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

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Its a task worth doing if it means i can get this sorted!

I will type it up in word and then send it in.

Thanks

OK Millie, tag me when done.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

[MENTION=55034]nemesis45[/MENTION]
I have just found the exact form online (the Directions Questionnaire). Would it be any good posting a link to it?

I have typed up the Notice i received but cant see how to attach a document

Thanks

[Kati]

Re: Need Help Writing a Fully Pleaded Defence

@nemesis45
I have just found the exact form online (the Directions Questionnaire). Would it be any good posting a link to it?

I have typed up the Notice i received but cant see how to attach a document

Thanks

email it to me with a link to this thread and I'll post it up for you xx

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

email it to me with a link to this thread and I'll post it up for you xx

Thank you [MENTION=49370]Kati[/MENTION] nemxx

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

[MENTION=42011]Nem[/MENTION]esis have sent the link to Kati , i will just copy and paste the notice i got sent.



IMPORTANCT NOTICE

If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering a judgement.

TAKE NOTICE THAT

1. This Is now a defended claim.
The defendant has filed a defence, a copy of which is enclosed

2. It appears that his case is suitable for allocation to the fast track.
If you believe that this is not the appropriate track for the claim, you must complete box D2 on the Directions Questionnaire (Form N181) and explain why.

3. You must by 27^th May
A) Complete the Directions Questionnaire , file it with the court office and serve copies on all other parties

And B) attempt to agree directions with all other parties

And C) file proposed directions (whether or not agreed) with the Directions Questionnaire

[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

[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

[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

[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

[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

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

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

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

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 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