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

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

I have just read the CPR section 28. And i have no idea what i need to do for the directions.

Please help [MENTION=55034]nemesis45[/MENTION] ..... again. Sorry, i hope i can help you someday!

MillieB

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Did you read my answer to question 1, would you say that is ok?

One witness, Sorry i dont understand? Do i need to put my own name or just leave it blank?

Thanks

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Also, do i list myself as a witness, if so what do i write in the 'witness to which facts' box?

Thanks @nemesis45

One witness.

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Also, do i list myself as a witness, if so what do i write in the 'witness to which facts' box?

Thanks [MENTION=55034]nemesis45[/MENTION]

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

[MENTION=55034]nemesis45[/MENTION] is this ok for Q1: I consider a settlement of the claim to be inappropriate at this stage, as the alleged debt is statute barred.

Is that enough at this stage?

MillieB

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Maybe, i probably make it complicated because i am fearing the worst and expecting it to be. I am so grateful of your help and so glad i came accross this site.

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Oh, ok as simple as that. I think i doubt myself because and make things more complicated than they need to be. Then as soon as you say it, it think 'of course it is'

MilllieB

I think a lot of the time we see what we want to see ( usually the worst scenario) e.g. DCA letters saying we may/might when we see WILL.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Oh, ok as simple as that. I think i doubt myself because and make things more complicated than they need to be. Then as soon as you say it, it think 'of course it is'

MilllieB

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

OK, he seemed very nice the day i went for the set aside hearing.

So for Q1, what shall i put as to why i dont wish to reach a settlement at this stage?

MillieB

You believe the alleged debt is statute barred. ?/

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

OK, he seemed very nice the day i went for the set aside hearing.

So for Q1, what shall i put as to why i dont wish to reach a settlement at this stage?

MillieB

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Thank you sooo much @nemesis45 , i will now make my way through this. On the first questions,do you want to settle without a hearing, what reason do i give for not wanting to settle at this stage? My only thought is that i want to be given the opportunity to have the case struck out. But i guess i cant put that, or there is a better way of putting it.

MillieB

You can put in the Directions section that you intend to apply for the claim to be struck out, but my opinion is that you need to hear /see what the claimant has to say before making such an application.

The judge here seems to be very fair and reasonable.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Thank you sooo much [MENTION=55034]nemesis45[/MENTION] , i will now make my way through this. On the first questions,do you want to settle without a hearing, what reason do i give for not wanting to settle at this stage? My only thought is that i want to be given the opportunity to have the case struck out. But i guess i cant put that, or there is a better way of putting it.

MillieB

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

This is strange, at the bottom of the first page it says N181 Directions Questionnaire (Fast Track and Multi-track)

Yes this is being heard in a more formal court setting ( Fast Track)

So. A. settlement:

1 Do you want to settle without a hearing? My feeling is No.

Do you think its inappropriate to attempt to settle? Answer ?? Your ideas ??

B1. Your nearest CC Hearing Centre.

B2 Trial Yes

Your nearest CC Hearing Centre/ C Court because this hearing follows from a Judgement set aside on date.

Pre Action Protocols not relevant to this hearing.

D. Case Management: Have you made any applications e.g. for the claim to be struck out? If not state no.

D2. N/a


D3. N/A

D 4. That the claimant discloses the Following Documents.
The Agreement relative to the alleged debt
The Notice Of Assignment
The Default Notice.
Unequivocal written proof that the alleged debt is not statute barred.


E. Expert Witnesses No to all parts.
E. cont. N/A.

F. No Witnesses Apart from yourself.

G. Time of FH One Day ( the claimant may say different)

G. Book Holidays etc. if any.

H. N/A

I. Other Information

Any application ?? No.#

Directions take a look online at CPR P28 so that you understand what it's about then tag me.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

[MENTION=55034]nemesis45[/MENTION] this is a link for a website showing the N181 form

https://www.moneyclaimsuk.co.uk/PDFForms/N181.pdf

MillieB

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Just realised n180 is for small claims, n181 is for fast track
MillieB