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mjt2013

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Everything posted by mjt2013

  1. So number 2 is the section that deals with a failure to comply with the order?
  2. So what has actually happened here? Has the court granted an order for sale?
  3. Why is your sister liable for half? Just saying so out of a sense of duty will not change the legal position, is there any legal basis for her liability?
  4. I imagine an admin thing, either there's a backlog or you've fallen off the system due to an error!
  5. It's not been assigned then, the funeral directors still own the debt but they've instructed Redwood to chase it.
  6. You could of course sell your house if you can't pay the mortgage and then take local authority accommodation if available to you.
  7. You don't have a human right to have your mortgage interest paid for more than 2 years! How is this a breach of the Convention?
  8. The Tomlin order remains 'valid' in the sense that it continues to exist but obviously you've breached it. Usually the order will specify the consequences of breach such as the Claimant being entitled to lift the stay and request judgment so you may want to double check the order itself. On the other hand the Claimant can't be forced to exercise it's rights following from the breach so if they just want to leave it then they can, as odd a decision as that may be.
  9. Firstly, are you sure this is a small claim case? Is the amount less than £10,000? Secondly, if they have solicitors then ask if they are instructed to accept service. If not, have a look at Part 6 of the Civil Procedure Rules online and this will tell you what you need to do to effect valid service.
  10. There is a very good chance of having the judgment set aside on mandatory grounds as service was not effected. CPR r. 6.9(3) requires a potential Claimant to take "reasonable steps" to ascertain a Defendant's address where they have "reason to believe" that his usual or last known address has changed. It seems that you told them your son lived elsewhere and they ignored you, they should have tried to get his address (or at least asked you for it) and it seems they didn't. If a claim isn't served properly then a default judgment must be set aside.
  11. I'm not sure why you think that's a laughable question because it's very common to buy a car on HP and it has a huge effect on the answer to your question because it changes who the legal owner of the vehicle is. Anyway, I was just trying to help you to be clear so you would get accurate advice but I'll leave it for others to bother with.
  12. How did you get the car? Is there any HP involved?
  13. I haven't read the whole thread so apologies if it's apparent but why do you say that?
  14. I know, I'm just making you aware that telling the court doesn't change the rules.
  15. What do you mean the court is "on notice"? You have a set period in which to appeal otherwise you'll need specific permission to appeal out of time, you can't really say you're going to mull it over for longer.
  16. My understanding is that any type of debts can be merged as long as they're all owed to the same creditor and relate to the same debtor.
  17. If a claim is stayed it's put on indefinite hold without a decision being made about it. An application can then be made to lift that stay if either party wants the claim to proceed again.
  18. Yes, otherwise people would dispute an account for spurious reasons to stop an assignment. It's disputed accounts which tend to be good candidates for assignment because the original creditor can't be bothered to chase the debt.
  19. What would your damages be against them if you are already suing the builder himself?
  20. FYI the first three points you raise in your first post will not help your app to set aside. You should focus on the other points.
  21. Forget harassment and defamation, just deal with the claim and bat it away.
  22. The parties didn't have permission to instruct their own experts, therefore the expert that has been instructed must be the joint expert referred to in the directions, therefore the parties should jointly bear the costs of their joint expert, therefore my statement was indeed factually correct. There's no need to muddy the waters here, it's quite clear what the position is.
  23. As it is a jointly instructed expert you should jointly bear the costs.
  24. Does the order start with "upon..." Was there a hearing for this or did the judge do it on the papers?
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