Tweet
I obtained a Default Judgement in January against an ex partner. He has recently been successful in getting it set aside (having lied to the court and not supplied a witness statement or evidence of his claimed mental health issue) anyway!! He has submitted his defence now , which is again full of untruths and errors in dates etc. At the hearing to set aside the judge said that I was allowed to respond to his defence. I now want to responde to his defence before anything is decided by the judge. I have searched and searched to try and find what documentation I am required to submit to the court in response to his defence.The CAB have said I need to complete a Directions Questionnaire but Ive looked at the N180 and N181 form but neither seem to indicate its for this purpose. My claim is for a fixed amount under £5000 so should be allocated the small claims route once we get to that stage. Can anyone please help me ? I want to make sure that I am doing everything correctly. Thank you.
Loading...
-
Tags: None
-
You can file a Reply to the Defence.
https://www.justice.gov.uk/courts/pr...rules/part15#7
I recommend that you download and read the guide for LiPs - link in my signature block below.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf -
thankyou for your reply. I have already read the document for Litigants in Person and I have trawlled through all the CPR guidance but I can not find anywhere what form I use to respond to a defence that has been submitted after a Default Judgement has been set aside. The judge has not yet made a decision on anything other than it being set aside. The CAB said i use the Directions Questionaire but it doesnt make any reference to responding to the defence in form N180 or N181. I am sure it will be small claims as the amount is below £5000Originally posted by atticus View PostComment
-
There is no form. you head a document with the claim number, names of the parties and the word "Reply". You then set out your response to the matters set out in the Defence, using numered paragraphs. You date the document and end with a signed statement of truth.
Read the chapter on statements of case.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
1 of 2
<
>
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.
2 of 2
<
>
Support LegalBeagles
LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.
See more
See less
Comment