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

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Going to stay on this until we get is sorted.

nem

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Thanks @nemesis45.

I have only just got in from work anyway.

Look forward to getting this sorted.

Thanks

Hello Millie,

Who was the original creditor please?

I've isolated some points for confirmation.

1. No payments were made after 17/10/2008?

2. The original creditor confirmed a termination date verbally as 21/10/2009?

3 The vehicle was sold in March 2009?

4. The claimants solicitor states that the account was terminated 15/10 /2010 a year after the OC's verbal statement of 21/10/2009?

5. The car was sold in March 2009 seven months prior to the V confirmation of 21/10/2009?

6. You believe the claimants solicitor is saying that termination took place when the OC wrote off the debt and then the claimant purchased the debt?

Nem

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

[QUOTE=nemesis45;642291]

Thanks @nemesis45.

I have only just got in from work anyway.


Hello Millie I have asked LB admin to help as I don't have VIP jnfo that Amethyst link so would be working blind on the defence.

nem

Ok J'm going over every thing now,

nem

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

[QUOTE=MillieB;642278]Thanks @nemesis45.

I have only just got in from work anyway.


Hello Millie I have asked LB admin to help as I don't have VIP jnfo that Amethyst link so would be working blind on the defence.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Thanks [MENTION=55034]nemesis45[/MENTION].

I have only just got in from work anyway.

Look forward to getting this sorted.

Thanks

[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

[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

[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

[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

[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

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

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

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]

[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

[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.