Received Claim Form

Dressler

Been reading about on the forum for the last few days and trying to get myself up to speed on all this.

Received a Claim Form a couple days ago for a few invoices, and unaware of until this stage. The particulars of claim have the £60 added for each and are very vague. This will be disputed and will be going to the landowner as whilst the car was parked up (its a block of flats with the car park is used by residents with a permit) someone broke into it and stole the permit. This wasn't noticed till a later date when the car was scrapped. And at the time there wasn't much thought put into as just wanted it gone and was struggling with personal circumstances. There was a valid permit issued as a resident.

shortly going to submit the AoS saying that it will be defended

I think I'm right in thinking the first step is a SAR to request details as none are held? Drafting a defense do I add in the situation or is that saved for witness statement?

Thanks all for the help you do for people in this situation, wouldn't have had a clue where to start otherwise.

KeithP

Hi and welcome.

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Dressler

Hi Keith, issue date is 17/7/19 from Northampton County Court Business Centre

KeithP

Dressler wrote: »

Hi Keith, issue date is 17/7/19 from Northampton County Court Business Centre

With a Claim Issue Date of 17th July, you have until Monday 5th August to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 19th August 2019 to file your Defence.

That's over four weeks away. Loads of time to produce a perfect Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Coupon-mad

Drafting a defense do I add in the situation or is that saved for witness statement?

You add the facts into a standard residential defence like this one from earlier today:

https://forums.moneysavingexpert.com/discussion/comment/76062926#Comment_76062926

You need to tip the balance in favour of your primacy of contract, not the permit issue.

Dressler

Thank you Coupon-mad, that helps no end! a defence will be drafted up.