UK CPM and Gladstones strike again

KeithP

nosferatu1001 wrote: »

Have you gone ONLINE and acknowledged the claim yet?
I Cannot see confirmation you have done so
Do that TODAY. Do NOT delay it. This gives you a total of 33 days from the date of issue, not just 19.

...and OP, post #12 above tells you how to do the AoS.

sa1601

Not yet - will do it tomorrow.

sa1601

We have lodged the AoS and defence and counter claim. Now we can only wait. I will let you know what happens.

Coupon-mad

Did you pay the required £25 fee for your counter claim?

Was it this?

Section 4: Counterclaim
• I am counter claiming £500. This amount consists of:
£150 for tortious interference with the quiet enjoyment of my property.
• £290for the distress, harassment caused by the claimant’s continued persistence in pursuing the matter to this stage and letters sent by DRP, which have had a significant impact on my life for the past year.
• £60 refund for a fine paid subsequently for the same perceived transgression because I could not face another barrage of letters and was unaware of the legal position at the time (confirmation of payment provided).

sa1601

He put in a claim for
£500 for stress caused and the impact it’s had on their lives and relationship. It was £35. We did it all on line through the Money service site. It was easy. So the AoS, Defence and counter claim have all been done.

sa1601

Thanks. Very interesting. We are going to investigate further. I double checked the lease and the car park space has been demised along with the flat for the term of the lease. So I understand that to mean he owns the space under leasehold on the same basis as the flat.

bargepole

sa1601 wrote: »

… We did it all on line through the Money service site. It was easy. So the AoS, Defence and counter claim have all been done.

Nobody here advised you to do that.

Did you not read the instructions linked in post #2 on the NEWBIES thread:

3. Your Defence does not need to be War and Peace, but it must mention, however briefly, every point of fact and law that you intend to rely on. You won't be able to amend it or add extra points later without paying a court fee, but you can expand on the original points in more detail. The Defence should be headed 'In The County Court', then show the case number, the names of the parties indicating who is the Claimant and who is the Defendant, and have the word 'Defence' at the top, and at the bottom say 'I believe the facts stated in this Defence are true' then your signature and date. It should all be formatted with numbered paragraphs and pages, in Times Roman 12pt, with 1.5 line spacing. I recommend printing and posting (registered) to Northampton, trying to fit it in the online box destroys the formatting, and makes it hard for the Judge to read.

sa1601

When you complete it online on the MCOS site directly you don’t have any formatting options and there are separate boxes for the declaration of truth. If this online option is so awful why do they provide it? They take care of all the requirements. I did not submit War and Peace. It allows you 122 lines for the Defence and we used all of them but didn’t have to cut down the revised version I posted here earlier. I followed the advice in post 2 of the newbie thread or missing anything. Nobody came back and said I was the wrong track. All points of law were in there that applied to this case and I followed all advice given my first draft which was indeed a War and Peace WS! The defence posted earlier (not the first long one) was based on an example you had posted in that thread. I amended the paragraph in which I had cited the cases and replaced with the paragraph you suggested. I will also email a copy set out as you suggest to the email given here and post too as you suggest if you advise.

Coupon-mad

If this online option is so awful why do they provide it?

Because it's a cheap automated version for the CCBC; a production line.

sa1601

The whole thing feels like a production line. I will email the Defence.