mocster1985
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That is my defence and I have all relevent documents.The query was due to not being sure that if I won it wouldnt just be sold to another debt company hence not even bothering with defence and applying to get it struck it struck out due to non compliance of my CPR letter. Also why would I not contest a case where a solicitor has taken me to court with no legal documentation as well as charged me for his time when this hasnt been to court? I am still not sure what this about hence the CPR letter. And non compliance....If you send a CPR letter you should be prepared back it up hence asking about 4.4 and lack of actual documentation to bring a case to court. Thanks for the advice though I will just file my actual defence and see what the court says. Would it be considered rude if I asked for it to be struck out at the end of my defence ?
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Can I file this application before entering a defence? And would I just email the court or do I need a n244? Thanks
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Hi there . I was wondering if anyone has used non compliance of Cpr 31.14 as a defence in order to get the case struck out. I am due to put my defence on the 31st Dec. I have received no documents from Carters or any correspondence explaining why. Using practice direction 4.4 a which states that Examples of cases within the rule 2.1 The following are examples of cases where the court may conclude that an application falls within rule 4.4(1)(a) – (a) those which set out no facts indicating what the application is about; (b) those which are incoherent and make no sense; © those which contain a coherent set of facts but those facts, even if true, do not disclose any legally recognisable application against the respondent. 2.2 An application may fall within rule 4.4(1)(b) where it cannot be justified, for example because it is frivolous, scurrilous or obviously ill-founded. 2.3 An answer may fall within rule 4.4(1)(a) where it consists of a bare denial or otherwise sets out no coherent statement of facts. 2.4 A party may believe that it can be shown without the need for a hearing that an opponent's case has no real prospect of success on the facts, or that the case is bound to succeed or fail, as the case may be, because of a point of law (including the construction of a document). In such a case the party concerned may make an application under rule 4.4. http://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_04a Further to my original explanation I made a mistake and do not owe this money. It was sorted back then. I have all bank statements to prove this but would rather tryto get the case struck out.
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I believe the amount you can claim in small claims court for an expert is 750£ I previously believed it to be 300£ http://www.which.co.uk/consumer-rights/problem/when-should-i-use-the-small-claims-court- Also have you considered a no win no fee construction solicitors? I have personally never used them or know what they are like. But my head gets frazzeled by reading through the law just for my small case.
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My 2 pence worth as a roofer. The pitch makes a massive difference. 15 degrees is minimum for good reason. If the pitch is to low water moves backwards up the roof. It is called Capillary action. {http://uk.answers.yahoo.com/question/index?qid=20090412032206AA7oFPr] This causes water to run in. Secondly using the wrong screws is a bad choice. Velux windows come with specific screws which seal in the flashing . If the wrong ones are used......You need a specific hexagonal screw bit to do them up called a T5 https://www.google.mu/search?q=T5+velux+bit&es_sm=93&espv=210&source=lnms&tbm=isch&sa=X&ei=Tdi9UrLaH8qzrgfBlICgBg&ved=0CAcQ_AUoAQ&biw=1024&bih=666#es_sm=93&espv=210&q=T5+bit&tbm=isch&facrc=_&imgdii=_&imgrc=d7y7k9X50efJMM%3A%3Bfz2ijZhaxvSCHM%3Bhttp%253A%252F%252Fbutterflyknifekits.com%252Fimages%252Fproducts%252Flarge_267_6PieceTORXDriverBitSet.JPG%3Bhttp%253A%252F%252Fbutterflyknifekits.com%252Findex.php%253Fl%253Dproduct_detail%2526p%253D267%3B700%3B531 I think they may not have had it so used other screws. Also what type of tiles were put on the roof? If they were grainy or sand finished these also soak up water and do not work well on incorrect pitch. Also hammer marks on flashing? If the hammer has pierced the flashing this will cause leaks. Basically they do not sound like roofers. Take pictures of all of this and put explanatory note next to them. You could also get a roofer to survey the job and get written up to save on costs. Hope this helps a little bit.
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Hi there thanks for reply. There is actually no reply button on inbox
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I dont have sufficient posts to reply I think. It wont allow reply's.
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Hi Citizen B I received your message. How do I reply?
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Hi there. Is it possible to get my first post on this thread deleted? I have looked but cant find the option. Also thanks for the reply all duly noted.
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Hi if there is an Admin reading this could I get the first post deleted? Thanks
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I have never been in debt and have also had no problem getting contracts or credit cards in the last few years. I am not sure how the credit rating works. I was just wondering wether to go to court. I have a feeling that Bryan Solicitors has no evidence. If I send the letters am I right in thinking that if he sends no evidence it will not go to court? Also this matter was out of any credit agreement I had with 02 as it was down to a mistake on their part rather then me not paying my bills all of which I have done. Thanks for help btw
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So the issue date on the form is 29th October 2013. The claim is from when 02 wrongly took 160 pounds out of my account without permission then put it back twice. In a nutshell. I had moved house and realised later . By that time I was getting debt collection letters . Would it be better to just pay it? Also if it does go to court will I have to pay more costs?
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Hi there I looked it up I will do that.
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Thanks for the reply. Is there a letter in that you request information and if the soliciters do not reply within a set amount of days the case is void? I would rather avoid going to court. Also what is the letter you send to solicitors with a pound asking for all documentation. Does this apply?
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Hi everyone. Please advise I am a bit stuck.
