Preparation of Defence.

KeithP

I would suggest that a McKenzie Friend isn't the best option as that means the Defendant still has to do all the talking but can be prompted by the McKenzie Friend.

In my opinion it would be better if you supported the Defendant as a Lay Rep - effectively speaking on behalf of the Defendant.

In either case, the Defendant must attend any hearing.

The other alternative is for the Defendant to elect for the case to be heard in her absence. Clearly there is no need for the Defendant to attend, but the Witness Statement must be in tip-top condition to stand any chance of winning.
As there will be no possibility of challenging anything the Claimant may say, the Defendant's Witness Statement must anticipate anything the Claimant may say at the hearing. That obviously will be difficult.

Also, should the Claimant win, the Defendant will not be in a position to verbally challenge their costs, so again this must be robustly spelled out in the Defendant's Witness Statement.

I urge the Defendant to think carefully about this, but there is no need to disclose their hand until much later.

mukach72

Neither my wife nor I have attended court before & I'm just feeling a bit out of my depth, at the moment!

KeithP

Have a look at this short video:

www.youtube.com/watch?v=n93eoaxhzpU

mukach72

Hi forum,
So, I submitted my DQ and we received a letter from the solicitors going through each point of my defence, describing how each point is flimsy, how much they are in the right and at the end, basically saying how much of the defence looks like a 'cut & paste' job from an external source and to para-phrase, its out of my sphere of knowledge to come up with such nonsensical and irrelevant content. Is this their standard reply to people standing up for themselves?

nosferatu1001

Yes, of course.

If you actually read their "rebuttal" you will usually find theyre still talking !!!!!!!!.
If youre concerned show what theyve put.

Le_Kirk

mukach72 wrote: »

Hi forum,
So, I submitted my DQ and we received a letter from the solicitors going through each point of my defence, describing how each point is flimsy, how much they are in the right and at the end, basically saying how much of the defence looks like a 'cut & paste' job from an external source and to para-phrase, its out of my sphere of knowledge to come up with such nonsensical and irrelevant content. Is this their standard reply to people standing up for themselves?

It does annoy me when solicitors spout this tosh! Do they mean to say that only the very first person to come up with something, i.e. a defence point, can use it because if anybody else does, it is a 'cut & paste' job from an external source? Just because it is copied doesn't make it wrong. If that were true, then what are they doing cutting and pasting their drivel and sending it to defendants?

Coupon-mad

It would have been quicker if you searched the forum for the word nonsensical.

blancswann

Hello, advice needed - I have filed my AOS via the MCOL
Gladstones / HX Car parks are claiming unpaid parking fines for a now total of £241.88
I have the paid parking ticketing in hand showing the last 3 letters of the car registration - they are insisting that because all of the reg was not on the ticket then I am in breach, and they rejected my appeal (no surprise).
I contacted the landowner via email and have an email showing that they agreed with my appeal and would get this cancelled. So I was surprised to then receive another letter from Gladstones a few months later. I then forwarded Gladstones a copy of the email to which they took over a month to decide that the landowner had no right to interject, and requested that I send them evidence of the letter (even though I had already done so!) so I ignored their threats until I got a LBC, which I also ignored, and now I have a Claim form. So I need to set out my defence - Can you advise?

Le_Kirk

It seems you have inadvertently posted on the wrong thread.  If you have one of your own open, just copy and paste your comment into it.  If not you can start your own by clicking on the New Discussion button at the top of the first page.

mukach72

Hi forum,
Its been a long wait with nervousness, worry and much trepidation about our impending hearing but happy to receive form N279 - w3 Notice of Discontinuance from BW Legal. Probably because of the chaos that corona virus is wreaking over our society at present but we held our nerve and are relieved that this sorry saga is over. A small victory for people who don't like to be bullied, threatened or intimidated by crooks.
Thank you to all the knowledgable, sincere folk on the forum who helped us with advice & encouragement, it means an awful lot to us!  Dyakuyu!!