hi i,m new and dont know where to start

[woodpecker1]

hi can any body help me .i have been sent a county court claim and i need help on how to write a letter for defence and also how to go about counterclaiming . the basics are . i owe the claiment £1000 i dont dispute that even though there was never any agreement its the way he has gone about bringing this case in his wording of the claim .his letters prior seem to be correct in the way he has gone about it , as alot of people in this world know anger is not the way to solve a dispute , but that is what brought this about in the first place ( the anger was not on my side but his ) i am now having to fight my corner couterclaiming £1850 for work i have carried out for the claiment that i never invoiced for at the time (stupid i know but i had trusted the person at the time of doing this work ). now i dont know how to start this letter to the court for the defence and the counterclaim (is it the court i,m addressing or is it the claimant ??? etc ) if you ask me any questions i will be open and honest to both sides of the story , there are all sorts of issues i need to address both in the defence and the counterclaim but i dont know where to start . i dont want to ramble on at this part ,i just need help and will answer any questions relating to this sorry state of affairs that could cost me dearly if i dont manage to get my side of the story correctly over to the court .i feel this case is long winded and has rights and wrongs on both sides but someone who may have been in my sittuation may not agree .

i have another 14 days to get this letter of defence and counterclaim back to court and i just want to get it right (i appologise in advance for my english and grammer please go with with me on that one )

[woodpecker1]

hi i,m new to this and not that good at finding my way around . i have just what i thought was posted a new thread with a request for help and i dont know where it has gone . where do i get started please help .

[diamondgirl]

Hi Woodpecker

 

If you click on the search button at the top of the page, go to advanced search type your name in - woodpecker1 - on the right hand side and it will show your two threads and click on the one you want, its easier if you remember what you titled your thread.

DG:)

[foolishgirl]

Hi woodpecker - welcome to CAG

 

This is your thread:

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/207655-hi-i-m-new.html

 

If you ever lose it again, click on your own name & it will show all your posts/threads.

 

Here is another link with useful info:

The Consumer Forums - Forum guides for Newcomers - (open access)

[diamondgirl]

Hi and welcome

 

Are you able to scan up the particulars of the claim? if not then just type the details omitting any personal info and don't put exact amounts.

 

You should be able to find this thread now I've subscribed to it and I have told you on your other thread how to find this thread.

 

DG:)

[foolishgirl]

Can you post up the POC (minus your personal details) please, woodpecker?

 

Can you also say approx. how much you are owed, what for & the approx. dates of when the work was done.

 

Did the claimant send you a letter before action, giving you notice of legal action before issuing the claim?

 

Has the claimant issued any invoices etc. for the amounts he says you owe him?

 

Don't worry, you will get lots of help on this forum & 14 days is a long time to compile a defence/counterclaim.

[foolishgirl]

DG - you're playing games with me! Faster fingers every time!!

[woodpecker1]

hi diamond girl and you are a diamond for replying as i was just about to give up . with me being new to this it just went right over my head i even got to the dummies guide and even that was for more inteligent dummies than i am . i just need help badly with away of finding answers to a county court claim me against me . i need to get help wtriting a letter for defence and then a counterclaim and i am realy struggling to get answers untill i found this site .which seemed to be the perfect place to ask for help . but then i got lost and the lights all went out on me , i just need pointing in the right directection where to ask

regards woodpecker

[woodpecker1]

hi foolishgirl many thanks for your reply i am going to sit back for a moment and try to get my head around all this . the only other forums i ever have ever been involved with in the past were for builders like myself and once i got the hang of it all was well . so i will try and soak up as much as poss as fast as poss as i only have 14 days to get answers to my problem and submit my defence and counterclaims to court .

regards woodpecker1

[Michael Browne]

What date did you receive the claim? Have you already acknowledged it?

[woodpecker1]

please stay with me diamond girl and foolishgirl i have just got to this page showing your replies and your questions now i need to get the answers you request back to you .asap

[woodpecker1]

michael thanks for your reply yes i have replied to the claim and asked for the extra 14 days to get my defence etc sorted

[Michael Browne]

If you have acknowledged the claim (within 14 days), you have 28 days from the original deemed date of service (this date is shown on the claim) to submit a defence

[woodpecker1]

michael i should have said the original 14 days were going to be up on tuesday next week thats why i posted off last thursday to the court for the extra 14 days

[Michael Browne]

Ok, fine, so by my reckoning you have until Tuesday 20th July.

 

You need to answer Foolishgirl's questions in post #3

[woodpecker1]

some quick answers to every one .

yeh i can scan up the claim i was sent . and any relevent letters i have been sent re the claiments corrospondence and my reply to him . etc . but my next problem is where do i post / send all this information (minus any personal details of course ) whats the best way way for me to do all this and reply to anyones questions with out ignoring anyone which i would not want to do

[Michael Browne]

Scan the document into your computer and open it in Paint or similar program. Edit out the personal information and identifying numbers etc.

 

Save it as a jpeg file

Open an a/c on Photobucket, (here: Image hosting, free photo sharing & video sharing at Photobucket ),or Tinypic here: (TinyPic - Free Image Hosting, Photo Sharing & Video Hosting )

 

Click the "upload image" box and browse to find the file of your scanned jpeg on your hard disk

 

It will then upload the image to Photobucket and it will show you thumbnails of the images you have uploaded. Under each image there are links that you can copy and paste.

 

Copy and paste the IMG Code link from Photobucket to the reply box on your thread here, which will look like this:

 

When you submit the reply, the text will change into the image you uploaded onto Photobucket.

 

See how to in section 1.16 (Attach Documents) here:

How Do I....? A Dummies Guide to the Forum

[saintly_1]

I have merged your 2 thread this will make it easier

[woodpecker1]

hi everyone who is kindly helping me . i am now in the process of scanning all relavent paperwork etc (with a little help from my son ) i should be able to get all this to you all on here at latest by sunday morning if not sooner . please be patiant with me . i realy appreciate all your help so far

regards woodpecker1

[woodpecker1]

hi to every one who has given me help (michael your help on how to get this information on was just what i needed) along with the help of my son doing the tech bits. i have posted all the papaer work i have except for a copies of my invoices 12 of them explaining work carried out and cost for my labour . if any of this information is needed just ask . there was no loan agreement all this was verbal between us then he had a stinking row with my wife which turned into a shouting match (this argument was not concerning this it was regarding a family matter )then because he didn't like what he was hearing (to put it in laymans terms spit his dummy out) and started to make his threats and demands then slammed the phone down . thus then starting his claim . i did make him an offer to resolve this dispute after his first letter explaining the work i carried out exceeded the original loan . but he chose to ignore this it was a fair and amicable solution but he was obviously intent on dragging me to court . also as i stated in my reply to him he wanted his cake and eat it . .i never invoiced him untill he decided to take this action because i honestly believed i could trust him to do the decent thing (regretfully) thanks in advance for any help you can give me or advice on this matter

regards

woodpecker1

 

 

apologies. The images were incorrect. I will post again soon.

 

Woodpecker1

Edited July 4, 2009 by woodpecker1

[foolishgirl]

Have you actually sent the last 3 typed pages into the court woodpecker?

Or is this just what you propose sending?

[woodpecker1]

Hi Foolishgirl,

 

The last 3 pages were proposed and have not been sent to the court. I was looking for advice on the layout of the defence and claim. I have to go out for a few hours, i will leave get the images on as soon as possible.

 

Regards

 

Woodpecker1

[woodpecker1]

apologies

Edited July 4, 2009 by woodpecker1

[foolishgirl]

Hi Foolishgirl,

 

The last 3 pages were proposed and have not been sent to the court. I was looking for advice on the layout of the defence and claim. I have to go out for a few hours, i will leave get the images on as soon as possible.

 

At this stage you just need to send in the AOS to say that you will be defending the claim & concise reasons why.

 

eg.

1. It is admitted that the claimant granted the defendant a loan of £xxx on xxxxx. This loan was not subject to any interest, no specific payment date was agreed & the claimant did not request repayment until xxxxx when he gave verbal notice that he required its repayment in full by 8 June 2009.

 

Then in your counterclaim:

 

1. The defendant claims £xxxx in payment for work carried out by the defendant at the claimant's instruction as detailed below:

(a) on xxxx work (specify type) at the claimant's home, address xxxx

(b) on xxxx work " " on the claimant's car (Reg. No. xxx)

Invoices were submitted to the claimant on xxxxx but to date remain unpaid.

The defendant therefore claims the sum of £xxxx as counter to this claim.

 

All the info. you posted in the last 3 pages (BTW where are they now?) should be incorporated in your defence & counterclaim submission that you will then forward to the court as a seperate document within the 28 days allowance. With all due respect, I think this is a little bit rambling & disjointed - it has to be clear & concise or a DJ may lose patience with it & not take your points as seriously as you may wish.

 

It helps if you can number the points, usually in date sequence of events, so it is easy to follow. Look at other defence submissions on CAG to see how others do it.

[maroondevo52]

Thread moved to Legal Issues.