Defence for court

Anastasiya27

Don’t expect much help here for defence letter, only few lucky once have had the support as there’s only few legally clued up people in here. The rest help with directing you in the right place and forcing you to research everything yourself, which is scary but it’s an incredibly busy forum, I’ve wrote my defence but no criticism. Good luck

ZimmermanKlaus

Ah well hopefully what I have wrote is ok. I have sent them by pdf to the email suggested. My deadline is Monday at 4pm. I will check Monday on the MCOL website if they have been sumbmitted.

nosferatu1001

How dont you understand point 3/ What was dififcult to understand?
By removing it you force people to click through to the newbies thread, in order to find the point you dont like, etc.

Coupon-mad

Nice concise defence though, ticks all the boxes and disputes the terms on signage.

ZimmermanKlaus

nosferatu1001 - I was planning to put the link in, I didn't know I couldn't post them should of added the point at the bottom really.

This is the point i was referring to:

3. The Particulars of Claim state that the Defendant !!!8220;was the registered keeper and/or the driver of the vehicle(s)!!!8221;. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

Even after some googling I wasn't sure so just took it out.

Coupon-mad - Thanks its good to know.

My friend has now had one of his dropped after entering his defence so hopefully that happens for mine to will report back here if that is the case.

uselesspleasehelp

Any chance of seeing his defence in case it relates to my own or others that would help please?

nosferatu1001

THere was no need fo r3 to come out.
Cause of Action means they need to identify WHO they are saying is at issue, and WHY. They cannot offer a menu of possible reasons or people who might be liable, they have to find A cause.

ZimmermanKlaus

uselesspleasehelp - You should be able to see my defence in posts 9 and 10.

nosferatu1001 - Ah I'm glad I took it out then. Thanks for looking it over.

I have now received the DQ from BW Legal for both claims but not my own to fill in. I will contact the court about why I haven't received one tomorrow.

Coupon-mad

I will contact the court about why I haven't received one tomorrow.

Because the CCBC haven't sent it to either party, yet. MCOL shows you what stage it is at and if it doesn't say DQs have been sent out then they haven't.

BW Legal have just downloaded one from the online court form finder, and rush it out to make people panic and feel on the back foot.

ZimmermanKlaus

Just to give an update, no DQ has been sent yet so I emailed the court both cases are now stayed. How do I progress these now I don't want them hanging around forever.