I think I've messed up my defense is it too late.??

Melabear

Not_A_Hope said:

Some solicitors like to pressurise and frighten people into paying. Sending a copy of their N180 to you is just part of the process. You can either wait for the court to send you one to complete or download one. I would wait as I think there are two versions where in some trial areas people are being asked an extra question about the mediation.

The more you read in the Newbies thread the more you will understand.

Thank you for your help! I've now received a letter?

KeithP

Melabear said:

i have received this letter? Do I still wait for the questionnaire to come through? Not received one yet.

The CCBC has sent you a letter saying the Claimant has twenty eight days to consider your Defence.

What you don't know is when the CCBC sent a copy of your Defence to the Claimant. 

It follows from that that it is not known when the Claimant has to respond to the CCBC. 

Further, we don't know what delays there are in the CCBC that means they don't send you a Directions Questionnaire as promptly as you might like.

Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back to the CCBC, remembering to send a copy to the Claimant of course?

Fruitcake

Please be specific. If you have received a letter, please tell us what it is because it could be from your maiden aunt for all we know and putting a question mark at the end makes it confusing.

If you have received the N180 from the court, then use that. If not, you can download one whenever you like and send that off. Never use a N180 supplied by the claimant.
Look at the thread by Grizebeck where the new version of the N180 is discussed. As well as saying no to mediation, you now have to give a reason why not.

Your defence isn't brilliant, but it is honest and therefore it isn't a disaster, and you can expand on it at the witness statement stage.

Have a look at the Jopson vs Homeguard case where the judge said that attending to a vicissitude of some small duration is not parking. The case number is B9GF0A9E, and the transcript is available online. The relevant judge's comments are around paragraph 19 and 20. Note that this was an appeal case so is persuasive on the lower courts.

You may need a little cunning in how you introduce this into your WS as you are not permitted to add new evidence, but fairness must be considered as stated in the Consumer Rights Act 2015, and it must be considered even if not previously brought to the attention of the court.
This part of the CRA is most important with regard to the fake add-ons the claimant will have included.

If you are struggling with abbreviations and acronyms, I suggest you print off or write out the list you will find in the fifth post of the NEWBIES.

In addition, you should be following the guide to court written by bargepole that you will find in the second post of the NEWBIES, and the twelve-step guide in the Defence Template thread.

Melabear

KeithP said:

Melabear said:

i have received this letter? Do I still wait for the questionnaire to come through? Not received one yet.

Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back to the CCBC, remembering to send a copy to the Claimant of course?

I cannot log into the Mcol website. I rang the court and they said I could email the court directly so that's how I've entered my defense. Shall I ring and ask for their DQ or just wait for them to email it to me?

Melabear

Fruitcake said:

Please be specific. If you have received a letter, please tell us what it is because it could be from your maiden aunt for all we know and putting a question mark at the end makes it confusing.

If you have received the N180 from the court, then use that. If not, you can download one whenever you like and send that off. Never use a N180 supplied by the claimant.
Look at the thread by Grizebeck where the new version of the N180 is discussed. As well as saying no to mediation, you now have to give a reason why not.

You defence isn't brilliant, but it is honest and therefore it isn't a disaster, and you can expand on it at the witness statement stage.

Have a look at the Jopson vs Homeguard case where the judge said that attending to a vicissitude of some small duration is not parking. The case number is B9GF0A9E, and the transcript is available online. The relevant judge's comments are around paragraph 19 and 20. Note that this was an appeal case so is persuasive on the lower courts.

You may need a little cunning in how you introduce this into your WS as you are not permitted to add new evidence, but fairness must be considered as stated in the Consumer Rights Act 2015, and it must be considered even if not previously brought to the attention of the court.
This part of the CRA is most important with regard to the fake add-ons the claimant will have included.

If you are struggling with abbreviations and acronyms, I suggest you print off or write out the list you will find in the fifth post of the NEWBIES.

In addition, you should be following the guide to court written by bargepole that you will find in the second post of the NEWBIES, and the twelve-step guide in the Defence Template thread.

I have posted a picture of the letter I received. I put a question mark because I wasn't sure if anyone would receive a notification if I just commented on the thread without quoting. Sorry I'm new. 

What is my reason why not? Do I type that the questionnaire?

I have not responded to the claimant email with their questionnaire, should I have?

I got told to email them directly and ask them to drop it, should I do this? I got told the likelihood would be that they say no but apparently people go back and forth doing this and don't go to court? But I think I'm passed that?

Thank you I will go and read them. The two pictures on the fine are 8 seconds apart too!

Coupon-mad

They won't drop it now. Wait for your DQ.

Look at the thread by @Grizebeck from June, where the new version of the N180 is discussed and how to answer the new questions.

 The two pictures on the fine are 8 seconds apart too!

Wow!

Melabear

Ha I drove past today and one of the signs was facing into the road adjacent to the car park not actually the car park (car park not even accessible from that road) and they turned it so it's facing into the car park again!

Melabear

Coupon-mad said:

They won't drop it now. Wait for your DQ.

Look at the thread by @Grizebeck from June, where the new version of the N180 is discussed and how to answer the new questions.

 The two pictures on the fine are 8 seconds apart too!

Wow!

How long does it usually take? Still waiting 

Grizebeck

Melabear said:

Coupon-mad said:

They won't drop it now. Wait for your DQ.

Look at the thread by @Grizebeck from June, where the new version of the N180 is discussed and how to answer the new questions.

 The two pictures on the fine are 8 seconds apart too!

Wow!

How long does it usually take? Still waiting 

It doesnt matter . Weeks or months
You dont wait. You just get on with your life until it arrives

Melabear

I've now received my DQ by post and not email. I'll have to download a copy and email it back to them as I'm not posting stuff. I've got til the 17th to fill it in