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I need to defend an app. to strike out my claim. Help please!

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  • #1

    I need to defend an app. to strike out my claim. Help please!

    I have a claim running in the small claims track ATM (no pun intended, but it is funny as the defendant is a bank).
    They have filed an application to have my claim struck out. Not unexpected.
    I got the letter from the Court yesterday and the hearing is on 25th July 2014, so I need to get a move on and file a defence quickly.

    I know what I want to say, but do I need to use a Court form, if so which one? What would be a suitable format for a letter if no form is required.

    Thanks in advance

    Old Big Niko
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  • #2
    Re: I need to defend an app. to strike out my claim. Help please!

    Okay, we need to see your particulars of claim and know the background of your claim against the bank.

    Also the basis on which the bank are relying to strike out your claim.

    You wouldn't file a 'defence' as such, more a witness statement/skeleton argument against their application to strike out.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps
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    • #3
      Re: I need to defend an app. to strike out my claim. Help please!

      Thanks Amethyst. It's good to know the right phrase to use. So Witness Statement it is. That should help me find out how to file one, hopefully.
      I'll happily go into details of the case and how it all goes when it's all over. It might even be helpful to some others in the same boat if I win.

      The strike out app. is based on the grounds that the claim discloses no reasonable grounds for bringing it. But I have been advised that "Oh yes it does." Guess who's on holiday when I need them.

      I can email you more details if you like, but the Witness Statement needs to be priority today.

      Thanks

      OBN
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      • #4
        Re: I need to defend an app. to strike out my claim. Help please!

        Bingo! Googleing for "small claims court witness statements" came up with lots of templates and lists of required contents, and some do's and don'ts such as don't use the statement to 'criticise' the opposition .

        The statement is finished, and I've borrowed the covering letter you suggested to Chubbasdad a few years ago.

        Amethyst, many thanks again for the insight.

        Wish me luck. The hearing is next Friday, which is a bit indecently hasty IMHO.

        OBN
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        • #5
          Re: I need to defend an app. to strike out my claim. Help please!

          Okay, Witness Statements, as you have found are everywhere, there's quite a lot on here, the difference between a WS and a Skeelton Argument is the WS is fact based eg: on XXXXX I did this, On XXXXX I did something else and the Skeleton is a bit more your arguments and legal pleadings.

          Don't forget the statement of truth.

          Did you send a full POC or a moneyclaim?

          I'll have to look up what Chubbasdad sent, it was a while back lol.

          (and sorry for late reply I had to run some errands)
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps
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          • #6
            Re: I need to defend an app. to strike out my claim. Help please!

            Ahhh yes, the good old days lol, thanks for that bought a smile to my face reading it. http://www.legalbeagles.info/forums/...406#post151406 - and quite appropriate on the day the CMA look again at overdraft charges and banking competition.


            If you want to email me your POC I would like to have a look (partially because I'm nosey and hate not having horses mouth info when discussing cases, and partially to see if there is a reason particularly why they might want to strike it out, other than the fact they are flaming arrogant and hate Litigants in Person)

            (email is admin@legalbeagles.info )
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps
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            • #7
              Re: I need to defend an app. to strike out my claim. Help please!

              Result! Got the judgement in the post this morning that confirms that the Application to strike out my claim is dismissed, and no costs awarded. The final hearing is November 13th. I'll email you some details asap.

              OBN

              PS as expected the rottweiler appeared in the waiting room and wanted to discuss the schedule of costs I'd received in the post that morning. So I smiled sweetly, said "You've gotta win it to get it" and then proceeded to invade his personal space by leaning over and turning over pages in his folder, tapped a few and said "Hum, I like that one". He got up and moved away eventually.
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              • #8
                Re: I need to defend an app. to strike out my claim. Help please!

                Nice one. Well done. I look forward to reading more.
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

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