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marc123

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  1. Court date 21st August, (Standard disclosure ordered,) deadline for disclosure 4pm today August 7th, post just arrived and nothing from DG. I have complied with the order As I have had no notification of case being stayed can i now apply for defence to be stuck out. if yes how... anyone please advise
  2. Thanks very much all I actually filed my claim at my local county court, so i shall be returning there to lodge the claim particulars (they say in there deffence that I haven't provided the defendent A&L with details of the claim but if they care to check they will see i have .and i have recorded delivery proof of this) These stalling tactics just make me more determind to go all the way. good luck to you all and thanks again
  3. Claim issued 30/04/07 Claim Acknowledged 09/05/07 (No allocation questionair recieved as yet) Defence recieved today 17/05/07 (dated 14/05/07) from solicitors All standard stuff i guess, but need advice on a couple of points if anyone can help please. paragraph 2. This defence is filed without prejudice to the defendants contention that the particulars of claim disclose no reasonable cause of action and ought to be struck out pursuant to the provisions of the civil procedure rules part 3,4 and/or that summary judgment ought to be granted against the claimant pursuant to the civil procedure rules part 24.2 as the claimant has no real prospects of succeeding on the claim or issue and there is no other compeling reason why the case or issue ought to be disposed of at trial. paragraphs 2,3,5,6,7,8,9 The defendant denies that the charges are a penalty blah blah blah paragraph 10 INSUFFICIENT PARTICULARS OF CLAIM The claiment has failed to particularise the claim against the defendent adequately or at all and the claiment is requested to particularise each and every charge that the claiment alleges the defendent has added to the acount,specifying the amount charged, the date of the charge and the explaination given for the charge. THE DEFENDENT REPEATS PARAGRAPH 2 MY FIRST QUESTION.. The spread sheet of charges was sent to the bank I have proof they recieved it, should I have lodged this with the court when I filled in the N1 form ? Or should I now send copies to the court and or the solicitors, I was waiting for the allocation questionare. paragraphs 12 13 14 15 16 17 18 19 20 all go on about what the charges are for all standard these are admin fees ect ect NOW THE INTERESTING ONE.. paragraph 21.. However without prejudice to the above, the defendent will refund and/or has refunded the claiments account part of each failed transaction fee to the extent of any excess above a debited charge of £12 per item. MY SECOND QUESTION I'm undecided wether to accept this offer or not but either way can anyone advise how to reject or accept is it via the solicitor, the court or bank. Many thanks in advance and good luck to you all
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