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

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Hi [MENTION=55034]nemesis45[/MENTION]

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

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

oh no [MENTION=55034]nemesis45[/MENTION] and no need to apologize, i really appreciate all the help you give me.

Thanks, looking forward to getting it done then i feel saine again lol.

Thanks MillieB

[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

Hello Millie,

Sorry for the delay in responding family emergency.

I will do this over the weekend for you.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Hi [MENTION=55034]nemesis45[/MENTION]

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

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Analysis to date:

1. Only deposit paid Sept. 2008

2.Contractual monthly payments were not made. (When was the last attempted payment?)

3. No Payment or written acknowledgment has been made since 2008?

4. No communication from any party since 2008 until the claim received on ..............?

nem

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

I suggest a letter to the solicitors stating that the alleged debt was statute barred on the date that the claim was issued, and you intend to enter a direction that the claim be struck out.
t
I try to go through the whole thread this morning to put together as much as possible for the defence.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Thanks [MENTION=55034]nemesis45[/MENTION]

I have made no payment what so ever to anyone since the deposit i made on the vehicle, in September 2008, as the monthly installments that were set up to come out of my bank were returned due to lack of funds.

I have made no written acknowledgement until recently, when the CCJ was issued against me.

MillieB

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

I dont believe that the claimant has the right to pursue this debt as it should be statute barred. In my eyes, the original creditor never tried to recover the outstanding debt and i dont think the claimant should be allowed after all this time.

So i should write to MC solicitors before i send the directions questionnaire? What do i write to them asking?

Im really at a loose end at at that point where i feel its all too complicated for me to deal with

Thanks, MillieB

OK.
Statute barred in England & Wales = 6 clear years no payments ( to any party) written acknowledgment of Liability, a debt must be statute barred when the claim was issued.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

I dont believe that the claimant has the right to pursue this debt as it should be statute barred. In my eyes, the original creditor never tried to recover the outstanding debt and i dont think the claimant should be allowed after all this time.

So i should write to MC solicitors before i send the directions questionnaire? What do i write to them asking?

Im really at a loose end at at that point where i feel its all too complicated for me to deal with

Thanks, MillieB

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Thanks @nemesis45 thats the trouble, i dont really understand what i should be asking for. (all i know is that i dont believe i should be having to pay this debt)

Would you help me with writing a letter to MC solicitors?

MillieB

Good morning Millie,

Direction

The claimant has failed to provide the documents required for you to be able to fully assess your position in regard to the claim, it is to be ordered that the claimant provides all documentation within 7 days or the claim will be struck out.

In your own words tell me why you believe that you should not have to pay the debt.

nem

- - - Updated - - -

Thanks @nemesis45 thats the trouble, i dont really understand what i should be asking for. (all i know is that i dont believe i should be having to pay this debt)

Would you help me with writing a letter to MC solicitors?

MillieB

Good morning Millie,

Direction

The claimant has failed to provide the documents required for you to be able to fully assess your position in regard to the claim, it is to be ordered that the claimant provides all documentation within 7 days or the claim will be struck out.

In your own words tell me why you believe that you should not have to pay the debt.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Thanks [MENTION=55034]nemesis45[/MENTION] thats the trouble, i dont really understand what i should be asking for. (all i know is that i dont believe i should be having to pay this debt)

Would you help me with writing a letter to MC solicitors?

MillieB

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Just wondering if @Nemesis has seen the notice and directions questionnaire?

I have tried to figure it out but really need some guidance.
MillieB

At this point it's important that you know what and understand what you are going to ask the court to do (directions) more later.

As to negotiations a letter to the claimant's solicitors stating that the alleged debt was statute barred on or before the date the claim was issued, " suggesting " that in the interest of saving costs and court time their client should be advised to withdraw the claim.
Also: You will be making a direction asking the court to strike out the claim as you believe the claim is without merit.

I can put that together more formally later.

nem

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Just wondering if @Nemesis has seen the notice and directions questionnaire?

I have tried to figure it out but really need some guidance.
MillieB

Hell Millie,
Been busy here and alsewhere.
reading now.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Just wondering if [MENTION=42011]Nem[/MENTION]esis has seen the notice and directions questionnaire?

I have tried to figure it out but really need some guidance.
MillieB

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Hi [MENTION=55034]nemesis45[/MENTION] just wondering if you have been able to have a look?

I know its bank holiday so you've probably had family stuff on

Thanks
MillieB