**WON** Need Help Writing a Fully Pleaded Defence

[MillieB]

I have been granted a set aside on the grounds that i serve a fully pleaded defence within 21 days.

I need some help how to write this and make sure i have it all right.

Background information:

Hire purchase agreement, i received a default ccj in January this year. With a few letters back and forth between me and mortimer clarke solicitors i have applied for a set aside, which has been granted but i need to submit a fully pleaded defence.
The reason for my set aside was that it is statute barred.
I got in touch with the original creditor, they verbally gave me the date of termination as 21/01/2009, they have also sent me my statement of account which shows the payments being returned (returned from bank as no funds available) from 17/10/2008 and the vehicle being sold in March 2009. The solicitor is claiming the cause of action is when the agreement was terminated on 15/10/2010. On the statement of account, this is the date the original creditor wrote off the debt (which i assume is the date Hillsden securities bought the debt).

I need some help on how to write this and exactly what dates to use etc. (and i dont have a lot of time to do it in)

Thanks in advance

[R0b]

Re: Need Help Writing a Fully Pleaded Defence

Hi Millie,

I may be able to help with the VT side of things, others may be able to help with the rest of things. it might be useful to post up the following information:

- The HP Agreement including all the terms and conditions
- The amount that is being claimed by Mortimer Clarke
- Who is the original creditor?
- How much the vehicle sold for in 2009
- The statement of account
- Any notice of assignments that you have received
- Any other documents or information you think is useful.
- The wording of the particulars of claim
- Did you receive a letter of termination from the original creditor or any other debt company?

when is the defence due? Is it 21 days from today?

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Hi Millie,

I may be able to help with the VT side of things, others may be able to help with the rest of things. it might be useful to post up the following information:

- The HP Agreement including all the terms and conditions
- The amount that is being claimed by Mortimer Clarke
- Who is the original creditor?
- How much the vehicle sold for in 2009
- The statement of account
- Any notice of assignments that you have received
- Any other documents or information you think is useful.
- The wording of the particulars of claim
- Did you receive a letter of termination from the original creditor or any other debt company?

when is the defence due? Is it 21 days from today?

Thanks for your reply.
It wasn't voluntary termination, it was repossessed.

The amount being claimed is £12000, this is the amount left after the proceeds of the sale was taken off.
I have no letter of termination from the original creditor, just the account statement they have recently sent me.
What do you mean by the particulars of the claim?

Thanks

[R0b]

Re: Need Help Writing a Fully Pleaded Defence

Sorry, I meant the HP side of things.. too used to talking about VT

The particulars of claim are set out on the initial claim form or alternatively it may be set out on a headed document called particulars of claim. If you haven't got it then it may be worth asking the solicitors to send you a copy of their statements of case which should include the claim form, particulars of claim (if done separately) and the evidence they are relying on. Also worth asking if they have any witness statements they intend to rely on.

Obviously I don't know what you do and don't have so that's just a generalisation of what to ask for.

Few more bits of information about the vehicle:
- what kind of vehicle was it as well as its year of manufacture?
- do you know the amount the vehicle was sold for?

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Thanks for your reply.
It wasn't voluntary termination, it was repossessed.

The amount being claimed is £12000, this is the amount left after the proceeds of the sale was taken off.
I have no letter of termination from the original creditor, just the account statement they have recently sent me.
What do you mean by the particulars of the claim?

Thanks

Good morning Millie.

responding to your PM will be back later then we can look at a defence.

nem

[Amethyst]

Re: Need Help Writing a Fully Pleaded Defence

Good news about the set aside - well done

Now the hard bit starts - have a look at this thread http://legalbeagles.info/forums/show...te-Barred-Debt - also a statute barred defence on a HP agreement.

[pt2537]

Re: Need Help Writing a Fully Pleaded Defence

I have been granted a set aside on the grounds that i serve a fully pleaded defence within 21 days.

I need some help how to write this and make sure i have it all right.

Background information:

Hire purchase agreement, i received a default ccj in January this year. With a few letters back and forth between me and mortimer clarke solicitors i have applied for a set aside, which has been granted but i need to submit a fully pleaded defence.
The reason for my set aside was that it is statute barred.
I got in touch with the original creditor, they verbally gave me the date of termination as 21/01/2009, they have also sent me my statement of account which shows the payments being returned (returned from bank as no funds available) from 17/10/2008 and the vehicle being sold in March 2009. The solicitor is claiming the cause of action is when the agreement was terminated on 15/10/2010. On the statement of account, this is the date the original creditor wrote off the debt (which i assume is the date Hillsden securities bought the debt).

I need some help on how to write this and exactly what dates to use etc. (and i dont have a lot of time to do it in)

Thanks in advance

How much had you paid at the point when the vehicle was repossessed? was it more than one third of the price of the goods? Also where was the vehicle repo'd from? was it on private property?

Im just looking at the obvious points before we look at limitation

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Thanks so much Nem and Amethyst, wouldnt have got this far without your help

Your private message said to write my ideas, i really dont have a clue where to start. I have looked at the example on here but i dont know what to actually write on mine and dont want to spoil my chances for the sake of a rubbish defence letter.

No, i hadnt paid a third and it wasnt taken on private property.

Millie
[MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Thanks so much Nem and Amethyst, wouldnt have got this far without your help

Your private message said to write my ideas, i really dont have a clue where to start. I have looked at the example on here but i dont know what to actually write on mine and dont want to spoil my chances for the sake of a rubbish defence letter.

No, i hadnt paid a third and it wasnt taken on private property.

Millie
@nemesis45

Hello Millie,

I'll read through all the posts and see what can be put together take a look at the link [MENTION=6]Amethyst[/MENTION] post#6.


nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Thank you so much [MENTION=55034]nemesis45[/MENTION]

Its just the wording, i think i know how to set it out from looking at the template on here but i just dont know what i should write.

MillieB

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Thank you so much @nemesis45

Its just the wording, i think i know how to set it out from looking at the template on here but i just dont know what i should write.

MillieB

Ok I'll do this tomorrow Friday evening is a family time so I will be offline.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Ok I'll do this tomorrow Friday evening is a family time so I will be offline.

nem

Thats great [MENTION=55034]nemesis45[/MENTION]. Thank you so much.

Will speak to you tomorrow

MillieB

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

[MENTION=55034]nemesis45[/MENTION] is there any chance you would be able to help me tonight or tomorrow? Really need to get it posted off by wed

Thanks, MillieB

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

@nemesis45 is there any chance you would be able to help me tonight or tomorrow? Really need to get it posted off by wed

Thanks, MillieB

Have only had very limited internet access over the weekend due to underground cable fault so will start on this this morning.

nem

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Have only had very limited internet access over the weekend due to underground cable fault so will start on this this morning.

nem

Checking thread now.

nem