CEL draft Defence

ruffneck247

Farmer_BarrleyMow wrote: »

I have submitted my defence to CCBC via email, should i be able to see this registered on the MCOL web site ?

Any chance you could post your defence letter on here please.

Lamilad

You need to serve it as well on CEL

You don't need to serve your defence on the claimant. Ccbc do that for you.

But all future documentation - DQ, WS etc does need to be served.

Lamilad

ruffneck247 wrote: »

Any chance you could post your defence letter on here please.

Really???

Have you even read this thread?

ruffneck247

Lamilad wrote: »

Really???

Have you even read this thread?

Yes but would like to see the actual defence letter that was written!!

Farmer_BarrleyMow

DQ received

got the following pointers for form completion:

• [FONT=&quot]A1 = NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you)[/FONT]
• [FONT=&quot]B = fill in all the details, name, address, etc[/FONT]
• [FONT=&quot]C1 = YES to small claims track – this is the limited costs track for claims up to £10,000 in value[/FONT]
• [FONT=&quot]D1 = name of your local County Court – unless you are a Ltd company, the case files will be transferred there[/FONT]
• [FONT=&quot]D2 = NO to expert evidence (this relates to medical negligence cases and suchlike)[/FONT]
• [FONT=&quot]D3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)[/FONT]
• [FONT=&quot]D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one).[/FONT]

[FONT=&quot]Note: Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1: “The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”.

Any pointers or advice gratefully received


I understand a copy has to be sent to the Claiment, is there a covering letter for this and i assume it has to be recorded delivery?[/FONT]

fatbelly

Seems OK to me. On D3 you are the defendant, not a witness. But it doesn't make much difference.

D Witnesses
Enter the number of witnesses you intend to call to give evidence not including yourself or any expert witness.

Your CPR reference is OK

3) Subject to paragraphs (5) and (5A), if the defendant is an individual and the claim is for a specified sum of money, at the relevant time the claim must be sent to the defendant’s home court (save that where there are two or more defendants, one or more of whom are individuals, the claim must be sent to the home court of the defendant who first files their defence).

You don't particularly need a covering letter. The claim reference is on the form so it's self-explanatory

nosferatu1001

Not recorded. FIrstr class, free proof of post. NEVER send recorded.

Loadsofchildren123

D3 is correct, the number of witnesses must include yourself.
if your case involves evidence from a third party (which is sometimes the case) then it's 2 (and so on).

Farmer_BarrleyMow

isnt recorded elivery the best option as you then have proof of delivery ?

Redx

Farmer_BarrleyMow wrote: »

isnt recorded elivery the best option as you then have proof of delivery ?

only if it is "signed for"

if it is not "signed for" (its new name by the way) then it is proof of non-delivery

sending by first class post with the royal mail with a free certificate of posting at the P.O. is the correct and often used legal method of posting , because in law it is deemed "delivered" by royal mail 2 days later

the only proof you need is the free proof of posting receipt