tiggrae
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Northampton Claim by Lowell/Vanqius *** Claim Struck Out ***
tiggrae replied to rita777's topic in Legal Successes
That's find Andy, but you've also removed the initial comment regarding the need to send out a request for information under CPR 31- no one is helping this lady with any advice !! " One way of helping you defend a claim (but don't lose sight of the fact you need to put your defence together and submit it in time) is to request specific documentation from the Claimant - you can do this by sending the following letter with the attachment to them - in most cases the claimant simply does not have the documentation necessary to support a claim in the county court - you need to send this by recorded delivery to either the claimant or if they are using solicitors to the solicitors address. Send it recorded delivery, when you submit your defence mention in it that you have Served a Request for Further Information on the Claimant / Claimants Solicitors and attach a copy of the letter and it's attachment."- 153 replies
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Northampton Claim by Lowell/Vanqius *** Claim Struck Out ***
tiggrae replied to rita777's topic in Legal Successes
The best thing to do is search on the threads on here to establish a defence which matches your own defence of the claim, post it here and ask for help / opinions. Don't lose sight of the fact the defence MUST be submitted by 10th August, if you don't submit it by that date the claimant can request a Judgment by Default (ie you would get a CCJ if you don't submit you defence by the 10th !)- 153 replies
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carter claim form Old Capital One debt ***Claim Discontinued***
tiggrae replied to nigrob's topic in Legal Successes
Shouldn't your Witness Statement have been submitted today (ie 14 days before the hearing date), if you haven't done it you need to search the threads and produce a WS which mirrors the defence you've already submitted, the take it and hand deliver it to the Court -
Northampton Claim by Lowell/Vanqius *** Claim Struck Out ***
tiggrae replied to rita777's topic in Legal Successes
Once you have submitted your defence that will be the end of the MCOL access. You now need to concentrate on putting your defence together and submitting it before the due date. What did you put on the Acknowledgement, that you intended to defend the claim ?- 153 replies
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A POC is Particulars of Claim (what is written on the Court Form you received), the date of the claim is the date the Court Form was issued to you. You've stated the date of the default was in 2011, was that the last time you made any form of payment towards this debt, if that is the case it's not Statute Barred, to be Statute Barred you can't have made any payments or acknowledged the debt within the last 6 years.
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got small claims judgement from court i knew nowt about help?
tiggrae replied to brin123's topic in Financial Legal Issues
You can apply to the Court to have the Judgment set aside, you need to use the Court Application Form N244, if you are on benefits you don't have to pay the £155 fee. Having the Judgment set aside will allow you to defend the claim -
Northampton Claim by Lowell/Vanqius *** Claim Struck Out ***
tiggrae replied to rita777's topic in Legal Successes
First things first, Have you acknowledged the claim with the Court? You MUST do this before 26.07.14- 153 replies
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Marlins - Claim Form LLoyds Overdraft
tiggrae replied to theazzmany2k's topic in Financial Legal Issues
If the Claimant has failed to respond and have gone over the time set by the Court, the claim will be stayed and the Claimant will then have to make an Application to the Court to have the stay removed. The best thing is to ring the Court and ask what the status of the claim is. -
It's vital you check with the Court that they have recorded this as a defended claim, if they haven't the Claimant can apply for Judgment by Default (ie that you failed to defend the claim within the timescales set out by the Court). If it has been recorded as a defended claim You should have received a letter from the Court confirming this.
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Am I right in assuming Carey vs HSBC was only applicable where the Claimant was attempting to have the Credit Agreement rendered unenforceable ? If the Claimant is attempting to enforce an agreement (ie in this case mkdp) on an Agreement made pre 2006, then Section 127.3 of the CCA 1974 still applies despite this having been repealed by the 2006 CCA?
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MKDP LLP Court Claim HSBC account ***Claim Struck Out***
tiggrae replied to iyam71's topic in Legal Successes
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