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Secured Loan Repossession - Help needed with Defence / N244 / Counterclaim

Hi,

I have received notice & court papers for a repossession hearing claim from secured loan.

I would like to apply to the court to have this struck out / dismissed without a hearing and would really appreciate any guidance & help in doing this.

I would like to submit this to the court as soon as possible...

Do I need to acknowledge claim first and do I do that online or via post?

I would also like to claim damages against lender - Do I have to ask the court permission to do this on a separate claim, or would I need to file a counterclaim along with my defence statement / application to strike out / dismiss claim?

Would appreciate any assistance drafting a statement if anybody could possibly help with that?

Is there any fee payable to respond to this claim and apply for it to be struck out?

Thank you in advance for any assistance from anybody familiar with court forms & process.
«13

Comments

  • You haven’t given the reasons why you feel their claims are not valid and why it should be thrown out of court.

    That might be a good starting place, then people might be able to help if they think you have a valid defence or not.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    if you feel you have a claim, get a solicitor than asking a bunch of strangers with no info


    As above, why do you think you have a claim? repossessions are not done lightly by lenders, why do you think it is wrong?
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • - Unlawful charges/fees added
    - Harrassment
    - Mis-sold
    - Abuse of court process

    - Counterclaim for damages caused due to above
  • minimike2
    minimike2 Posts: 2,210 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What unlawful charges?
    What harrassment?

    How was it mis-sold? Was it on an advised basis? What were the funds for?

    What abuse of court process?

    You need to be specific here. You are not providing any evidence or story of facts of the matter. I suspect this is because you have buried your head in the sand over the matter and are now only looking to address is now it has come to the crunch.
  • If somebody could answer the questions in original post, that might be helpful
  • RelievedSheff
    RelievedSheff Posts: 12,691 Forumite
    10,000 Posts Sixth Anniversary Name Dropper Photogenic
    There is not enough information in your first post for people to answer your questions.

    You need to provide more details before you can get any useful advice.
  • I didn't ask for advice or opinion on whether I have valid claim or not.

    No further information is required to answer the questions in my original post.

    I can't progress post until those questions are answered first - Which would be helpful for me to decide how to proceed
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Suggest you seek legal advice. You are going to need it if you intend to defend the order in court.
  • Is anyone able to help with what I have asked in original post?

    Not much time to submit court forms so would appreciate. Many Thanks
  • RelievedSheff
    RelievedSheff Posts: 12,691 Forumite
    10,000 Posts Sixth Anniversary Name Dropper Photogenic
    The advice has been given.

    Get legal advice.

    You will need to furnish the solicitors with the full suite of facts not the scant information you have given here.
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