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Court Defence advice please

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    The cpr s can be easily found online , using Google , try the government website
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Nearly everything you will ever need to know, ever, can be found by using a search engine.
    You never know how far you can go until you go too far.
  • bob5678
    bob5678 Posts: 60 Forumite
    10 Posts Name Dropper
    Hello - an update:

    I have until June 28th to submit evidence

    The claimants legal team sent me a letter. They included this paragraph which I thought might interest you here at the forum:

    "In respect of the contents of your Defence, it is apparent that a large amount of the information contained therein has simply been 'copied and pasted' from an external source, which we see on a regular basis. Large portions of your Defence are nonsensical and, in consideration of the circumstances of this individual matter, are entirely irrelevant and therefore unreasonable. We reserve the right to highlight this to the court on the issue of costs."

    Since I am sure paragraphs from legal texts regularly get copied and pasted from place to place in any court case (because why would you rewrite something that is already well written?), this strikes me as an attempt on their part to try to bully and scare me? But I don't know since I'm not a legal expert.

    I'm working on the evidence at the moment.
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
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    You do not need to be "learned in the law" to know that there is absolutely nothing wrong with using the internet to help with a defence.  .  Tell them that you resent their  accusation and will be informing the judge of their temerity in raising this matter.  
    You never know how far you can go until you go too far.
  • bob5678
    bob5678 Posts: 60 Forumite
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    D_P_Dance said:
    You do not need to be "learned in the law" to know that there is absolutely nothing wrong with using the internet to help with a defence.  .  Tell them that you resent their  accusation and will be informing the judge of their temerity in raising this matter.  
    Thanks - you're confirming what I thought
    do you think I should actually write to them to say that? And how would I inform the judge of this - during the hearing? Or as a part of the evidence?
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
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    Yes to all
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    edited 22 June 2021 at 9:35PM
    bob5678 said:
    D_P_Dance said:
    You do not need to be "learned in the law" to know that there is absolutely nothing wrong with using the internet to help with a defence.  .  Tell them that you resent their  accusation and will be informing the judge of their temerity in raising this matter.  
    Thanks - you're confirming what I thought
    do you think I should actually write to them to say that? And how would I inform the judge of this - during the hearing? Or as a part of the evidence?
    No, don't waste time writing, you are not at that stage, you are at WS stage; so just mention it in your WS, like everyone else does who get that standard wording that we've seen hundreds of times. 

    The most recent good example of a draft WS and evidence is the one posted by @jrhys so use and adapt that and show us your draft version for comments.


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  • bob5678
    bob5678 Posts: 60 Forumite
    10 Posts Name Dropper
    bob5678 said:
    D_P_Dance said:
    You do not need to be "learned in the law" to know that there is absolutely nothing wrong with using the internet to help with a defence.  .  Tell them that you resent their  accusation and will be informing the judge of their temerity in raising this matter.  
    Thanks - you're confirming what I thought
    do you think I should actually write to them to say that? And how would I inform the judge of this - during the hearing? Or as a part of the evidence?
    No, don't waste time writing, you are not at that stage, you are at WS stage; so just mention it in your WS, like everyone else does who get that standard wording that we've seen hundreds of times. 

    The most recent good example of a draft WS and evidence is the one posted by @jrhys so use and adapt that and show us your draft version for comments.


    Thank you I will check that out and will post a draft asap
  • bob5678
    bob5678 Posts: 60 Forumite
    10 Posts Name Dropper
    Just received the evidence pack from claimants solicitor. 49 page document. They refer to this forum and to this thread - again saying that because I am not a legal expert that the case is "time-wasting" etc. 

    Not sure if it's good to post a draft of my evidence here given that they are obviously reading everything. But then will be sending them the evidence anyway?

  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They can say what they like, the only thing that matters is what a judge says,  If you feel that they are threatening or disparaging you complain to the SRA.

    https://www.lawsociety.org.uk/en/public/for-public-visitors/using-a-solicitor/complain-about-a-solicitor
    You never know how far you can go until you go too far.
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