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lottery-loser

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  1. Dear G I am just going through the same nightmare myself and went to see a solicitor last week as I couldn't ge t any help from the CAB (appalling people!) or from here. Here is what I learnt from him... I don't know whether/how you are defending yourself but the attempts to settle section on the form should be filled in appropriately. ie if it is not appropriate to settle for whatever reason - say so. BUT BE AWARE THAT IT IS APPARENTLY IN THE CIVIL PROCEDURE RULES THAT BOTH PARTIES SHOULD BE ATTEMPTING TO SETTLE AND THEREFORE DO MAKE AN OFFER IF POSS AND HOWEVER MEAGRE. USE THE TEMPLATES ELSEWEHRE ON cag SITE TO WRITE THE WITHOUT PREJUDICE LETTER. STRI9CTLY SPEAKING THIS DHOULD GO TO THE SOLICITORS IN QUESTION, BUT AS A LITIGANT IN PERSON i SUGGESTED TO MY SOLICITOR THAT IT WOULD BE SENSIBLE TO COPY IT TO THE CLAIMANT BECASUE SOME FO THE SOLS METIONED ON HERE GIVE THE DISTINCT IMPRESSION THAT THEY SON;T WANT YOU TO SETTLE OUT OF COURT! Why would you want a 1 month stay? THis will only delay things and maybe give the claimants more time to find "evidence" etc. 3 & 4 relate to above. If it is not appropriate to settle/mediate say why. Are you disputing all the moeny or just collection costs, charges etc? Complete accordingly. I'm afirad I had to bite the bullet and aggree to nearly £200 p hr (for a solicitor) becasue I fdidn't want to do the wrong thing! I can't answer all of your qs as he is going to fill mine in for me but i hope this bit helps. You and I are probably going thorugh the xsamt hing at the mo so keep an eye on my thread too. I can't update it very often but will try to do what I can as I want to help others and keep in touch with them too.
  2. Dear ilonavamp WELL DONE!! I am so pleased for you! (Wish I was at the same happy stage.) I haven't had chanve to read backwards re all the events oaver the last few weeks but have got hte gist and will fill myself in properly when I get time!!) LL:D
  3. Dear Paul SO sorry to get your name wrong!! I just remembered the PT bit and extrapolated!! I will take this up again with local ct but re pt6 I don;t have any choice as I have said all along that I'm homeless and will have nowhere to stay here! Thanks for your reply despite being called Pete!!!
  4. Dear Pete Back again! Update: Restons have neither responded to the court in answer to my defence (the 28 days were up a few weeks ago now). However, despite Northampton's letter saying that if they didn't respond within 28 days the case would be stayed or dismissed I have received a form for the case to be transferred to my local ct. Surprised by this, I went to the ct to ask why the case hadn't been stayed/dismissed and they said they knew nothing about such letters as the one NCC had sent me but they just sent out these forms for cases to be allocated. I then rang NCC to ask why this was happening and they said they didn't know as they no longer had my file. I shall take their letter to my local ct to show them what was said but I do not know what to do with this form which has to be back VERY SOON! I went to a CAB who were so appalling I will NEVER go there again. Judgemental wasn't the word, useless was the understatement of the C. I was so upset for the whole of the day at their treatment of me that I couldn't eat, concentrate or discuss anything rationally... Please can somebody tell me what SHOULD be happening now? 1) defence in at ct abt 8 weeks ago 2) no CCA from Restons 3) no response from " to my defence 4) NCC said should be stayed/dismissed 3-5 weeks ago 5) local ct wants hearing 6) In a month or so I am leaving the area for good
  5. It's very difficult now to keep up with here as we are in temporary accommodation and have to use the library internet, which is constantly down or pre-booked! Latest news is that I have heard NADA from Restons (surprise, surprise) but the court wrote to say they have 28 days to respond to my defence and if they don't comply, it will be stayed. So i'm still in limbo 8-) ...
  6. OK - will do! I wonder what the next instalment will be!!! Thank you again.
  7. Thanks paul, Our posts crossed just then! The court wrote a letter as i think they realised my mistake! (I'm obviously not the 1st to make it!!) THey said I only needed to compelte the N224 if i still want to contest jurisdiction, which I don't, so i can ignore it! Thanks for your help.
  8. Paul, It's ok now. I know I don't need to complete the N224. My spiffing defence is all ready to go tomorrow (last poss day for sending!) I am concerned though, by 1 thing that Tom... said - that I shouldn't be making any offers to them (ie the F&F offer that i mentioned to you previously. What's your opinion? I hoped that that would encourage them to stop ct action by sending the Without Prej. letter, but do YOU think it will throw a spanner in my defence?
  9. Yes, the law is logical but the terminology is not always the same as in everyday usage as I have learned to my cost in the past. Of course I have sent the acknowlegement of service off - i am perfectly capable of working out how many days "14" are from the date of service. I am just repeating myself here and what i have already discussed with Paul.
  10. PS Tom, if you had read the previous page/s you would have seen what the payment offer is - IT IS NOT THE ONE ON THE COURT FORM BUT A F&F OFFER!!!!
  11. Actually I've done all that and if you look at the previous page you will see what has been written by Paul as my defence - he says there are v gd grounds. It's all very well to say I should help myself - I AM!!!!! but what seems to me as an uninitiated layperson, albeit educated and articulate, to be logical, clearly is not! The other relevant threads I have read do not give info on such minutiae.
  12. Paul, in addition to the above... As I am submitting the defence as per above, is the correct thing to do to say that I refute the entire claim. I just find all this really odd, and I know that legal-speak bears little relation to what the layperson understands or to what the dictionary says! It just seems peculiar, though maybe in the corridors of law, fine, to say on the 1 hand that I refute the entire claim and on the other make an offer of payment. Incidentally, DO i make an offer of payment on the form to return to the court, or leave it blank as i am defending the claim. CONFUSED!!!
  13. Oh dear... I thought that "jurisdiction" meant the geographical area of the court (ie similar to the way laws are only valid in eg England or Scotland or another country etc) so I thought that was the way you got the case moved to your local court...
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