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

[MillieB]

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)

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

It is N181 form x

Me too?

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

It is N181 form x

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Are you on N180 Form?

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage. (yes or no)
2. If yes, do you want a one month stay? (yes or no)
3. If you answered 'no' to question 1, please state the reasons why you consider it inappropriate to try settle the claim at this stage.

That is the first page

MillieB

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I think we may have different questionnaires?

MillieB

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

[QUOTE=MillieB;649964]I dont get any of it @nemesis45 i could really do with your help on all of it I am sorry to keep being such a pain - is there any chance i could get your help this evening?

Thanks in advance, MillieB

Ok Millie.

Q A1. Yes agree to mediation, ( makes you look good, but it may not happen)

B. Your Contact Details: Complete fully.

C 1. Tick Yes.


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D 1. Your nearest county court to home ( you can a list online)

D 2. No Expert Witnesses.

D 3. Just yourself (answer 1)

D 4. This is dates you are not available e.g. pre booked holidays, hospital appointment etc.

No to an interpreter.

Sign and date: Defendant.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

I dont get any of it [MENTION=55034]nemesis45[/MENTION] i could really do with your help on all of it I am sorry to keep being such a pain - is there any chance i could get your help this evening?

Thanks in advance, MillieB

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Yes i did mean do you have a copy x

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Hi @nemesis45 i have started filling in the DC but am stuck already!! On question 1. Do you have a copy of a directions questionnaire?

Thanks MillieB

Do you mean Do I have a copy?
Anything your are not sure of type the question here.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Hi [MENTION=55034]nemesis45[/MENTION] i have started filling in the DC but am stuck already!! On question 1. Do you have a copy of a directions questionnaire?

Thanks MillieB

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Hi @nemesis45 i still have not heard back from Mortimer Clarke so i shall have to fill in the directions questionnaire and send it off to the court soon as time is running out. Was still kind of hoping that they might withdraw the claim

I shall see if i have any post today, if not i shall get this filled it. So i may be after some help again tomorrow.

MillieB

Yes Millie I agree DQ should be sent now.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Hi [MENTION=55034]nemesis45[/MENTION] i still have not heard back from Mortimer Clarke so i shall have to fill in the directions questionnaire and send it off to the court soon as time is running out. Was still kind of hoping that they might withdraw the claim

I shall see if i have any post today, if not i shall get this filled it. So i may be after some help again tomorrow.

MillieB

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Thank you so much @nemesis45 I will get this sent off tomorrow in my lunch break.

The only bit i dont quite understand i number 8. The fact that the original creditor chose to take an unreasonable and unfair length of time to terminate the account will be brought to the attention of the court and supporting evidence will be submitted to the court.
What evidence would this be? Would this be the statement of account i have from the original creditor? They have on there 15/10/15 write off. Although i was told on the telephone the agreement was terminated 21st January.
Thanks

Hello Millie from what I recall it was terminated two years after repo and default if that's wrong please amend.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Thank you so much [MENTION=55034]nemesis45[/MENTION] I will get this sent off tomorrow in my lunch break.

The only bit i dont quite understand i number 8. The fact that the original creditor chose to take an unreasonable and unfair length of time to terminate the account will be brought to the attention of the court and supporting evidence will be submitted to the court.
What evidence would this be? Would this be the statement of account i have from the original creditor? They have on there 15/10/15 write off. Although i was told on the telephone the agreement was terminated 21st January.

Thanks

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Hi @nemesis45

1. deposit paid in september 2008

2. No monthly payment were taken due to insufficient funds - the last one tried was on 16/02/2009

3. No payment or written acknowledgement has been made since i made the deposit.

4. I have had no communication until 07/01/16 when i was informed from claimant which was about me not responding to the claim form.

So now i need to write to the claimant , is there any chance you could write one in rough for me. I get so nervous im not going to do it right or cover stuff that is important.

Thanks, MillieB

Ok.

Mortimer Clarke Solicitors:


Re: County Court Claim No.......................................
Judges Order Dated............................................:

Sir/Madam,

In reference to the above mentioned matter I have now had an opportunity to full assess my stance on the status of this alleged debt in relation to the provisions of the Limitation Act 1980.

I will be making the following statement in defence of the original claim.

1. There has only ever been one payment made in regard to this account and that was the deposit paid on xx September 2008.

2. No monthly payments were ever made due to lack of funds caused by ( state why) all direct debt requests for payment were declined because of this.

3. No unequivocal written acknowledgment of liability for the alleged debt has been made since the deposit was paid.

4. No communication has been received from any party until 07/01/16 when the claimant informed me that I had not responded to the claim.

5. I have not at any time prior to the date above received any notices, demands for payment or a letter before action from the claimant its solicitor or any other party.

6. It is noted that the claimant avers that the account was terminated on date............. some xx months after the vehicle was repossessed and the account was defaulted.

7. Given the information above I believe that the alleged debt was statute barred on the date the claim was issued.

8. The fact that the original creditor chose to take an unreasonable and unfair length of time to terminate the account will be brought to the attention of the court and supporting evidence will be submitted to the court.

I now respectfully suggest that Mortimer Clarke refers the matter the client, suggesting that they withdraw the claim forthwith in the interest of saving costs and court time.

Add / delete anything I may have missed or have stated in accurately.


nem

OK Millie use signed for post, check delivery date and signature / print off a copy and keep for your records.

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Hi @nemesis45

Hope your ok. Just wondering if you have had a chance to draft a letter for me? Thinking i need to get it posted off so that i have enough time to allow them to respond before i need to get it all back to the court

Thanks again,
MillieB

Back home now Millie will be done this am.

nem