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

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

[MENTION=55034]nemesis45[/MENTION] All typed up and printed off. I take it i send a copy to the court and a copy to the claimant? Also, do i need to put anything else in a covering letter or anything, or just send it as it is on its own?

Thanks
MillieB

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Ok, so can i send off the defence written up as it is now? Should i leave the evidence/letters to and from for now?

I hope your available for help for that too!!

Thanks @nemesis45
MillieB

Hello Millie

If you're happy with the defence send it off!

The rest of the court process we can deal with as it comes.

nem

- - - Updated - - -

Ok, so can i send off the defence written up as it is now? Should i leave the evidence/letters to and from for now?

I hope your available for help for that too!!

Thanks @nemesis45
MillieB

Hello Millie

If you're happy with the defence send it off!

The rest of the court process we can deal with as it comes.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Ok, so can i send off the defence written up as it is now? Should i leave the evidence/letters to and from for now?

I hope your available for help for that too!!

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

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

@nemesis45 i am totally thrown now. I have wrote up the defence, but where do i write about the evidence? Do i write on each one which is exhibit a etc?

When is the witness statement and bundle of evidence?

Thanks

On the defence you can mention the letters sent/received with a minimal note of the content.

When it comes to the WS at least 14 days prior to the hearing you make a statement which expands on all the points of the defence and discloses all the " evidence " you have to support your case.

I didn't of course have access to the correspondence you mention re the "termination" so could not add at this point.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

[MENTION=55034]nemesis45[/MENTION] i am totally thrown now. I have wrote up the defence, but where do i write about the evidence? Do i write on each one which is exhibit a etc?

When is the witness statement and bundle of evidence?

Thanks

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

That is much better @nemesis45 thank you.

So what do i send off as evidence, they have already had letters that have been passed between me and the claimant. Should i send them again? I have a copy of the closing statement from Black Horse, should i send this? It shows all the returned direct debits and the date of write off but not termination date.

Yes quote the letters as a sub para received/sent on stating that etc..
There's another stage to come where you must submit a witness statement and the fully indexed " bundle" of " evidence" .

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

That is much better [MENTION=55034]nemesis45[/MENTION] thank you.

So what do i send off as evidence, they have already had letters that have been passed between me and the claimant. Should i send them again? I have a copy of the closing statement from Black Horse, should i send this? It shows all the returned direct debits and the date of write off but not termination date.

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

This is what i have written @nemesis45 .

By what you said about Black Horse and very late termination, what do you mean? Am i in a good position or not?

Any changes/advice gratefully received so i can get this finished and sent off.





County Court Claim No...............................................

Between ........................................ Claimant

and

MB,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,Defendant:


I Millie B am a Litigant in Person

Defence:

1. I received the judgement from the County Court Business Centre on 11^th January 2016.

1. (a) I was unaware that a claim had been issued in regard to the alleged debt.

1. (b) On date I filed an application to have the judgment of date..................... set aside.

2. I attended a hearing at the Kings Lynn hearing centre on 4^th April 2016 for the judgement to be set aside.

2. (a) The set aside was granted on the order of Judge ............................... and it was ordered that the defendant enter a fully pleaded defence.

3. This claim arises from a regulated hire purchase agreement between Black Horse Finance and the defendant dated...............................:

4. The defendant avers that the alleged debt is and was on the date this claim was issued statute barred under the provisions of the Limitation Act 1980 as no payment or unequivocal written acknowledgment of the debt had been made in more than 6 years.

5. There has been correspondence between the claimant and the defendant in regard to the alleged date of the cause of action. Exhibit 1 etc.

6. The claimant claims that the date of termination of this account was 15th October 2010. This being the date on which the original creditor wrote off the debt, prior to the sale of the alleged debt to the claimant.

7. The defendant received verbal confirmation from Black Horse Finance on ................... that the agreement had been terminated on 21st January 2009.

8. In support of the defendant belief that the date 21st January 2009 I confirm that no payment or acknowledgment of this alleged debt was made after 17th October 2008. Note evidence statement if you have it??

9.The vehicle was repossessed on....................... and sold by the creditor in March 2009.

10. The defendant avers that the date the claimant claims the agreement was terminated is given the facts stated above is not only inaccurate but manifestly unfair placing the defendant at a distinct disadvantage in relation to the provisions of the Limitation Act 1980.

11. The defendant respectfully ask that the court dismisses this claim and the claimant bear all costs.





3. The claim is for a Hire Purchase agreement regulated under the Consumer Credit Act 1974.
4. The claimant and the defendant have been in communications by writing and have disputed the date of the cause of action.
5. The defendant believes the cause of action to be the date the agreement was terminated, 21^st January 2009.
6. The defendant believes the debt is statute barred, as the date the claimant issued proceedings was 14^th December 2015.
7. I believe that proceedings for this claim should have been processed before 21^st January 2015.

Ok perhaps @Amethyst may want to comment before you send this.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Thanks Nem, thats what i just done inbetween this.

Speak soon, thanks again

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

This is what i have written @nemesis45 .

By what you said about Black Horse and very late termination, what do you mean? Am i in a good position or not?

Any changes/advice gratefully received so i can get this finished and sent off.


1. I received the judgement from the County Court Business Centre on 11^th January 2016.
2. I attended a hearing at the Kings Lynn hearing centre on 4^th April 2016 for the judgement to be set aside.
3. The claim is for a Hire Purchase agreement regulated under the Consumer Credit Act 1974.
4. The claimant and the defendant have been in communications by writing and have disputed the date of the cause of action.
5. The defendant believes the cause of action to be the date the agreement was terminated, 21^st January 2009.
6. The defendant believes the debt is statute barred, as the date the claimant issued proceedings was 14^th December 2015.
7. I believe that proceedings for this claim should have been processed before 21^st January 2015.

OK Millie

I'll expand on the dates late termination etc, Jus gonna feed me face been extreme gardening today!!

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

This is what i have written [MENTION=55034]nemesis45[/MENTION] .

By what you said about Black Horse and very late termination, what do you mean? Am i in a good position or not?

Any changes/advice gratefully received so i can get this finished and sent off.


1. I received the judgement from the County Court Business Centre on 11^th January 2016.
2. I attended a hearing at the Kings Lynn hearing centre on 4^th April 2016 for the judgement to be set aside.
3. The claim is for a Hire Purchase agreement regulated under the Consumer Credit Act 1974.
4. The claimant and the defendant have been in communications by writing and have disputed the date of the cause of action.
5. The defendant believes the cause of action to be the date the agreement was terminated, 21^st January 2009.
6. The defendant believes the debt is statute barred, as the date the claimant issued proceedings was 14^th December 2015.
7. I believe that proceedings for this claim should have been processed before 21^st January 2015.

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

The original creditor was black horse.

1. £1000 was paid as an advance payment when the car was took on hire purchase and then after that no payments were made, on 17/10/2008 the first payment was taken out but lack of funds.

2. The original creditor verbally gave the date of 21/01/2009 as the termination date.Even Better !!

3. The vehicle was sold in March 2009 Car Sold so I would consider that's a sign that no agreement subsists.

4. Yes, the claimant is stating the cause of action as as 15/10/2010.

5. Maybe i have entered a typo, the vehicle was sold in March 2009 and i was verbally told it was terminated in Jan 2009.

6. The date they have given as the cause of action is 15/10/2010. This is the date it says on my paperwork from the original creditor as WRITE OFF so i only assume this is the date the claimant bought the debt.

Thanks

Start writing in the basics parts you have been looking at then we will be able to build on that.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

What does that mean then [MENTION=55034]nemesis45[/MENTION] ?

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

The original creditor was black horse.

1. £1000 was paid as an advance payment when the car was took on hire purchase and then after that no payments were made, on 17/10/2008 the first payment was taken out but lack of funds.

2. The original creditor verbally gave the date of 21/01/2009 as the termination date.

3. The vehicle was sold in March 2009

4. Yes, the claimant is stating the cause of action as as 15/10/2010.

5. Maybe i have entered a typo, the vehicle was sold in March 2009 and i was verbally told it was terminated in Jan 2009.

6. The date they have given as the cause of action is 15/10/2010. This is the date it says on my paperwork from the original creditor as WRITE OFF so i only assume this is the date the claimant bought the debt.

Thanks

Write off to my mind can only be after the account was terminated.
We have seen a number of Black Horse Account with very late termination unfairly late imo.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

The original creditor was black horse.

1. £1000 was paid as an advance payment when the car was took on hire purchase and then after that no payments were made, on 17/10/2008 the first payment was taken out but lack of funds.

2. The original creditor verbally gave the date of 21/01/2009 as the termination date.

3. The vehicle was sold in March 2009

4. Yes, the claimant is stating the cause of action as as 15/10/2010.

5. Maybe i have entered a typo, the vehicle was sold in March 2009 and i was verbally told it was terminated in Jan 2009.

6. The date they have given as the cause of action is 15/10/2010. This is the date it says on my paperwork from the original creditor as WRITE OFF so i only assume this is the date the claimant bought the debt.

Thanks