Hi everyone!!

[WendyB]

Re: Hi everyone!!

You're welcome. And I did have help from a certain site owner who gave your defence the once over at my request.

As far as costs go, then you probably can, off the top of my head you would have to put this in your bundle/witness statement before the hearing, or on the AQ, but it's late I've worked 13 hours today so my brain isn't functioning. Have a mooch round and you'll probably be able to find the answer. But you don't need the answer straight away anyway. Cross it when you come to it.

My gut feeling is that it will never get to a hearing anyway, but you may be able to claim wasted costs. I really don't know. I'm sure it's Googleable though (Is that even a word, lol)

[twix]

Re: Hi everyone!!

If you want to send in a defence to court you have to provide at least two copies to the County Court as they won't provide copies to the claimant, (one copy stays at the court and the second will be sent off to the claimant). You need a copy for yourself, so in total make 3 copies.
In the defence you should include any additonal documents relied upon plus sufficient copies for all parties to the claim.
This is stated on the front page of the information that the court sends out with the CCJ form.

It also include info re counter claim, there is a fee, the amount depends on how much you want to claim. it starts from £30.
If you wish to dispute the full amount claimed or wish to claim againt the claimant:
If you want to claim against the claimant ( a counterclaim) complete Form N9B and send it to the court within 14 days.
If you admit part of the claim, complete the Defence Form N9B and the Admission Form N9A and send them both to the court within 14 days. The claimant will decide whether to accept your part admission in satifactory of the claim. If the claimant does not accept the amount you have admitted, the case will proceed as a defended claim.

All the above information is taken from the information sheets sent by the court.

[CleverClogs]

Re: Hi everyone!!

Okay Rees. Go with it. The defence is fine as it is. Don't forget to make sure to either hand deliver it or send it Recorded Delivery.

As it needs to be there by Friday, send it by Special Delivery.

Recorded can take two days or more!

It may also be possible to do it online, but submit it by Special Delivery anyway.

You only need two copies, one to send, and one to keep yourself. The Court will send a copy to BC, as far as I am aware.

Considering how she has been treated by Barmpot Carter, she might wish to send them a copy bearing a return address on the envelope but with only a 1p stamp affixed; Carters would be charged for the rest of the postage.

[rees1970]

Re: Hi everyone!!

I could always hand deliver if needs be, it's only a 15 minute drive to the court.

Should I put my defence on the form I originally received (late), as I've printed my defence out on plain paper?

[pompeyfaith]

Re: Hi everyone!!

I could always hand deliver if needs be, it's only a 15 minute drive to the court.

In that case hand deliver you must as that way you can be assured it got there

Plain paper will be fine if it is typed in the courts prefered format I.e case details top centre and bulleted

[twix]

Re: Hi everyone!!

If you deliver it by hand make sure you get a reciept!

If you send it by Special Delivery, it cost £5.45 and it's guaranteed to be delivered by 1pm the following day. The receipt the post office give you for this has a tracking code which you can see who signed for it and print off to keep for your records. You get this from the Royal Mail website.

[WendyB]

Re: Hi everyone!!

Take in the original N1 which you received as well, just in case, if needs be you can and you can write in the space for the defence "See attached xxx pages" and staple them all together. Make sure you put the case number and all relevant details on your printed copy. If you hand deliver it make sure you get a receipt from the Court.

[rees1970]

Re: Hi everyone!!

Should I just include the N9B Defence and counterclaim form, as a sort of cover letter to my defence? although this has Northampton court on it, rather than my local court, where I will be sending it!

[twix]

Re: Hi everyone!!

You can check the court's web page: www.hmcourts-services.gov.uk

If you are unsure which forms to include, the court can give you advice though if I wss you I would bring all form with me and ask the clerk. I always include too much than too little as it would cover all angles.

[CleverClogs]

Re: Hi everyone!!

If you are unsure which forms to include, the court can give you advice though if I wss you I would bring all form with me and ask the clerk. I always include too much than too little as it would cover all angles.

But how can one get the court to "flan" Barmpot Carter in the manner of Georges Le Gloupier, as seen here?

[rees1970]

Re: Hi everyone!!

Well I decided to post in the end, and it's been received and signed for. Wait and see what happens now!

Thanx all for your help!

[rees1970]

Re: Hi everyone!!

Hi all, just a bit of an update!
I've received a letter today from Carter, dated 10th May,

Thank you for your recent request!

We note that you agree that this matter should be allocated to the small claim track. The Claimant provided an agreement at the point of contract and statements throughout and therefore it is the position of the Claimant that reasonable disclosure has previously been provided.

We look forward to hearing from you in due course.

Any ideas what this all means, as nothing has been sent to me from them. I'm also concerned that by the date on the letter, they wrote back within the time given, but I only received it today. No date on the envelope though as it just has a stamp on!

[CleverClogs]

Re: Hi everyone!!

It means that they cannot find it and so they'll just have to try to bluff.

[rees1970]

Re: Hi everyone!!

So shall I just ignore it, and wait to hear from the court?

[Shepherdess]

Re: Hi everyone!!

No Rees you shouldn't ignore it. If you do the next thing you'll hear from the court is that he's got a default judgement.
Mr Carter is up to his usual tricks!
I didn't see which CPR 31.14 template you used, but am I right it included the paragraph below, or similar?

"Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise"

He's being deliberately obtuse and trying to twist this to make it appear that you agreed it was already small claims track.....in which case CPR 31.14 would not apply and he gets out of jail free on not producing the docs.

In my view you need to respond to this asap, and remind him of the second part of that para again (highlighted).

If he refuses your recourse is to use form N244 to compel disclosure:

http://www.hmcourts-service.gov.uk/c...rms/n244_e.pdf