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AndyOrch

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AndyOrch last won the day on April 15

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  1. Upload a redacted copy of their statement (+ Exhibits) please.
  2. Then leave it just proceed with the claim( strike out/SJ application are risky).....the defendant will not be permitted to rely on written evidence (documented) only verbally as they failed to comply with the N157 (unless they have filed with the court and failed to serve you a copy) ?
  3. Did the N24 invite either party to submit a statement ?
  4. In most cases, if you have a criminal record the police will retain this information for your entire life. However, as long as the offence isn't considered a specified offence, a criminal record check could come back clear after 6-10 years.
  5. Requires a hearing unless you inform the court within your application you will not be in attendance pursuant to CPR 27.9 (you will still have to pay for a hearing as its an application on notice. Far better way and cheaper is to push the court to strike out for none compliance of directions as per their Notice of Allocation N157 rather than going for strike out /summary judgment.
  6. Correct but wont stop them chasing you though even if no payment for 6 years (statute Barred) Some DCA s buy debts (the debt is assigned to them) and some do issue court claims ...just so you are aware. Andy
  7. Thats because this claim has not been allocated as yet hence the above hearing *Case Management " to determine the directions (N157 Notice of allocation) which will follow after this hearing. You are not requested to submit a statement but have all the details with you (claim form defence CPR CCA etc etc) Andy
  8. Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
  9. Still not applicable to a defence irrespective of allocation
  10. No......CPR 31.14 does not technically apply to Small Claims Track anyway Reply to defence and defence to counterclaim 15.8 If a claimant files a reply to the defence— (a)the claimant must— (i)file the reply with a directions questionnaire; and (ii)serve the reply on the other parties at the same time as it is filed; and (b)the reply should form one document with any defence to counterclaim, with the defence to counterclaim following the reply, unless the dates on which they are due to be filed differ from one another.
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