Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder Cambio1 Novitiate

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    Default Draft defence HELP please - SET ASIDE SUCCESSFUL

    Hi all, sorry to trouble you again.

    Good news is that the CCJ against me has been set asideicon....

    Bad news is that the claimants have until september to re-instate the case if they can find the info iv requested.

    The Confusing news - the judge refused the claimants request for costs but they said it was a bit unfair that I had not handed in a preliminary defence (which I thought I had - ststing that there was no documentation or proof to support their claim).
    So.....the judge has given me 3 weeks to hand in a draft/preliminary defence. Problem is the only documents I have from the claimant are those pertaining to the hearing to set aside.

    Since I never received the POCicon in the first place I feel like im trying to defend against thin air. I tried to point out that I find this an almost indefensable position as I am unsure to what i am writing a defence to.

    As far as I can tell I need to do tthe following but am unsure if this is the right thing to do, Any comments or assisstance would be greatkly appreciated.

    - "Draft order for Directions" ie- all the documents, CCA, Notices/Deeds of assignment/default and of course.....the POC (this is the stickler)
    -"Draft defence" - this is the most confusing aspect for me. Most defences I have looked at are in response to some POC......which I have never received and so surely I need a copy of that before hand.??? advice pls
    - "N150 Allocation questionaire" - only seen a couple of examples and not sure if its relevant to this case but from what iv read of them they seem to help clear up confusion and allow for the case to be switched to small claimsicon/fast track.

    Still new to this but trying my best, lol. My previous threads have been long winded (generally written in a state of stress) so I am trying to be as concise as possible this time. A lot of info on the case can be seen in my previous threads, though they were posted with regards to setting aside the aforesaid CCJ.

    What I think I understand is that the Judge has asked for the defence i WOULD HAVE made if id been around for the original claim.

    What I dont understand is how Im supposed to do this when he knows I never received the original POC...??

    I have 3 weeks to hand this in, and then the claimants have until september to reinstate the claim. What i dont want to do is give them a defence which tells them everything (without an omission on my part which could get me into trouble) so they can fit a claim around it.

    What is worrying me is that I only have 3 weeks.......but SARicon etc can takke up to 40 days.

    Iv taken some holidayicon from work so will be trying to get this sorted in the next week or so.

    Any advice is welcome. Thanks


  2. #2
    Basic Account Holder gordies Novitiate

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    Default Re: Draft defence HELP please - SET ASIDE SUCCESSFUL

    Your first port of call is the Court.

    You must be sent a POCicon otherwise you have nothing to defend.

    Get on to the Court now and tell them you have never received the POC.


  3. #3
    Basic Account Holder Cambio1 Novitiate

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    Default Re: Draft defence HELP please - SET ASIDE SUCCESSFUL

    Thank you for the speedy reply. I tried to say that to the judge and he just said "be that as it may".

    will call them now.


  4. #4
    Basic Account Holder Cambio1 Novitiate

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    Default Re: Draft defence HELP please - SET ASIDE SUCCESSFUL

    ok......just called the court and the lady informed me over the phone that she cant locate a claim formicon or any POCicon.
    She advised that I call the claimants and request they send me the POC........however, whats the likelyhood of the claimants simply saying that they never received a call requesting the POC?

    Is this an example of when the draft order can be used? and Am I allowed to make one or would it need to be made by the judge?



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