Ignoring letters - acknowledge?

beamerguy

Mendop6 wrote: »

Wait, on this mystery £60 charge, should mention of Abuse of Process, be used in the defence? Or keep it up your sleave and wait use this in the witness statement which comes later?

You put this in your statement.

It's already written for you thanks to coupon-mad, just copy the text

POST # 14
https://forums.moneysavingexpert.com/discussion/6014081

Spetznaz7

beamerguy wrote: »

You put this in your statement.

It's already written for you thanks to coupon-mad, just copy the text

POST # 14
/forums.moneysavingexpert.com/showthread.php?t=6014081lrl]

Ok, so do NOT put it in the defence?

Or at least, mention it but not going to the length and detail given in post #14 from that thread? (Which is very helpful thanks)

Fruitcake

Complain to the court first about the abuse of process, quoting the other cases, and ask for your case to be struck out, but also include it in your defence and witness statement as already advised.

Spetznaz7

I have a couple of final questions about my defence and would be eternally grateful for input.

First is, the 28 + 5 days allowed from the 'date of service'..... Is this calendar days or does it take working days / Bank holidays etc into account?

Also, how long is too long for a defence?

I've drafted one which needs to be in very soon, and I've redrafted and re-read, so am pretty happy with it now.

However, it is 5 pages long nearly - That's using size 12 Times New Roman Font and sufficient spacing to look professional.

I know it's not one size fits all but has anyone any experience of having/ seeing a claim of this size and it being ok / not an issue for the Judge / successful?

KeithP

In post #2 and post #4 above you were asked for your Claim Issue Date.

If you supply that, a lot of your other questions will be answered.

Spetznaz7

Cool, 22 July.

KeithP

Mendop6 wrote: »

Cool, 22 July.

Yesterday you wrote:

The claim has been acknowledged just now on the MCOL site...

What does "just now" mean?

Check the Claim History on MCOL and confirm the Acknowledgement of Service has been accepted. The Claimant has been free to seek a Default Judgment against you since 12th August.


With a Claim Issue Date of 22nd July, and if the AoS has been accepted, you have until 4pm on Tuesday 27th August 2019 to file your Defence.


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 [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.

Spetznaz7

Thanks very much.

Sorry, I should have clarified, I actually have two separate claims against me, having received another the other day. I started the thread the other day regarding the new one but was also hoping to use the advice for the older one I now know needs to be in Tuesday which I was panicking about.

KeithP

Just to add:

If the Acknowledgement of Service has not been accepted, then your target now is to file your Defence before the Claimant seeks a Default Judgment. In other words, file your Defence as soon as possible... if not sooner.

Spetznaz7

"With a Claim Issue Date of 22nd July, and if the AoS has been accepted, you have until 4pm on Tuesday 27th August 2019 to file your Defence."

Isn't that 35/36 days after 22/07?


I thought its 28 days from the date of issue, plus an additional 5 days, so 33 days?