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Ask Andrew D.P. Scott Your Own Question

Andrew D.P. Scott
Andrew D.P. Scott, Barrister
Category: UK Law
Satisfied Customers: 88
Experience:  LLB(Hons) 1st Class, Gray's Inn Master Bedingfield Scholar, BVC Very Competent, Public Access Rights
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I have to defend myself against a Bank who have reneged on

Customer Question

I have to defend myself against a Bank who have reneged on our agreement. I am not allowed legal aid and the Bank have taken all my money so I cannot pay for legal representation.
Is there a sort of "Tick List" that I could follow to make sure that my defense is not thrown out?
Submitted: 4 years ago.
Category: UK Law
Expert:  Andrew D.P. Scott replied 4 years ago.

Andrew D.P. Scott :

Hello, I am pleased to be asked to assist you.

Andrew D.P. Scott :

hi are you online and ready to address this now?

Andrew D.P. Scott :

hi doug

Customer:

Hi Andrew

Customer:

I am on line and ready

Andrew D.P. Scott :

what was the agreement with the bank

Andrew D.P. Scott :

what was the agreement with the bank?

Andrew D.P. Scott :

no names or places this site is not confidential

Customer:

I am happy to go into details with you but it is quite complex and would take a lot of time which I cannot pay you for. Hence my reason for asking for a "Tick List" to follow.

Andrew D.P. Scott :

do thry say you owe them money

Customer:

Yes, they are suing me for £686,000

Andrew D.P. Scott :

ok, you do need help

Customer:

yes

Andrew D.P. Scott :

this organisation is a charity where lawyers are available to assist in complex cases http://www.thefru.org.uk/

Andrew D.P. Scott :

and th student law office at northumbria university http://www.northumbria.ac.uk/sd/academic/law/slonew/case/

Andrew D.P. Scott :

have the bank put in a claim form with a particulars of claim which you have been ordered to reply to with a defence

Customer:

Thanks very much Andrew, I shall contact them tomorrow morning.

Andrew D.P. Scott :

ok, we've not finished yet

Andrew D.P. Scott :

dont go

Customer:

The Bank have taken out a Court Action which I need to defend by Tuesday

Andrew D.P. Scott :

by "I need to defend by Tuesday" do you mean you need to reply with paperwork or you have to attend court

Customer:

Reply with Paperwork

Andrew D.P. Scott :

ok, the Civil Procedure rules for writing a defence are at http://www.northumbria.ac.uk/sd/academic/law/slonew/case/

Andrew D.P. Scott :

have they issued a statutory demand?

Customer:

Brilliant, that is what I want, I think.

Andrew D.P. Scott :

sorry its http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/insolvency_pd.htm

Andrew D.P. Scott :

have the bank issued a statutory demand?

Andrew D.P. Scott :

are they saying you are insolvent?

Customer:

They have issued a statutory demand. They have not said I am insolvent (which I am)

Andrew D.P. Scott :

ok cpr for statutory demand is quite strict as to the form and the drafting of defence

Andrew D.P. Scott :

the rules are at

Andrew D.P. Scott :

http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/insolvency_pd.htm#IDATXGOB

Andrew D.P. Scott :

i dont htink i need to tell you that you should use your best efforts to engage a lawyer face to face

Andrew D.P. Scott :

i believe this is all I can assist you with using this service

Andrew D.P. Scott :

if you have to draft a reply yourself keep it short and to the point. Numbered paragraphs and pages.

Customer:

I am sure that I have received a "Demand " some time ago. The present Court Case is on a "Claim Form"

Customer:

Thanks very much for your help Andrew

Andrew D.P. Scott :

I should be grateful of you would click the accept button and complete the feedback section

Andrew D.P. Scott, Barrister
Category: UK Law
Satisfied Customers: 88
Experience: LLB(Hons) 1st Class, Gray's Inn Master Bedingfield Scholar, BVC Very Competent, Public Access Rights
Andrew D.P. Scott and other UK Law Specialists are ready to help you
Customer: replied 4 years ago.

Hi Andrew

You asked if they had served a "Statutory" Demand.

Their letter of 21st November 2008 say that they "demand" repayment of...... The word "statutory" is not used.

Does that make a difference to my type of defence?

 

Expert:  Andrew D.P. Scott replied 4 years ago.
Off the top of my head I dont know. You will have to check the riles concerning the formalities of a statutory demand. Check the time limits too, cos 1st Nov 2008 seems a long time ago.
Andrew

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Andrew D.P. Scott
Andrew D.P. Scott
Barrister
67 Satisfied Customers
LLB(Hons) 1st Class, Gray's Inn Master Bedingfield Scholar, BVC Very Competent, Public Access Rights