CST Law case - Judgement made

lurpdog101

Le_Kirk said:

As @Coupon-mad writes, just defend using the @hharry100 defence for sparse particulars. Make sure you do the AOS 5 days after the issue date to buy yourself maximum time available.

thanks, 5 days has gone though. Only received this today and noticed it was issued on the 22nd, so 6 days gone before I even had the chance! But I will be reviewing the defence and have copied the template letter to word, so I can start to amend the bits needed. I am very confused with it all though, but trying to get my head around it, as I am not paying £1702 more than what the £8 of original charges.

KeithP

With a Claim Issue Date of 22nd December, you have until Wednesday 10th January to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 24th January 2024 to file your Defence.

That's almost 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 guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

KeithP

I wonder why the Particulars state...

They seem to be making a rather rash assumption that the Defendant was driving.

lurpdog101

KeithP said:

I wonder why the Particulars state...

They seem to be making a rather rash assumption that the Defendant was driving.

Exactly. The defendent wasn't driving. Even told them that in appeal last year.

Coupon-mad

Then deny that in your paragraph 4 underneath the CEL v Chan transcript images.  And add that the Claimant knows from the appeal in 2022 that the D was not driving and also knows that they cannot hold a registered keeper liable because this Claimant did not use the keeper liability provisions in the Protection of Freedoms Act 2012, Schedule 4.  Thus this claim is an abuse and the statement in the POC is untrue.

lurpdog101

thank you. AOS has been completed and I will start on the defence today, as per newbies thread. I know I will need help, as this will stress me no end. A CCJ will literally stop me progressing in my career as well as fact had been working towards a remortgage....I will do everything and hope that it does not come to that. Even if they lowered it to the £65 max per occasion, but am sure they refused that last time too, I need to go back and check through my documents to ensure got copy of the appeal still  

Le_Kirk

lurpdog101 said:

Le_Kirk said:

As @Coupon-mad writes, just defend using the @hharry100 defence for sparse particulars. Make sure you do the AOS 5 days after the issue date to buy yourself maximum time available.

thanks, 5 days has gone though. Only received this today and noticed it was issued on the 22nd, so 6 days gone before I even had the chance! 

That's OK, the idea is not to complete the AoS too early as it deprives you of some (couple of days) extra time for compiling the defence.

KeithP

lurpdog101 said:

A CCJ will literally stop me progressing in my career as well as fact had been working towards a remortgage....

Of course you may be right, but do you actually know what a CCJ is and when it becomes effective?

If your career depends on it, it might be an idea to find out the facts.

You have to lose a court case and fail to pay the amount awarded within the timescale allowed before there is any lasting County Court Judgment.

lurpdog101

KeithP said:

lurpdog101 said:

A CCJ will literally stop me progressing in my career as well as fact had been working towards a remortgage....

Of course you may be right, but do you actually know what a CCJ is and when it becomes effective?

If your career depends on it, it might be an idea to find out the facts.

You have to lose a court case and fail to pay the amount awarded within the timescale allowed before there is any lasting County Court Judgment.

yeah, had one few years back. Unfortunately if I lose this case, which I hope not to, there would be no way I could pay £1700 in 30 days for it not to be counted. I was just giving my worries and stresses being imposed by this unscrupulous people.

Coupon-mad

Have you shown us both sides of the original postal NTK?  What I was getting at with your defence draft, is that I think it's non-POFA in wording.  In which case YOU CAN'T LOSE.

Show us the NTKs. Cover your data but NOT dates.