After VT-ing my Mercedes . - Court Papers Received ** ARRRGHHHH!!**

[R0b]

Right, I've attached a very basic start to the defence adding some commentary to the document. The first thing for you to do is:

1. Complete the heading and fill in the names, claim number etc.

2. Start drafting the background leading up to the claim. Each new point you want to discuss should be on a separate numbered point but don't worry if you get stuck or confused, just do your best and we can smooth it out later.

I'll have a stab at collating some of the information already on the forum and starting putting it together in a format that you could use. What I provide is of course just an example of how you might want to set out your defence, there are a number of ways to do this and you can go in as much or as little detail as you like though do remember it has to be concise.

Since the claim was issued on 5 August, you must file a defence and serve it on Mortimer Clarke no later than 4pm on Monday 9th September (33 days makes it Saturday 7 September but the CPR says that when the due date for a defence falls on a weekend, you have until the next business day to file and serve).

Another option is to write to Mortimer Clarke and ask for an extension of 28 days - the CPR rules allow this and unless they have good reason to refuse they should agree. Let me know if you want to do this because I have a letter floating around somewhere covering this request.

Otherwise, get your skates on because you really don't want to leave this until last minute since you'll make more errors and not have enough time to proof-read. Presentation is always key.


Post up your draft when you are done but make sure to omit your personal information

[ash032]

R0b Thanks for that. Very helpful. I attach my completed defence - (with personal info) for you to look at. I have been googling about how to file this. I might be able to file it on line - or otherwise send it manually to the court.

[R0b]

Thanks, I'll probably take a look over the weekend where I actually have some time to sit down and have a read of it and let you know my thoughts.

[R0b]

Morning,

I've attached an updated defence, though I did not add in your background information that you've given as I think it could be more concise. Also your use of "I" should be changed to "the Defendant" as third person.

I've highlighted areas that may required amendments or deletions depending on whether they fit your circumstances so that's something you'll need to figure out yourself.

Again, this is just a template but covers the allegations made in the claim form - if you want any further feedback, upload your document once you've made the changes.

[ash032]

Thanks R0b I have updated some the response. Thanks it was massively helpful. Are there any guides for filing the defence? When I went to file in on line there is a text field with a max of 122 lines.

Thanks Ash.

[ostell]

You file it as an attachment to an email to the court. PDF format and dont forget the signature

[ash032]

THanks R0b

[ash032]

I'll send the defence shortly. I have removed the sections from the defence regarding 'Damage' as the invoice only covers mileage. thanks R0b

[R0b]

I would be cautious of removing the damage element. Their particulars of claim are seeking damages, vehicle instalments and excess mileage charges. If someone alleges something you have to either admit or deny it and being silent on it is taken to be an admission. Equally you can't just deny something without giving a reason for the denial.

So regardless of what invoice or charges you have, it would be sensible to deny all 3 allegations and give reasons for the denial.

However, it is your defence so you can deal with it as your see fit. The email address to send your defence to is ccbcaq@hmcts.gsi.gov.uk however you must put the claim number in the subject line and you can put a short covering note in the body of the email. For example, I do something like the below:

Subject line: John Smith v John Doe (claim number XXXX)

Dear sir or Madam,

Please find attached the defence to the above claim.

[ash032]

....

[ash032]

Thanks for the feedback R0b . I have filed my defence this afternoon.

[ash032]

A while since I updated here 0 but I filed my defence and MCOL has the last entry on my account as 'Your defence was received on 06/09/2019'. as far as i can see mercedes have not responded to my defence - nothing else has happened since then.

Is there anything i should do now? Is this finished with?

R0b*?