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merekatt

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  1. I would not have stopped paying at all if I had the choice, my I/E is presently in the negative. Therefore, I am struggling to meet necessities, council tax, electric, gas, etc. Is there anything to be gained or lost by offering a payment at this stage?
  2. Thank you for your response and kind words. I have tried the triangle already. I live in hope that more help will arrive soon.
  3. I have spent many hours reading many other threads but still unsure on what to do next. The POC is vague. I have made a CPR 13.14 request. The request has not been ignored or refused, it has been acknowledged with a statement "we will request it from our client and forward to you when we receive it." Nothing has appeared, I have filed a holding defence. Being a newbie, I do not fully understand the process, could somebody please help me. The CCBC told me the case will be transferred to a local court and I will be notified. What should I be doing now?
  4. If you are filing online and using Firefox web browser be aware that you may not get access just when you need it. Very important if left to the 11th hour as in my case. I was informed by the court that there is a "glitch" connected with Firefox web browser versions greater than v3 and the entry boxes for claim number and defence pack password. This results in an error message stating claim number or password incorrect even when they are entered correctly. They said they are working to update the site with a warning message. In the meantime use Internet Explorer (IE) or Firefox v3 or less. My Firefox auto updated the day before needing access and hence caught the glitch. Subsequent retries more than 2 will lock you out for 2 hours so even IE won't get you in. I ended up having to send by fax.
  5. Thank you so much for your response. I have not / will not speak to them on phone so no issue with calls. I am currently looking for all paperwork to check the figures. Nothing in the provided conditions at all relating to PPI, I believe it was mis-sold. The holding defence is in. They have failed CPR 31.14 so I am exploring further possibilities.
  6. Time is almost up. In the absence of further advice, I have no option but to file the defence as shown. I hope I am doing the right thing. I am fearful of being a lamb to the slaughter. Thank you kindly.
  7. Only three hours left to filing deadline. Could somebody please advise if this is the correct course of action ? Thank you kindly.
  8. I have been awake all night reading other threads in an attempt to help myself. The filing deadline for my defence is just 6 hours away and so far I have constructed the following; 1. The Claimant’s particulars of claim are vague and fail to disclose any cause of action. They appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR. 2. The claim fails to disclose sufficient information as required by the CPR - even making allowance for the Northampton Bulk Regime - the claim is missing vital information. 3. Without admission that any cause of action is shown by the Claimant, it is denied that the Claimant has a claim whether as pleaded or at all. 4. The Claimant has not supported the claim with the documents that the Defendant needs, to establish what contract it is that this action is based upon. 5. The Claimant has failed to comply with a reasonable request made under CPR 31.14 for disclosure and production of said contract as referred to in the claim. 6. Without clarification of the Claimant’s claim, the Defendant is extremely disadvantaged and the Claimant’s claim appears without merit. 7. Further to the above, the Defendant is unable to plead effectively or at all. The Defendant is embarrassed. The POC only contains the term "contract" so I have left out any reference to any agreement, DN or the CCA 1974. I have set out paragraph 5. so that the court may be aware of the existence of the CPR 31.14 request and the failure to comply. Please could I have some comments ? Thank you kindly.
  9. I am at a loose end now and need to file a defence within 18 hours. Could somebody help me with this please ? Thank you kindly.
  10. I found this in Practice Direction - Protocols; 3.1 A claimant may be found to have failed to comply with a protocol by, for example: (a) not having provided sufficient information to the defendant, or (b) not having followed the procedure required by the protocol to be followed (e.g. not having followed the medical expert instruction procedure set out in the Personal Injury Protocol). Is this what you were referring to ?
  11. I have looked under CPR on HMCS site and consequently at N1a and EX302. I also looked at Practice Direction 7C - Production Centre I cannot see any references to "a claimant should NOT start a claim unless he already has the evidence to support a cause of action" anywhere in these documents. Should I be looking somewhere else?
  12. As I mentioned previously, I am new to all this and so don't really know what I am doing. I am not familiar with the correct legal terminology and don't want to make any mistakes. Therefore, I would very much appreciate some assistance in drafting this letter. Thank you kindly.
  13. An envelope and address label is also ready now. Just need to know the correct format for the content.
  14. Ok, I have an empty letter formatted and ready to insert the content.
  15. Is there a template available for this letter? I could get one in the post this afternoon if I'm quick.
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