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Claim form received. Help needed

aso2007
aso2007 Posts: 51 Forumite
Part of the Furniture 10 Posts Name Dropper Combo Breaker
Hi 

I am preparing my defence and for this, I am using the new template (thanks coupon-mad) but I definitely need some help as I am new to this. I will put my first draft here when it is all done.

I appreciate your precious time and help

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Comments

  • Le_Kirk
    Le_Kirk Posts: 25,232 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Have you submitted your AOS?  Info on how to do this is in the NEWBIE sticky second post via drop box link.
    9- 22nd October: issue date of the claim form

    If that is the date of issue of the claim form, then @KeithP will be along to give you some deadlines.  Don't submit the AOS until you see a post from @KeithP.

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 26 October 2020 at 2:03PM
    Everyone finds it stressful who comes here , hundreds of stressful threads , but none of that will help !!
    Leave the AOS until later this week , perhaps Friday !

    Use the new template from last week , amending the couple of paragraphs as required , mentioning that the defendant was not the driver etc

    Post the amended paragraphs below for critique , because everyone needs help with this !
  • aso2007
    aso2007 Posts: 51 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Le_Kirk said:
    Have you submitted your AOS?  Info on how to do this is in the NEWBIE sticky second post via drop box link.
    9- 22nd October: issue date of the claim form

    If that is the date of issue of the claim form, then @KeithP will be along to give you some deadlines.  Don't submit the AOS until you see a post from @KeithP.

    No, I have not yet submitted AOS. I have read the newbies post by KeithP which suggested 5 days so I am planning to submit it tomorrow 27th October.
  • aso2007
    aso2007 Posts: 51 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    KeithP said:
    aso2007 said:
     22nd October: issue date of the claim form (in the county court business centre).

    As @Le_Kirk predicted...



    With a Claim Issue Date of 22nd October, you have until Tuesday 10th November to file an Acknowledgment of Service. If possible, do not file an AoS before 28th October, but otherwise, there is nothing to be gained by delaying it. 
    To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

    Having filed an AoS, you have until 4pm on Tuesday 24th November 2020 to file your Defence.
    That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.
    To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.
    Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

    As I mentioned in my first post, shall I include that I had not received the first two letters that were sent to me? or shall I just focus on the abuse of process and the other points mentioned in the template?
    This is genuinely true although I know it is very unlikely to miss two letters especially when the address is correct. 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    aso2007 said:
    Le_Kirk said:
    Have you submitted your AOS?  Info on how to do this is in the NEWBIE sticky second post via drop box link.
    9- 22nd October: issue date of the claim form

    If that is the date of issue of the claim form, then @KeithP will be along to give you some deadlines.  Don't submit the AOS until you see a post from @KeithP.

    No, I have not yet submitted AOS. I have read the newbies post by KeithP which suggested 5 days so I am planning to submit it tomorrow 27th October.
    I'd leave it another day if I were you - not before 28th.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    As above , better to be later , not sooner , sooner is too soon , get with the program
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 26 October 2020 at 3:14PM
    aso2007 said:
    KeithP said:
    aso2007 said:
     22nd October: issue date of the claim form (in the county court business centre).

    As @Le_Kirk predicted...



    With a Claim Issue Date of 22nd October, you have until Tuesday 10th November to file an Acknowledgment of Service. If possible, do not file an AoS before 28th October, but otherwise, there is nothing to be gained by delaying it. 
    To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

    Having filed an AoS, you have until 4pm on Tuesday 24th November 2020 to file your Defence.
    That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.
    To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.
    Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

    As I mentioned in my first post, shall I include that I had not received the first two letters that were sent to me? or shall I just focus on the abuse of process and the other points mentioned in the template?
    This is genuinely true although I know it is very unlikely to miss two letters especially when the address is correct. 
    Your witness statement isn't required for months , just state in your defence that some alleged correspondence never arrived
  • Le_Kirk
    Le_Kirk Posts: 25,232 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 26 October 2020 at 3:59PM
    aso2007 said:
    KeithP said:
    aso2007 said:
     22nd October: issue date of the claim form (in the county court business centre).

    As @Le_Kirk predicted...
    With a Claim Issue Date of 22nd October, you have until Tuesday 10th November to file an Acknowledgment of Service. If possible, do not file an AoS before 28th October, but otherwise, there is nothing to be gained by delaying it. 
    To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.
    Having filed an AoS, you have until 4pm on Tuesday 24th November 2020 to file your Defence.
    That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.
    To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.
    Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.
    As I mentioned in my first post, shall I include that I had not received the first two letters that were sent to me? or shall I just focus on the abuse of process and the other points mentioned in the template?
    This is genuinely true although I know it is very unlikely to miss two letters especially when the address is correct. 
    Don't focus on the Abuse of Process as that is not your main (or any other) defence point.  It is a way of reducing the amount of costs should you lose.  Are you using the latest defence template here 26 February at 4:37PM <<<<< LINK
    edited 23 October at 6:16PM
  • aso2007
    aso2007 Posts: 51 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    AOS submitted today.
    Now I need to work on my defence letter.
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