Bryan carter claim – defence help required

[mystery1]

Re: Bryan carter claim – defence help required

I am not au fait with embarrassed defences because i've never been a fan so never looked at them in any great detail. I am aware they have worked for some.

I'd rather pay £50 and put in a great application which has a very good chance of success even although i have seen 1 bad decision on this issue and a screw up in my own case when they "forgot" to award me costs on a different issue on a without hearing basis. I had no choice i live in Scotland.

If they proceed with the case after an embarrassed defence then they will need to provide all the documents they intend to rely on as per a judges order or cpr 27 http://www.justice.gov.uk/courts/pro...es/part27#27.4

(3) In this rule –
(a) ‘standard directions’ means –
(i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing



If the date for filing a defence has passed, which i'm not sure if it has or not , then technically, you need to ask for a new timetable which would necessitate an application to get one. You might sneak by without it but it depends on how savvy the opponent is.

M1

[sparks]

Re: Bryan carter claim – defence help required

Thanks Amethyst and mystery1.

To answer your questions Amethyst - I sent a prove it letter and CCA last September and the CPR request this March - I got nothing back from the first and only the standard response to the CPR.

To answer your question mystery1 - the defence was due in on 9th April but I originally put my N244 form etc in on 5th April and on the advice of flamingparrot (see earlier in the thread) I did not file a defence at that time as I was putting in the application.
I looked on MCOL this morning and it would appear that I could still put a defence in via that and when I mentioned it to the chap at the court this morning he didn't tell me I couldn't do that so........?! If I did go down the route of submitting a defence now I guess I would have to bring their attention to the fact that I had been trying to file an application hence why no defence - I have proof of posting my application off before the defence due date.

I would be happy to go down the application without a hearing route if you thought this the best option as the £50 to pay is still a lot of money but more do-able. I completed the N244, order and witness statement using Amethyst's exact example on here and linked to in the earlier post above by flamingparrot. I have double and triple checked it so can only assume it is a good application.

Based on the above what do you think is my best option?

[mystery1]

Re: Bryan carter claim – defence help required

It's your choice.

It appears from your posts that this is sub £1000. If that is the case they don't want to go to court as it'll cost more than it's worth. The issue is that although it's technically possible to enter a defence, in order to comply with the rules you'd need to make an application to allow the defence to count, so to speak. It may well be that they do not take the point that you are late and you "get away with it".

I always advise when making an application not to defend in what will become small claims cases. Had you actually made the application that would have been fine. Sadly as you haven't made one that does potentially make a difference.

If you defend be sure to include s78 non compliance.

M1

[sparks]

Re: Bryan carter claim – defence help required

Yes it is under £1000.

I think in light of what you said I will have to proceed with the application without a hearing. The court have returned my original N244 form which is currently ticked as with a hearing. Do you know if I change this to without and initial it will the court accept it? I want to use the same form if possible as it is stamped with the original date they received it which is before the defence would have been due.

Also if the judge then refuses the application what happens then - will I get a chance at providing a defence of the embarrassed variety or will it mean that BC wins and a CCJ is issued?

[mystery1]

Re: Bryan carter claim – defence help required

Well if they refuse the disclosure part they will set a new date for filing a defence. You would defend on the non compliance with s78.

M1

[sparks]

Re: Bryan carter claim – defence help required

Will post off tomorrow and report back when I have any updates / questions. Thanks again.

[mystery1]

Re: Bryan carter claim – defence help required

I don't have time now, but will later if you're struggling but i'd add cpr 27.1 to your witness statement.

M1

[sparks]

Re: Bryan carter claim – defence help required

If you have some example wording later that would be great as have just read a bit about cpr 27.1 but am not sure how and where it should be included in witness statement.