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CCJ_Worries

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  1. Good morning, I received just before Christmas a “Notice of Allocation to the Small Claims Track (Hearing)” letter which states that the “District Judge has considered the statements of the case and allocation questionnaires filed and allocated the claim to the small claims track. The hearing of the claim will take place at 10:00 AM on the 26 March 2012.... Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing and copies of the written statements of themselves and their witnesses (if any) no later than 16 January 2012.” I am a bit confused now, since I entered a defense stating that I couldn't enter a defense as per previous post what I am suppose to do now. As always help is much appreciated.
  2. Hi Andy, Would this be OK. I was surprised at how difficult it was to write this. Any thoughts appreciated. The Claimant has not provided any allegations in his Particulars of Claim dated 15th November 2011 rather it is merely their version of the facts which is inconclusive and factual incorrect in places. The Claimant has stated that they want a refund but has failed to provide the basis on which this is drawn or provide any proof. Due to this I am unable admit or deny any allegations in this defence.
  3. OK thank you Andy. Once I written it would you mind just having a quick read if I post it up before I send it off. Thank you
  4. Sorry to be pain Andy but I don't want to mess it up. I have read the CPR sections suggested, thank you. Having read CPR 16.5 Should I answer each point the claimant has raised in the P.o.C or write a general defence stating that I unable to deny or admit the allergations as CPR 16.5 (1) (B) or something else which I haven't thought of yet. Appreciating your help as always.
  5. Yes. At the top of the page they had written the case details etc but that is the rest of it.
  6. Good morning Andy, here is the full POC. I have just typed it as it was. ON the 25th January .... emailed me about a proposal for ... to build me a website after I mentioned I was wanting one built during a meeting with friends During January December 2010 .... met with me to discuss a website ... could build for and said it would cost £250 On the 1st February 2010 I received an email from .... with a few template idea for the website. I chose a design for .... to work with I received instructions about content and homework that ... would need from me for the website and this process continued over a period time to add detail and pages for the site. I had to register with fasthosts to buy a domain and ... would then use fasthosts to host the domain, or At least that was my understanding. I am not sure of the date when the site when live but I paid ... after a request for payment on the 25th August 2010 then again on the 2nd August, I then transferred the money £250 by BACCS I have the emails to back up these requests. I am not happy with the site as it was slow to load and the look of the site was far from adequate and I wanted a more modern fresher look to the site and I gave ...... examples of sites of other people in my industry. This was on 11/09/10 by email. ... put together a banner and menu which was more to my satisfaction and a basis to get the look that I wanted for my website however, that's where it ended as I had to add my own content and everything else, and ...... blamed my computer skills for not being adept enough to build my site, which was rather shocking as I had paid .... to build the website not do it myself. Anyway my patience had run out so after numerous other emails and txts I decided i wanted a refund so I could use the money towards a professional website builder. I have most of the emails on my computer for the court to see and have printed out some copies enclosed with this outline of events. I feel totally let down and misled by ..... and put my faith and trust in ... only to be badly let down and feel I am absolutely justified to have my money refunded.
  7. Good evening, I received the new POC today which is a page long and contains 10 points. The document is in the main as the claimant puts it an outline of events such as how the process occurred the time frames. The claimant does not include full details of terms as order by the court. I feel fairly confident I can answer each of these points the claimant has raised. What else should I include with my defence? Should I include the fact that the claimant hasn't followed the civil procedure rules i.e not issuing a letter before action, not responing to disclouser request and not sending me a copy of the new POC? Thank you again for any assistance.
  8. Thank you Andy, I managed to speak to the court this morning after being unable to get through yesterday. The claimant has submitted something on the 16th November (a day late, which I did question but the lady said being just a day late they wouldn't do anything about it) which the court is now going to send me a copy of.
  9. Good evening group, I could do with some assistance again. Pretty please. I received this weekend the following from the local county court. "IT IS ORDERED THAT the defendant do file full particulars of his defence at the court office by 4pm on 29 November 2011" I have not recieved from the claimant any information at all never mind the Particulars of Claim of his claim as previous requested when I filled the N149 (post 23 of this thread). What do I do now? Thank you.
  10. Good afternoon, To keep the posted updated in the hope it may become useful to others. After completing the N149 form as suggested by Andy, I received last week a General Form of Judgment or Order from the local county court, it contained the following: IT IS ORDERED THAT 1. The claimant do file and serve by 4 pm on the 15th November 2011 full particulars of the claim to include the date on which the agreement was entered into and full details of the terms. 2. The defendant do file and serve by 4 pm on 29th November 2011 full particulars of his defence. 3. The file be then put back before a District Judge for further directions. One question someone may be able to answer will the particulars of the claim as point 1 be sent to me by the court? Thank you.
  11. Good morning Andy, sorry for the late response life got hectic as it always does. Where you mention dates in point 1 & 2 what shall I put? What is reasonable? Thank you
  12. Good evening board, Thanks to Andy I filled my defence and today I have received a N149 form along with a letter stating that a defence had been filed and the claim has been transferred to the court covering my area. The N149 looks straight forward but just wondered if there is anything I should be putting on it? Should I put in the further information section that the claimant never sent me a LBA or just leave it as it is? Thank you again.
  13. Brilliant Andy I can't thank you enough for your help. Do send this as separate letter with a completed defence and counterclaim form or just write it in the defence part of the form.?
  14. Claim form states amount claimed 270 + court fee 25 total 295. Thank you for your assistance Andy.
  15. POC ... was employed to build a website. However .... failed to build a satisfactory website as instructed. ... did attempt to rebuild the site but the site was just a menu and banner without any other details. ... was suppose to meet ..... during the process and failed to do so on the rebuilding of the website. As .... failed to fulfil his contract ... demanded a refund to go to another website builder. After many requests .... has failed to refund the money. ..... has all the emails corresponding to the website and liaison with .... The claimant claims interest under sec 69 etc
  16. Would this be suitable. Mixed together from a few threads. p { margin-bottom: 0.21cm; }a:link { } In the XXXXXXX county court Claim Number XXXXXXX Between Xxxxxxxxxxx Claimant And Xxxxxxxxxxxxx Defendant Defence 1. I xxxxxx of xxxxxxxxxxxx am the Defendant in this action and make the following statement as my Defence to the claim made by xxxxxxxxxxx. 2. Except where otherwise mentioned in this Defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof. 3. No documents supporting the Particulars of Claim have been offered and despite a request to the Claimant for further information via CPR31.14 dated xxxxx and sent by recorded delivery, none has been forthcoming. The content of such documents that the Claimant will rely on in Court are vital to this case, especially given that I am Litigant in Person, and as a result I cannot plead in defence to the claim. The Defendant is therefore embarrassed.
  17. That's great Andy, thank you for the draft. Yes she is due back on Monday. Being the worrier I am, if they don't come back in time or don't agree can I file for it to be struck off or stayed? I have read this on some other threads but not really sure if it applies or how to do it. Can it be struck off/stayed for not supplying documents or agreeing to a time extension. Sorry for the all the questions.
  18. I called the solicitors this morning as suggested and they said the solicitor dealing with it is on leave but someone would get back to me. If they don't get back to me can I ask the court for time extension or do anything else? Thank you
  19. Thanks Andy Will do. When you say email request to ccbc is that the request for time extension? Thank you
  20. Hello everyone. I have been reading this forum for a few weeks after receiving paper work from Northampton County Court. I have aknowledged the papers then following advice on this thread I wrote requesting documents and also requesting a time extension from the solicitors. Over 12 days have passed since I sent the letter I have heard nothing from them. Could someone please tell me what to do now? Thanks
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