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

[MillieB]

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

[nemesis45]

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

So you think thats ok then? There isnt anything i should need to do?

Do you think i should contact the court and ask if they can tell me the status of the claim?

Thanks @nemesis45

Give the court a ring perhaps next Monday there's a backlog in the admin part of the court system.

nem

[MillieB]

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

Have been on hold since i sent that message, have had to give up for now. i will call them again later.

Thanks

[Kati]

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

So you think thats ok then? There isnt anything i should need to do?

Do you think i should contact the court and ask if they can tell me the status of the claim?

Thanks @nemesis45

It's got to be worth it ... even if you just ring up to see if they've received the consent order yet (keep all bases covered) xx

[MillieB]

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

So you think thats ok then? There isnt anything i should need to do?

Do you think i should contact the court and ask if they can tell me the status of the claim?

Thanks [MENTION=55034]nemesis45[/MENTION]

[nemesis45]

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

Hi @nemesis45 , bless you.
Have just spoke to Mortimer Clarke on the phone, they have confirmed that the order of consent has been sent for approval.

MillieB

Hello Millie,

Wow that's a relief!!!!

Thank you for letting me know!

nem

[MillieB]

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

Hi [MENTION=55034]nemesis45[/MENTION] , bless you.
Have just spoke to Mortimer Clarke on the phone, they have confirmed that the order of consent has been sent for approval.

MillieB

[nemesis45]

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

Hi @nemesis45 i couldnt ring as i had to work late, i will be calling early tomorrow afternoon when i get home.

Will let you know how it goes

MillieB

OK Millie thank you I've been checking all day just in case!!

nem

[MillieB]

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

Hi [MENTION=55034]nemesis45[/MENTION] i couldnt ring as i had to work late, i will be calling early tomorrow afternoon when i get home.

Will let you know how it goes

MillieB

[nemesis45]

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

They did file their DQ as i was sent a copy of it.

I will call Mortimer Clarke tomorrow and find out what is going on, think i may phone the court too and ask them if they can tell me the status of the claim.

Thanks

Please let us know as soon as you get an answer.

nem

- - - Updated - - -

They did file their DQ as i was sent a copy of it.

I will call Mortimer Clarke tomorrow and find out what is going on, think i may phone the court too and ask them if they can tell me the status of the claim.

Thanks

Please let us know as soon as you get an answer.

nem

[MillieB]

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

They did file their DQ as i was sent a copy of it.

I will call Mortimer Clarke tomorrow and find out what is going on, think i may phone the court too and ask them if they can tell me the status of the claim.

Thanks

[charitynjw]

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

Did you check to see if MC received the consent document?

I'm wondering if MC did file the DQ and the usual left hand right hand scenario has happened left has sent discontinuance and right has filed DQ.

nem


I puzzled too, I think a call to MC asap in the morning once you find out what's happened tag me and I'll pick up the thread,

Hi nem

Should Millie phone the court to check status of claim?

[nemesis45]

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

This has come from the County Court that dealt with the original claim and has the court stamp on it and the date of the notice is 17th June.

So puzzled, i just thought it was all over and done with and that they were withdrawing the claim after i received tha letter from them.

MillieB

Did you check to see if MC received the consent document?

I'm wondering if MC did file the DQ and the usual left hand right hand scenario has happened left has sent discontinuance and right has filed DQ.

nem

I puzzled too, I think a call to MC asap in the morning once you find out what's happened tag me and I'll pick up the thread,

[MillieB]

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

This has come from the County Court that dealt with the original claim and has the court stamp on it and the date of the notice is 17th June.

So puzzled, i just thought it was all over and done with and that they were withdrawing the claim after i received tha letter from them.

MillieB

[nemesis45]

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

Hi @nemesis45 , its me again!

Today i have received a letter from Court informing me that the claim has been allocated to the fast track!

I dont know what to do now, i havent heard anything since i signed my copy and sent it to Mortimer Clarke stating that they withdraw, i withdraw etc.

What do you think i should do? Phone the court, or phone the solicitors?

Thanks

Hello Millie,

That sounds very odd!!!
Has this notification come from Northampton Courts?
What was the total value of the claim?
What is the date on the notice?
I would phone MC first thing in the morning.

Meanwhile can you please post a copy of the consent order after removing personal details?

nem