Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/2016

[Celestine]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Nice effort MajorWolf.

Do you want to include in the defence the Limitation Act 1980 argument because that payment was taken without consent? It only needs a brief mention in the defence but could be gone into more detail later when you prepare a witness statement? If it isn't mentioned now it cant be brought in later.

[MajorWolf]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Hi Celestine and thank you

Yes i think that is a good idea re the Limitations Act, as i didn't realise if not mentioned now it can't be bought up later.
How would you recommend i word it?
Would mentioning the fact that a payment was taken w/o my consent, admit that i am bound to that debt? my defence at this point due to not being furnished with the CPR&CCA requests, is ''i know nothing of this debt, prove it'' ?

MW

[Celestine]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

No, don't mention any details as yet, just raise it as -

'The Defendant asserts that this debt is time barred under s.5 Limitation Act 1980 and has been inactive and unpaid for over 6 years. This is in itself an absolute defence to this alleged debt.'

Let them raise any dispute to that and any counter arguments can be covered in your witness statement. That way you're covered all ways.

Kate

p.s. The 'I know nothing about this debt' is not an advisable way forward. Common sense is needed because a judge would take unkindly to that stance!

[MajorWolf]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Great!
I've edited the initial defence and put the Limitation Act as the last point (and also noticed i had put the CPR and CCA request dates as 2010! Not sure what i was thinking there)

Thank you for your patience

Would you recommend posting this defence directly to the Northumberland County Court via Royal Snail? And should i attach it to the N1 (N9B) Defence form? (Do you know if there is provision to upload docs using the MCOL?)

MW X

[Celestine]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

I've made a few amendments as I didn't like the paragraph order and there was a mix of 1st person and 'Defendant'. xx

MajorWolf.doc

[MajorWolf]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Thank you Kate, I'm very grateful indeed! x
I was going to ask you about ''Defendant Vs 1st person, as it looked a little confused..!
It reads much better now, thank you : )

Regarding the submission of the Defence, do you know if there is provision to upload documents to MCOL? or would it be better to print and attach this defence letter to the N9B and post it?
I looked at starting the Defence on MCOL and it just had a text box stating ''Please state your defence in a maximum of 122 lines in the box below.''

[EXC]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

I'm not certain but I believe that you can e-mail your defence (to get round the max lines) and documents to MCOL, have a look for that option.

[EXC]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Do I have to use MCOL to file my response or are there any other ways I can do this?

MCOL is only one way of responding to a claim. If you are having problems logging in, or would prefer not to use MCOL, you can fax, email or post your response to the Court instead. If you send your response by e mail please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim response” in the subject field. If you are fully admitting to the claim then the admission form should be sent to the claimant directly and not to the court.

https://www.justice.gov.uk/courts/no...sked-questions

[MajorWolf]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Great, thank you for that, i had a feeling there was an email alternative, but could not find that info on MCOL.
Any idea how you get around the ''Sign and Date'' part of the letter if its emailed?

[EXC]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Print, sign & scan?

[MajorWolf]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

I wonder if they will accept a photograph/scan of a document...

This is all i can find out about accepted court document formats, and not sure its relevant for N9 responses to CCBC
https://www.justice.gov.uk/courts/email-guidance

What you can file by email

You are responsible for the security of the information you are sending and therefore you must assess its sensitivity and whether email is a secure enough method of communication.
If you are filing a document by email that contains a statement of truth you are reminded that you should retain the document containing the original signature. The version of the document which is filed by email must satisfy one of the following requirements:
(a) the name of the person who has signed the statement of truth is typed underneath the statement:
(b) the person who has signed the statement of truth has applied a facsimile of his signature to the statement in the document by mechanical means

Form and content of emails

When you email the court in relation to existing proceedings the subject line of your mail must contain (in the following order): -
(a) the case number, if one exists;
(b) the parties' names (abbreviated if necessary);
(c) if applicable, the date and time of any hearing to which the e-mail relates; and
Your message should also contain the name, telephone number and email address of the sender. If you email us we will normally send any reply to you by email. However if you wish HMCTS to serve you by email you must explicitly request this.
Correspondence and documents may be sent as either text or attachments. Where there is a practice form, it must be sent in that form by attachment.
Attachments must be in one of the following formats and the complete email (including any attachment(s)) must not exceed 10Mb

Document file types

• Rich Text Format files (.rtf)
• Plain/Formatted Text files (.txt)
• Hypertext documents files (.htm)
• Microsoft Word viewer/reader files (.doc) minimum Word '97 format
• Adobe Acrobat files (.pdf) minimum viewer version 4

Spreadsheet file types

• Hypertext document files (.htm)
• Delimited files (.csv)

Presentation file types

• Hypertext document files (.htm)

General and compressed file types

• Zipped (Compressed) files (.zip, .gz, .tgz, .tar)

Graphics file types

• Joint Photographic Experts Group (ISO 10918) files (.jpg)

Vector graphics file types

• Scalable Vector Graphics files (.svg)

[EXC]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

What document is it?

They accept PDFs so can't you scan and save (or convert) to a PDF?

[MajorWolf]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

What document is it?

They accept PDFs so can't you scan and save (or convert) to a PDF?

Yes, shouldn't be a problem : ) Just going to dig out my 16 year old scanner and see if it works with Win7!!

[Amethyst]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

For emailed documents I usually scan/photograph my signature on plain paper in to my desktop, crop it and resize it, and add it to the document either on word or on Adobe PDF using the sign document facility. Depends what document it is really.

[Celestine]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Yes you can attach pdf's of the Defence so long as the accompanying email sets out everything clearly.

https://www.moneyclaimsuk.co.uk/ccbc.aspx

ccbcclaimants@hmcts.gsi.gov.uk