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smooch

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  1. Thanks Connif, Didn't see you reply - all we have is a cut & paste from a court clerk of the claim particulars. We don't have a claim form ourselves? No email is attached, just a number and their reference.
  2. How do we state our evidence - do we include copies of receipts as part of the form or reference them and then bring them to any later hearing?
  3. I have no claim form. Just details from the set-aside hearing on 24.07.15 I've called the court and they were not sure if the time period is 'working days' or total days. This means that the deadline is Thursday? if it is not working days. The PO has said there's nothing much they can do without a certificate number! Is it best to serve the documents via email or recorded post? Any help? This feels like its a whole lot more urgent now!!
  4. Ok will do. As you say - it's definitely worth a try.
  5. No we don't have the exact date it was late December 2013.
  6. Hi Andy, This is the claim info: Claim Details: 1. THE DEFENDANT IS REQUIRED PURSUANT TO S441(1) OF THE COMPANIES ACT 2006 (THE ACT) TO DELIVER TO THE CLAIMANT A COPY OF ITS ANNUAL ACCOUNTS FOR EACH FINANCIAL YEAR. 2. FURTHER, UNLESS THE DEFENDANT FALLS WITHIN THE EXEMPTIONS LAID DOWN IN SECTION 480(1) A DIRECTOR'S REPORT AND AUDITOR'S REPORT ON THOSE ACCOUNTS IS REQUIRED. 3.. THE DEFENDANT FAILED TO DELIVER THE DOCUMENTS SPECIFIED IN PARAGRAPH 1 HEREOF IN ACCORDANCE WITH THE PROVISIONS OF SECTION 442 OF THE ACT AND IS THEREFORE LIABLE TO A CIVIL PENALTY PURSUANT TO SECTION 453 OF THE ACT AS SET OUT IN SI 2008/497. PARTICULARS OF THE PENALTIES LEVIED AGAINST THE DEFENDANT ARE AS FOLLOWS- ACCOUNTS DATE DUE DATE FILING DATE PENALTY £30-SEP-13 30-JUN-14 11-OCT-14 £1500.00 4. THERE REMAINS A BALANCE OF £1500.00 DUE AND OWING AND THE CLAIMANT CLAIMS THAT SUM. It is a little jumbled, but this is how I received it exactly. Hopefully you get the just!?
  7. Hi and thanks CitizenB, Ideally for us by Wednesday so we can just move on, but the deadline is this coming Friday if the weekends are counted or the 4 extra days if the weekends are not counted.
  8. ...we are also unsure on which form we need to submit our defence!
  9. Afternoon All, Any and all help is appreciated. CH filed for penalties after accounts were not registered on our file (even though accounts were sent) The company accounts are all up to date and we have filed accounts before and after the year in question on time. BACKGROUND A company director posted the accounts in question (on time) to CH via recorded post but to date we are unable to find the certificate of posting. The accounts were never registered on the company register and therefore raked up penalties. Unbeknown we received a Judgement in Default - found out after being refused for a charitable non-geographic phone number. We applied to set-aside the judgement and were successful on the grounds 1) that we did not receive the claim and 2) that we have instances where we have sent documents to CH, they have signed for the documents but our company register was not updated. We have receipts, copies of signed recorded mail certificates and emails form CH. Our accountant is also able to provide a witness statement where he has sent CH documents on our behalf again via recorded post and they also have not been updated to the company register. FAST FORWARD We would like to put our defence forward in a coherent and ligitant manner as far as possible and wondered if there were any standards or rules we could refer to in order to reinforce our defence. Or do we simply state the facts as is? In essence, we will be presenting the following; 1. Accountant has filed information - Information had to be resent via recorded delivery. Postage receipt. 2. Accounts in question was sent by Company Director. - Evidence: Unable to locate postage receipt 3. Other documents sent to CH. Same documents resent 2 further times – due to not being registered on our Company register - Evidence: Postage receipts, Email acknowledgement The arguement seems to boil down to us stating that we sent the accounts in on time and CH stating that we did not. Though it is 'sods law' that we have the before and after postal receipts, we seem to be at pains in locating the receipt for the accounts in question. What we do have, is other receipts and can get a witness statement from our accountant stating that he has also sent in documents and they have not been registered on the company record. REQUEST Support to compile a defence given the information we have. Apologies for the long post, but hopefully it makes sense. Many thanks.
  10. Thanks steve/joncris for your comments. I've just got my finances sorted after a lot of turbulence with other bills, debts as well losing my job (still unemployed), so any kind of adverse credit reporting is gonna get me peeved to say the least!!!! I am trying to avoid a judgement at all costs, but not necessarily avoid payment. ok Reading through posts and receiving comments is a lot of info. to take in, so i'll now try and consolidate what I understand. 1. acknowledgement in any case 2. negotiate for instalment payment 2.1 acceptance=request for withdrawl=happy (no ccj) 2.2 refusal=defense (part admit & ccj is not an option) 3. defense based on poor particularisation, (only copies of invoices & previous cheques attached- does not make sense. the invoices & cheques they provided don't add up to the amount of their claim) therefore court request for booking form & statement of account to acheive overiding objective 3.1 or embarassed defense? 3.2 or CPR? (not sure which one though: 31.18 i think as they've provided copies of invoices) the request would be how they came to the figure in the claim based on what they provided. 4. clarification received via 3= request 'time order' before hearing 4.1 no clarification= embarassed or strike out? Thats my take, please direct my above points/questions in accordance with me trying to avoid a judgement and please also indicate timescales (served 20th). Any template letters relevant to a suggested route would be of great help. Being a bit more calm, i have also seen that the form has my friends business name also! is this significant? Your thoughts???
  11. looking through CPR: the claim form states a value and not a statement of value! is this significant??
  12. thanx 4064: how would I go about the 'time order'... again, does this mean the CCJ is applied in the meantime?
  13. can the company agree to me paying in instalments without now going to court/hearing?
  14. what do I do about the incorrect address. Supply this on the form or send a letter to the court or both? What if I use my friends address?
  15. if i admit to part of the claim will I still receive a CCJ?
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