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Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24527
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Is there a standard template to follow when writing a statement

Resolved Question:

Is there a standard template to follow when writing a statement of defence for a CCJ?
Submitted: 3 years ago.
Category: UK Law
Expert:  Joshua replied 3 years ago.
In which court is the matter being dealt with - County Court?
Are you applying for the judgement to be set aside or appealing or just defending a claim?

Edited by Joshua on 9/3/2010 at 12:00 PM EST
Customer: replied 3 years ago.
I have received a 'Claim Form' from Northampton CCBC.
I have already paid the principle sum, in full to the claimant. It was sent to them the same day the papers were sent to me, so they crossed in the post.
Way back in June 2010, I wrote to the claimants solicitors (Thomas Higgins Partnership), stating that I was unable to pay the debt. In this letter I offered to pay off the debt by installments which were manageable and realistic in view of my current (rubbish) financial situation. I also asked for the debt to be frozen and no additional interest / costs be added as I was unable to pay the original amount in the first place! (so additional costs would be unhelpful and unreasonable).
I want to appeal against the additional 'admin fees', which were added to the principle sum by the claimants solicitors.
So, I have already paid the original debt but as I requested that no additional costs be added, in June 2010, I think that the claimants solicitors have acted unreasonably by adding to it, rather than approaching their clients and discussing a) installment option (which is irrelevant now anyway, as the original debt has been paid, b) ignoring my request to freeze the debt and adding to it.

Hope this makes sense?
Expert:  Joshua replied 3 years ago.
So you have a judgement against you and you failed to pay within one month so a CCJ has been added to your credit record?

You know want to challenge this judgement?

Did you attend the hearing?

Do you have any other grounds for appeal apart from what you mention above?
Customer: replied 3 years ago.
No, I'm at the very first stage of the CCJ proceedings. (I hope!?)
The principle debt was paid the same day the papers were issued by Northampton.
I have a N9CPC 'response pack' with forms N9A and N9B to complete, depending on whether I'm admitting or disputing the claim.
I was advised by the HMCS Money Claim phone line to complete the 'dispute' form, to put the proceeding on hold. I just want to ensure that I word my defence statement correctly.
Expert:  Joshua replied 3 years ago.
Oh OK. So sorry just one last question. What is the claim for - the whole amount or just the additional fees that have been added or both?

How much are the additional fees?
Customer: replied 3 years ago.
The amount claimed on the court papers are for the total amount of £1514.93, which is made up of the following: £1205.35 - principle debt (which has been paid by cheque on the 27th August, received by the claimant on 31st August, confirmed by telephone), £65 court fee, £80 solicitors costs and £164.58 unspecified 'admin fees'.
So, I'm disputing the additional £309.58 as I feel that I made sufficient effort to request via Thomas Higgins, a reasonable outcome but it is due to their actions (or lack of) that have caused these additional costs to be incurred, ie. if they had communicated my request to pay by installments at an earlier stage there would be no need to proceed to court action.
Expert:  Joshua replied 3 years ago.
OK so you tick the first box in section 1, the second box in section 2 and fill in the amount and give details of how you paid in the box below. If you paid before the claim was issued then that is all you have to do other than sign on the reverse. If yo paid after the claim was issued you should include a defence as to why you do not think the extra charges are justified. I would suggest you do this by writing succinct numbered paragraphs detailing your points.
Customer: replied 3 years ago.
Thanks for that, I'd already got that far.
It was more guidance as to the correct wording for the statement, in terms of what to include and what is not necessary.
Expert:  Joshua replied 3 years ago.
It is a small claims action so very informal. The court expects matters to be dealt with by members of the public rather than lawyers so does not expect formality. Just avoid going into unnecessary detail.

If you want to see how we do it, below is a template for a defence.

IN THE ??? COUNTY COURT CLAIM NO. ???

BETWEEN: -

???? CLAIMANT

-AND-

???? DEFENDANT

_____________________________________

DEFENCE

_____________________________________


I believe the facts stated in this Reply to Defence are true.

Dated this day of January 2010

Signed ___________________________

Name

Address



Edited by Joshua on 9/3/2010 at 2:01 PM EST
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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