Buggeration - 3 hours to file a defence!
Discussion
For whatever reason, I've got just 3 hours to complete a defence and submit it for a MoneyClaim Online case.
I know the facts, but I'm struggling to find how I should top and tail the document, and whether I should include supporting documents or not.
Its a "new"version of the MCOL system, and the claimant has 2 Reasons for the Claim and then a Timeline.
I agree 1 of the reasons, deny the other completely, and deny his timeline, so I've made those statements right at the beginning of the Defence:
1. Items 3.1 in the Reason for Claim is denied.
2. Item 3.2 in the Reason for Claim is admitted.
3. The timeline detailed in the Claim is denied.
Then I go on to my version of the timeline and facts, including details of correspondence, photos, valuations etc... so my question is do I start the document with something like this :
IN THE COUNTY COURT BUSINESS CENTRE CLAIM NO. CF123
BETWEEN
Nasty Person
Claimant
and
Joe Bloggs
Defendant
DEFENCE
and then finish it with a formal declaration of truth, like this:
“I believe that the facts stated in this Defence Statement are true."
Signed
Dated
And finally, do I reference and attach supporting documentation - the Claimant hasn't attached anything, but the forms reference "numerous emails and letters".
I know the facts, but I'm struggling to find how I should top and tail the document, and whether I should include supporting documents or not.
Its a "new"version of the MCOL system, and the claimant has 2 Reasons for the Claim and then a Timeline.
I agree 1 of the reasons, deny the other completely, and deny his timeline, so I've made those statements right at the beginning of the Defence:
1. Items 3.1 in the Reason for Claim is denied.
2. Item 3.2 in the Reason for Claim is admitted.
3. The timeline detailed in the Claim is denied.
Then I go on to my version of the timeline and facts, including details of correspondence, photos, valuations etc... so my question is do I start the document with something like this :
IN THE COUNTY COURT BUSINESS CENTRE CLAIM NO. CF123
BETWEEN
Nasty Person
Claimant
and
Joe Bloggs
Defendant
DEFENCE
and then finish it with a formal declaration of truth, like this:
“I believe that the facts stated in this Defence Statement are true."
Signed
Dated
And finally, do I reference and attach supporting documentation - the Claimant hasn't attached anything, but the forms reference "numerous emails and letters".
Bang in your Defence as it is. Possibly flesh it out slightly with why you do not admit certain parts of his claim and your own version of events.
I wouldn't bother with appending documents at this stage. You can refer to those docs and attach them to your witness statement at a later date. Your witness statement should contain a lot more details than your Defence anyway.
I wouldn't bother with appending documents at this stage. You can refer to those docs and attach them to your witness statement at a later date. Your witness statement should contain a lot more details than your Defence anyway.
Too late to comment now I guess, but that reads more like a Witness Statement than a Defence.
If you're doing this online, you need only respond to the Particulars of Claim with a bulleted list of points you either agree with or dispute, and you simply list the evidence you're likely to rely on, in general terms - e.g. "Text messages", "Photographs of XYZ", etc. This doesn't have to be definitive, as the Witness Statement is where you do the heavy lifting, if it gets that far.
Make sure you agree to mediation.
If you're doing this online, you need only respond to the Particulars of Claim with a bulleted list of points you either agree with or dispute, and you simply list the evidence you're likely to rely on, in general terms - e.g. "Text messages", "Photographs of XYZ", etc. This doesn't have to be definitive, as the Witness Statement is where you do the heavy lifting, if it gets that far.
Make sure you agree to mediation.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff