County Court Summons - can i defend it?**WON CASE STRUCK OUT*

[pt2537]

Originally Posted by shane5408

hiya Paul,

Just a slight observation, it would be amount of credit as a prescribed term in this case not credit limit.


kind regards,
shane

ARGH Bugger, yeah, i used cut and paste for that point and i didnt chance the prescribed terms ooopppsss,

yes it is a terms stating the amount of credit as opposed to the credit limit,
you can tell that one came from a credit card claim


cheers Shane, i finished it last night very late so i had planned to go over it today to make sure


cheers,

regards
paul

[stephen7]

hi all,
letter arrived and was not from them............ so no reply at all to me.
will hold off copying till you give the ok.
aand thanks again for your hard work
steve

[pt2537]

righty then,

been through the defence and amended it so its good to go unless anyone else has any suggestions

[shane5408]

looks pretty darn good to me mate! Any surprises along the way from the creditor can be dealt with skeleton arguments or further draft applications/motions if needed.

kind regards,
shane

[stephen7]

ok cheers,
just to confirm, i just send that, as it is, with the right details in.
i also have kept copies of the letters i have written to them, is it best to send those also?
also, what is the next stage?.... if there is one

[pt2537]

Hi, i would attach a copy of the application / credit agreement they sent you to the defence as per point 9

you need to change S7 to your initials then followed by a number "1" and head the copy the same, so you write Exhibit ** 1

oh i need to add one more line to the defence so bear with me

[pt2537]

right then, amendments done as far as i can see, all you need to do is as advised above

[stephen7]

right, have inserted the details, cut pasted and printed, will post them off tomorrow.
and once again, paul, thank you.
i am indebted to you
steve

[pt2537]

youre very welcome steve,

give me a shout when you hear anything from the court,

also if they dont supply the correct documents and they decide to press on with the case let me know and we will give em a big kick by sending the case manager at the court a nice little letter

have a good christmas and try not to worry about this

kind regards
paul

[stephen7]

will let you know when i hear something.
have a very merry xmas yourself
and a
HAPPY NEW YEAR TO EVERYONE

[stephen7]

hi all,
an update,
received a letter from the court stating they have passed on my defence to arrow, who have 28 days to reply, which would be about the end of january. or else the acrion would be stayed, whatever that means, so i guess it's just a matter of waiting again.
steve

[pt2537]

Hi Stephen
yep standard stuff, just a waiting game now,

let us know when you hear

regards
paul

[stephen7]

hi paul,
hope your xmas was good.
will let you know when i hear something
steve

[stephen7]

hi all,
well,
the 28 days has come and gone. not a peep from arrow or their solicitors, ( unless they have written to the court at the last minute, in which case i should hear from the court in the next few days)
but, what if they haven't written to the court, will the court inform me? just trying to find out what my next step is, do i contact the court? or just wait to see what happens?
regards
steve

[andyorch]

Hi Stephen

Sit tight and wait the claim will have been stayed due to the fact that you have actualy had nerve to defend their claim, and stopped them in the quest for summary judgement.They dont like you defending its creates work for them,If they revive the claim you will hear from the court in due course.


Regards
Andy

[stephen7]

thamks andy,
back to the waiting game again then, will post when/if i hear something
steve