Lending money to a friend.

[Consumer dude]

Get a sar done ASAP.

 

Slagging the guy off on social media might make you feel better in the short term, but you don't want to give him any ammo to suggest to the judge that you are anything less than a fair and reasonable person who has been wronged as opposed to some mindless thug with an axe to grind.

 

I was frustrated and still am but I know your right. The idea that he will question and delay every thing and how much am I going to spend on this issue and not just in possible financial terms. Regarding SAR to credit card company, are they obliged to send ne duplicate statements..

 

How would I word any such a request..

[caro]

Click on the link to sar.

[Consumer dude]

Click on the link to sar. Ok, thanks I must stay positive and pro active..

[Consumer dude]

Another court letter today. It states an acknowledgment of service of your claim has been filed, a copy of which attached. (nothing attached). The defendant now has 28 days from the date of service of the claim form to file a defence.

 

His defence I wait with interest, not sure how he has the audacity to be foolish but hey ho..

 

I will send an SAR for all my credit card statements and to which I will enclose the £10 fee. How does the following request sound. I like to keep it short and straight to the point. To whom it may concern, This is a subject access request and to which I enclose the £10 fee. Please send me all correspondence that you have on me by return of post and to include all statements in this request. Your sincerely..

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request

 

Use or amend the SAR request in the link above !

[Consumer dude]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request

 

Use or amend the SAR request in the link above !

 

Do I need to put in all those words when all I need really is all my statements. Can't I just be more specific and straight to the point instead of adding in all this other stuff..

[Conniff]

Just get on and do it, they have 40 days to send you what you want, the court will have heard the case by then so they will be useless.

[Consumer dude]

Lets assume Defendant will put in a defence closer to the deadline, how soon after will there be a hearing..

[caro]

It'll be months rather than weeks, depending how busy the court is. It could be worth your while buying the Patricia Pearl book on small claims procedure. I found it quite clear to read and it's handy to refer to as you go through the process. Get that SAR off though because time has a habit of slipping by. As long as it clearly says it's a SAR and you tell them what you want that should be fine. As CB says you can adapt to suit your own needs. For all you know the defence may be that your POC doesn't have enough detail and he might apply for it to be struck out, so you need to be prepared.

[AndyOrch]

Or you could read our sticky :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation..-Court-Claims-Defences

[caro]

Or you could read our sticky :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation..-Court-Claims-Defences

 

Thanks Andy.

[Consumer dude]

Latest.. Take notice that this is now a defended claim. The defendant has filed a defence, a copy of which is enclosed..

 

It appears that this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the small claims Directions Questionnaire (form 180) and explain why..

[caro]

If you post up the defence then we can go over it to see the way forward. Small claims is right as under £10k.

[Consumer dude]

It is a sad defence, but here goes, I dispute all the amount claimed on this form and I am very worried as I will not be in England between March 31st 2014 and 4th May 2014. Can the court please defer this case until after these dates..

[ims21]

Is that it....word for word i.e. exactly as he has written it?

[Consumer dude]

Will the Defendant have also been sent a Directions Questionnaire (small claims Track) and if so will the same deadline be demanded of him.

 

Is that it....word for word i.e. exactly as he has written it?

 

That is it word for word in the defence box. He has also enclosed copies of credit card statements of his..

[caro]

What relevance to his cc statements have?

[Consumer dude]

What relevance to his cc statements have?

 

I will cross reference. Will the court expect both parties to attempt mediation..

[AndyOrch]

You could invite him to withdraw his defence not having any merit/ is pure denial and not CPR compliant....otherwise you will be forced to make application to strike it out and request summary judgment.

 

Andy

[Consumer dude]

Does his defence need to be contained within the defence box. What has he not done that is not CPR compliant ?

 

Will he also have received Direction Questionnaire as I have and if so wil he have to fill it in within 14 days as I am expected to..

 

I'm thinking what is my next move now..

 

With the papers I have received from the court is the defence (as already stated in the defence box) then other papers include his departure date out of the country. Also I have from the defendant two pages of his bank statements, also EX730 about mediation..

[AndyOrch]

Does his defence need to be contained within the defence box. What has he not done that is not CPR compliant ?

 

The whole of his defence/response

[Consumer dude]

The whole of his defence/response

 

His defence does appear to be vague to me..

 

Not really sure how to proceed with this questionnaire..

[steampowered]

Why don't you fill in the bits which are clear, and let us know which bits you are struggling with.

[Consumer dude]

The court said that under the civil procedure rules, that the parties should try to settle by way of mediation. Should I consider this as an option. Also would the defendant have received the same details as myself..

 

This is what I want to know fairly urgently. Do I now proceed for a hearing or do I indicate that I would consider mediation or am I just wasting my time on that one. Would the defendant have also received the same questionnaire that I have..

 

Ive looked at the form again and the question in A1 asks if I agree to the case being referred to the small claims mediation service. I am of the mind to tick yes as the wording of the Directions questionnaire states i must complete thr remainder of the form regardless of the answer to A1. What do others think ?

[steampowered]

Generally it is a good idea to agree to mediation. It won't necessarily lead to anything but worth a go. You have to complete the rest of the form regardless of your answer.