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Not a defence in law


sillygirl1
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I've been dealing with a utility company and they issued a CCJ, so I defended it giving the history of my redundancy, repeated offers to pay and their lack of co-operation. I acknowledged and filed the defence the same day. Two days later the head of customer services was on the phone and the legal team have sent a compromise agreement, allowing me to repay them at a LOWER rate than I originally was offering and in their covering letter stated

 

"We have seen your defence and it is not a defence in law"

 

If it wasn't a defence in law, bearing in mind I am a litigant in person with no legal training, then why did they react the way they did? I can only think that they issue these like confetti in the hope that the majority of people will roll over and accept it...

 

Okay it wasn't a fully particularlised defence with a load of legal stuff in it but it wasn't needed in this case, it was similar to the brief defences I've been doing in the PDL forums, which again proves that a brief defence stating the facts is sometimes just as effective as filing one which takes about 8 hours to research!

 

Any thoughts on their phraseology would be welcomed.

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If your defence consists of reasons for not being able to pay, rather than actually disputing that you owe the money, then it is not a defence in law. If you've made repeated offers to pay, then you must admit you owe the money. Best guess as to why they want to compromise out of it is to avoid the irrecoverable costs of going to trial, assuming this will be a small claim.

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