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Where to respond to a defended claim?

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  • Legal Man
    started a topic Where to respond to a defended claim?

    Where to respond to a defended claim?

    I am the claimant of a small claim case raised through money claim online. The defendant filed his defence to my claim, but I disagree with some of his responses. The case is now progressing beyond the direction questionnaire and I am expecting to receive the directions soon which will likely include a hearing and a Witness Statement.

    What I need to understand is: where is the best place to respond to the defendant false claim in his defence? Would I respond to that in the Witness Statement and reference the applicable clauses and exhibits? Or save my responses to the hearing and raise it in the court?

    I hope someone can help with me enquiry.
    Tags: None

  • Legal Man
    replied
    Thanks DES8. I have already submitted my directions questionnaire a while ago. I ringed MCOL to confirm that, but they said I cannot respond to the defence now as my direction questionnaire is already filed. And now I have to wait for the directions and I will have a chance to respond in a later stage.

    Thanks for your help.

    Leave a comment:


  • des8
    replied


    CPR15.8 relates to claimant's response to a filed defence
    Practice Direction Rule 15.8(a) provides that a claimant must file any reply with his directions questionnaire

    Leave a comment:

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SHORTCUTS

Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter



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.




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