3. I've followed the wrong advice anyway out ?
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Author Topic: I've followed the wrong advice anyway out ?  (Read 3346 times)

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Re: I've followed the wrong advice anyway out ?
« Reply #15 on: »
Quote from: DWMB2 on August 08, 2024, 12:24:21 pm
Both of those links lead to the same document.
fixed
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: I've followed the wrong advice anyway out ?
« Reply #16 on: »
Ok for this new draft order template I don't need to fill anything out can just attach as is ?


https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-orderP1.pages.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&e=1&dl=0

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Re: I've followed the wrong advice anyway out ?
« Reply #17 on: »
Yes, just attach it. You only need to change the claimant/defendant names, claim number ad type signature and date in the defence.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: I've followed the wrong advice anyway out ?
« Reply #18 on: »
Are there any instructions on how to do the Defence on "Money Claim" ?


I've pasted the contents of the "Defence" template under the "Defence Particulars" section and I assume this is where I should also attach the "Defence Order" ? However I can't find anything that allows me to attach a document in this section or the subsequent sections that follow

Should I just paste the "Defence Order" in "Defence Particulars" section under my Defence text ?

I've also said I'm not making a counterclaim I assume that is correct ?
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Re: I've followed the wrong advice anyway out ?
« Reply #19 on: »
Quote from: b789 on July 21, 2024, 08:04:09 pm
DO NOT file your defence using the MCOL website. Your defence will be submitted as a PDF attachment to an email.

As per the previous advice, do not submit using MCOL. Send it via email. The relevant addresses are here: New email addresses for CNBC (AoS/Defence/DQ and more)

Using the MCOL system for the defence ruins the formatting, and doesn't allow attachments.
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Re: I've followed the wrong advice anyway out ?
« Reply #20 on: »
Ok thx, so I assume I send the email to "ClaimResponses.CNBC@justice.gov.uk" ?


Anything particular I should put in the subject header of the email ? Was thinking of putting in just the claim number
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Re: I've followed the wrong advice anyway out ?
« Reply #21 on: »
I've sent the "defence2 and "defence order" to the court and received a response from the court. They said  they have sent my defence to the claimant

I've also now received a letter from DCB saying they have reviewed my defence and have decided to continue to proceed


Below link hopefully should give you access to all the documents I sent and the responses I have received

https://www.dropbox.com/scl/fo/zkost8ic4h2k7awgo7s02/AAL-H72pvI9Ts5LFZIp-DQU?rlkey=eptg9ea37u499vhsxrxz04f2v&st=boj13zpc&dl=0



What should I do next if anything ?

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Re: I've followed the wrong advice anyway out ?
« Reply #22 on: »
You now wait for your own N180 Directions Questionnaire. You can check your claim history on MCOL which will say when it was sent to you. You can download one in preparation and complete it ready to email to the court and the claimants solicitor.

https://assets.publishing.service.gov.uk/media/66a8b019ce1fd0da7b592f43/N180_0724.pdf

It is fairly straightforward. You are the defendant and only you are a witness. Mediation is now compulsory but is only a telephone call and you simply tell the mediator that you are not prepared to offer anything. Over and done with in 5 minutes.

When you submit the DQ, it is sent as a pdf attachment to an email. You send it to both the claimants solicitor and the CNBC DQ.cnbc@justice.gov.uk and CC in yourself. As with the defence, you should get an auto-response from the CNBC within a few minutes.

You can also include the draft order together with the following transcripts and a very short covering letter stating:

“Bearing in mind the contents of the defence I would strongly suggest that the judge makes the attached order in support of which I also attach transcripts of two cases which support the proposition that the judge should make the order I suggest”.


CPM v Akande transcript

CEL v Chan transcript
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: I've followed the wrong advice anyway out ?
« Reply #23 on: »
When you say "You can also include the draft order" ....... do you mean the "Defence Order" ?


Is the below email response  adequate ?


"Dear Sir


I attach the completed DQ  as well as the "Defence Order" which I also sent in my initial email with my "Defence"

Bearing in mind the contents of the defence I would strongly suggest that the judge makes the attached order,  in support of which I also attach transcripts of two cases which support the proposition that the judge should make the order I suggest”.


Yours sincerely

Signed"

Attach to email DQ, Defence Order, the two transcripts........ Haven't attached the Defence document do I need to ?
« Last Edit: August 22, 2024, 09:52:27 pm by Jag84 »
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Re: I've followed the wrong advice anyway out ?
« Reply #24 on: »
I hope the above is OK if not please could you let me know ?



A further question regarding the N180 form


In section F3 it asks how many witnesses will give evidence on your behalf at the hearing. Does that mean my wife will have to attend the hearing ?
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Re: I've followed the wrong advice anyway out ?
« Reply #25 on: »
What you have above is fine to send.

Only any witnesses, including you, who are going to attend is required. Why do you need your wife to attend? If you need any evidence from her, you can just submit a written Witnes statement from her.

The only reason the question is asked on the form is so they canspssigne a room big enough to accommodate everyone.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: I've followed the wrong advice anyway out ?
« Reply #26 on: »
Apologies in advance if this is a stupid question but would anyone need to attend from my side, can I just put in zero witnesses ?


I assumed this would be done without anyone needing to be present but I noticed the Claimant in his form has put down 1 witness attending from their side
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Re: I've followed the wrong advice anyway out ?
« Reply #27 on: »
You would have to attend, if it ever gets as far as a hearing. So, you would be the only witness.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: I've followed the wrong advice anyway out ?
« Reply #28 on: »
I haven't received any email or post asking me to fill out N180 form from courts

Any ideas how long they usually take ?
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Re: I've followed the wrong advice anyway out ?
« Reply #29 on: »
It can take up to several months. Patience is the order of the day. You can keep checking your MCOL history as it will update with the date they send you the N180.

In the meantime, you can simply download your own N180 DQ, complete it online and have it ready to send as a PDF attachment to an email when you see notification that one has been sent to you.

In case you don't receive it for any reason, if the MCOL history shows that the claimant has submitted theirs, you can then simply send yours to dq.cnbc@justuce,gov.uk and to the claimants silicitor and CC in yourself.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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  3. I've followed the wrong advice anyway out ?