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Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!
What does this mean??
What does this mean??
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Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!
How do I even write a statement of truth???? Help somebody as i really actually dont know what needs to happen next!!!Comment
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Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!
I take it that this is a lost cause as no one is responding.
Should I just show up in court on the day???Comment
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Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!
You need to prepare your witness statement in opposition to summary judgment, in addition i would suggest you need to amend your defence too, and this will need an application.Originally posted by harmony15 View PostI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!
Thanks for your response.
How do i go about applying to change my defence?Comment
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Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!
Ok well firstly, you need to establish the grounds of your defence, you should never copy what someone else has written on a forum as you will end up where you are now.
A defence should comply with CPR rule 16, it should answer the Claim and should set out the facts which you rely on.
You should amend the Defence in accordance with CPR rule 17 which sets out the rules on amendments.
If the Claimant will not consent to the amended defence then you will need to make an application.
You must also file within 7 days of the hearing a witness statement opposing summary judgmentI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!
Even though the hearing is on August 25th, they've only given the OP till July 15th to do this as per document 'scan0006.pdf' in post 14. :mmph:Originally posted by pt2537 View PostComment
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Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!
thats shyte, the CPR is clear see CPR 24.5Originally posted by FlamingParrot View Post
Evidence for the purposes of a summary judgment hearing
24.5
(1) If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must –
(a) file the written evidence; and
(b) serve copies on every other party to the application,
at least 7 days before the summary judgment hearing.
I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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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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