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Opinions on my defence

13567

Comments

  • Fruitcake
    Fruitcake Posts: 59,465 Forumite
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    Don't use the form from the claimant. It is likely part filled out with information to your detriment.

    You can wait as long as you don't miss any deadlines to submit, but there is no reason why you can't download one from the web.

    Remember, no to mediation, but you now need to quote a reason why not. Normally people say something along the lines that they are a litigant in person whereas the claimant will use legally qualified solicitors or barristers, and not being able to challenge what they say will seriously disadvantage you.
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  • Coupon-mad
    Coupon-mad Posts: 152,842 Forumite
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    This is all covered already in the first post if the Template Defence announcement thread.  The first 12 steps are covered in detail.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • carbon8
    carbon8 Posts: 36 Forumite
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    Brilliant thanks for the help! I don't think this was referring to mediation yet, at least it was not worded like that - it just said if i wanted to settle I must contact them within 7 days.

    Ill have another read of the Template Defence thread, it was a few weeks ago I read it all when this started :neutral:

  • KeithP
    KeithP Posts: 41,296 Forumite
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    carbon8 said:
    I have just received an N180 from the Paring Company's solicitors, but the court have not sent me one out yet. Should I jump the gun and try to find the blank form online or just wait for the court to send me one? Cheers! C8
    carbon8 said:
    Also, they have said that the client may be prepared to settle the case, I am assuming this is not a route to take?
    And as already mentioned, that checklist you were following offers guidance where it says...


  • carbon8
    carbon8 Posts: 36 Forumite
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    Thanks @KeithP great to have the reassurance!
  • carbon8
    carbon8 Posts: 36 Forumite
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    Hi!

    I have not received a request for a witness statement, so I have come back to read the advice and found that @Coupon-mad pointed to this example as being a good one, which it is! One question I have is, the guy who wrote this refers a lot to the evidence submitted by the Claimant, but I have not yet seen my Claimant's evidence to pick it apart. Will I get to see that before I have to submit my witness statement? I had assumed we would both have to submit it all on the same date?
  • Le_Kirk
    Le_Kirk Posts: 24,702 Forumite
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    The claimant has the same deadline as you for submitting WS to the court and to you.  It is like a game of poker to see who blinks first.  If you wait until close to the deadline you MAY receive their WS in time to pick it apart but do NOT miss the deadline for filing and serving.
  • Coupon-mad
    Coupon-mad Posts: 152,842 Forumite
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    Obviously any example needs adapting and you can't copy the stuff about a WS you haven't had.
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  • carbon8
    carbon8 Posts: 36 Forumite
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    Thanks, If I do submit my witness statement and then later I see theirs, can I then amend my own?
  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
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    carbon8 said:
    Thanks, If I do submit my witness statement and then later I see theirs, can I then amend my own?
    If it's critical, rather than trivial, then you can issue a Supplementary WS, but Judges don't like Supplementary WS ping pong between you and the Claimant. The Claimant too has the option to issue Supplementaries. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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