[frisp]

Re: Defence required for court claim

I really wouldn't settle, from what CB says and the documents you have provided their case falls apart just on legibility alone. PM CB he's been away so may not have seen your latest. In every case I've followed on this and other sites, its likely you will be dealt wit a fair amount of latitude to get your point across so you should not be afraid of going to court.

I'm not sure on the correct process so can't advise you. I do have a copy of a defence used for an agreement that fails to meet the prescribed terms, you can amend this to fit your case. PM me with your email address and I'll send it to you.

[cm1]

Re: Defence required for court claim

i have been ordered to provide a witness statement otherwise judgement will be entered against me , i dont have a witness and i will be representing myself , what should i do ? btw this is allocated as a fast track case

[Amethyst]

Re: Defence required for court claim

You are your own witness, a witness statement is basically you setting out what has occured and when from your point of view.

When did the case get allocated to fast track and are you fully aware of the costs risks this entails ?

When is the hearing ? What orders have you had from court since May ?

I'll need to have a good read back through your case so will pop back this evening.

For ref on Witness Statements - An Example of a Witness Statement - About Small Claims (UK) (a nice plain english guide) or look at CPR & PD 32 PRACTICE DIRECTION 32 EVIDENCE - Ministry of Justice

[cm1]

Re: Defence required for court claim

case was allocated to fast track dec 2009 , the hearing was adjourned 3 times firstly cos judge unavailable , second time cos claimant couldnt attend and last because i was unable to attend due to ill health , new hearing date is feb17th 2011, i need to give witness statement by 14th jan ,

So youre saying i have to provide a witness statement

[Amethyst]

Re: Defence required for court claim

Yes.

You have all the documents now don't you. What is the defence currently lodged at court based on ? (ie have you amended it from the holding defence)