MCOL from CEL for PCN from October 2015

Loadsofchildren123

I haven't got time to look at this, but please note that when you amend your defence, you don't do a whole new one, you amend your old one by:
1. crossing out deletions
2. underlining additions
preferably in red.

nosferatu1001

and yes, your counterclaim is still live

Did you actually submit a counterclaim with your previoiulsy filed defence? If so, did CEL respond to your counterclaim within the 14 days theyre alloewd? if so, what did they say?

If they have not complied then you can ask the court for a default judgement, I believe

AMC666

KeithP wrote: »

Now that CEL have supplied a revised PoC, do your points 7. and 8. need adjustement?

I think point 7 can stay because they didn't inform me that they intend to take me to court. I just received the order in the post without any warning.

I'll take point 8 out because of the new PoC they have sent.

In the order sent from the court it states that the PoC do not comply with CPR 16.4(1)(a) and are by this order struck out. Does that mean they cannot use that first PoC. They refer to it in the new PoC but can they refer to it if it has been struck out?

AMC666

nosferatu1001 wrote: »

and yes, your counterclaim is still live

Did you actually submit a counterclaim with your previoiulsy filed defence? If so, did CEL respond to your counterclaim within the 14 days theyre alloewd? if so, what did they say?

If they have not complied then you can ask the court for a default judgement, I believe

Yes, I submitted a counterclaim (paid £25) and they did file a defence (links below).

Page 1: http://tinypic.com/r/2925zbl/9
Page 2: http://tinypic.com/r/14ilizt/9

AMC666

Loadsofchildren123 wrote: »

I haven't got time to look at this, but please note that when you amend your defence, you don't do a whole new one, you amend your old one by:
1. crossing out deletions
2. underlining additions
preferably in red.

The court order states that I can send a defence in substitution of the defence I already filed. I thought I'd file a better defence as my first defence was just a few lines saying I was not the owner of the vehicle after 21/10/15 and the incident took place on 22/10/15 and that i wasn't in possession of the vehicle from 21/10/15 which really should have been good enough as I shouldn't have to pay for something I haven't done.

Coupon-mad

LOC123 told you that you MUST only amend your original defence, with crossed out lines and replaced lines, showing it to be effectively the same document, but amended and signed again with a fresh signature and date.

The defence to the Counter Claim wrongly says it is your 'duty' to show damage. Not so, and it's not much of a defence, but it is for you as Counter-Claimant to convince a Judge on the balance of probabilities, and these cases are not easy. Some have been won, but not many.

I hope your counter-claim made the position about distress clear, by citing Vidal Hall (and Halliday, and maybe Blamires too) and stating clearly that compensation can be awarded by the courts as a remedy for distress alone. Hope your counter-claim set out the conduct that caused distress, and laid it on thick about that distress?