Thanks Andy.

I don't want to be facing extra costs if I can help it and the court papers say that I can defend later than the initial 14 days or even at the hearing but I may be charged court costs for the delay. I'm still deciding what to do for the best.

However, if I complete the defence form, how much information do I have to give regarding my defence and counterclaim? There's not much space on the form to put in my full defence and claim. Can I just put a few words (eg: Landlord in breach of ****) and then explain fully at the hearing?

One more thing, this should be thrown out on just the Section 8 being on the wrong form so could I just put this as my defence but if the judge disagrees at the hearing can I then put forward my counterclaim?

Attach a separate sheet

Thanks and what about this?:-

"One more thing, this should be thrown out on just the Section 8 being on the wrong form so could I just put this as my defence but if the judge disagrees at the hearing can I then put forward my counterclaim?"

Judge will prob decide that without you drawing his attention to it.

Another reason for putting your case at the hearing.

If you don't attend, LL will prob get a default judgement against you.

Just a quick question requiring a quick answer please.....

Can I just turn up at the hearing and orally put in my defence or will I still have to fill in and hand over the defence form?

All evidence and statements must be submitted/served at least 7 days pre hearing....you cant ambush another party in litigation

Hi Andy, I'm sorry I don't understand.

The defence form notes say that the court will accept defence at any time before or even at the hearing and I have heard of tenants not submitting their defence before the hearing but just turning up at court on the day.

it seems acceptable to the courts to defend on the day but I was just wondering if I can defend verbally or do I still have to submit the defence form at the hearing for my defence to be considered?

Okay if that what it states.....not normal procedure in money claims.

I would expect it would be better to draft a defence than try to remember it mentally on the day

Thanks Andy.

I already have my notes written up but they are not in a fit state to hand over to the judge which is why I wondered if the judge will accept a verbal defence.

Its your choice.... for the sake of spending an hour or so drafting it out logically and presenting it professionally and also if you are relying on any evidence...(documents) you cant present them " orally "

In a nutshell, I have not managed to disclose all my documents by the date required (due to ill health) so the claimant is now threatening to apply to strike out my counterclaim.

Where does this leave me? Is it worth disclosing the remaining documents or not?

If the strike out is successful, will I be able to appeal or will I get a CCJ automatically?

This is is a fast track claim and I am representing myself.

what the claim all about please...

The claimant is my ex-landlord claiming rent arrears and I’m counterclaiming for a myriad of things.

Threads merged to existing thread..please do not start new threads on the same issue.

Regards

Andy

How is the claimant threatening ? Have they made an application to strike out ?

What date should you have exchanged statements/ made disclosure ?

Andy

Disclosure should have been made 24th December and I have disclosed a lump of docs but now their solicitor has emailed to say they will be seeking instruction to apply to strike out because I have not met the disclosure deadline.

I assume you have retained proof you have disclosed by date....?

Yes I have

have you got the documents referred to?

If so send them to court and the claimant (sols).

the application to strike out would apply to your counterclaim so there would still need to be a hearing regarding the origianl claim for rent arrears.

It is unlikely a judge would summarily strike out your counterclaim when you have served some of the paperwork.

It may be that they decide anything else becomes inadmissible so hopefully you have provided enough to show a cause, even if you havent handed over everything.

I also note that the sols say they are seeking an instruction to APPLY for a strike out.

That will not be forthcoming if the court decides it wants the full £255 fee if it appears to them that you ahve tried to comply with an order.

Your ex-LL wont want to chuck that money away at this stage.

Block their emails so they bounce back.

That way they ahve to use pen and paper and everything will either go to the court as well or it doesnt exist

Which documents do you mean by "have you got the documents referred to?".......the ones that I have already sent or the ones I haven't yet sent?

If the Sols make an application, do I have chance to appeal on the grounds that I have sent a disclosure list but due to ill health I've been incapable of sending them all by the deadline?

If the Sols make the application and win, do they get the £225 fee back? If so, I guess they will risk it.

I can instruct my doc to sit

if it does is a totally diff matter.

this is fast track, so what date is the hearing?

you need to bring us upto speed on what has happened since sept 2017 to yesterday

not just a random question.

Ha ha yes I know, none of us have a crystal ball but I was just thinking along the lines of "what if"!

All that's happened since Sept 2017 is that LL got his possession order but the judge allowed me to defend and counterclaim the Section 8.

Now the fast track hearing is set for April.

just type no need to hit reply with quotes we know what we have said...

so who dictated the docs must be exchanged so far ahead of the hearing, the judges orders and when?

Judges orders in November 2018

Ok, so the claimant has applied to have my counterclaim struck out and the court has granted them a hearing for this.

I have received a “Notice of hearing of Application”. So because it doesn’t state “Summons” do I have to attend this hearing?

A previous application for strike out made by the Claimant also had a hearing which I attended but was not called into the court room for some reason so, even though I was there and booked in by the Usher, it was on record as non-attendance, even though the Claimants advocate was aware I attended. However, no black mark went against me for allegedly not turning up and the Strike Out was dismissed. This was before any trial date was set for the counterclaim.

I understand that not attending this next hearing could go against me but would the Court accept a written statement from me to defend the strike out application?