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AndyOrch

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AndyOrch last won the day on April 15

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  1. Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
  2. Still not applicable to a defence irrespective of allocation
  3. 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.
  4. When you get chance a copy of the draft order attached to n244. Have they not attached a WS in support of their Application ? Andy
  5. I would file it earlier (7days) and serve a copy on the claimant/sol if represented
  6. Nothing to stop him preparing a statement in response to the application and reasons as to why the warrant should not be approved.
  7. Have to attend the hearing and present evidence of his financial position (income & expenditure) and statements ,and agree an acceptable payment plan with the judges guidance. It will be a form of redetermination hearing as already stated.The court will not agree to bailiffs if the financials do not reflect it or assetts are minimal. They just want to determine his true affordable disposable monthly figure....which will not be £10.
  8. If it was done via N245 and the payments are up todate then the landlord must make an application with fee for a redetermination. Can't execute with bailiffs can't do anything until he attends a hearing and presents his arguments ignore. Andy
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