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AndyOrch

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AndyOrch last won the day on April 15

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  1. If you do get a letter of Claim and or Pre Action Protocol pack 15. Where there has been non-compliance with a pre-action protocol or this Practice Direction, the court may order that (a) the parties are relieved of the obligation to comply or further comply with the pre-action protocol or this Practice Direction; (b) the proceedings are stayed while particular steps are taken to comply with the pre-action protocol or this Practice Direction; (c) sanctions are to be applied. 16. The court will consider the effect of any non-compliance when deciding whether to impose any sanctions which may include— (a) an order that the party at fault pays the costs of the proceedings, or part of the costs of the other party or parties; (b) an order that the party at fault pay those costs on an indemnity basis; (c) if the party at fault is a claimant who has been awarded a sum of money, an order depriving that party of interest on that sum for a specified period, and/or awarding interest at a lower rate than would otherwise have been awarded; (d) if the party at fault is a defendant, and the claimant has been awarded a sum of money, an order awarding interest on that sum for a specified period at a higher rate, (not exceeding 10% above base rate), than the rate which would otherwise have been awarded. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct .
  2. If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
  3. Not Evris offer, the court offers mediation service. All claims proceed to hearing if mediation fails /not happen. Why do you not wish to attend in person to stand your claim ? Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation. https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007 Andy
  4. Yes and will ask you if you are in agreement and or wish to add /remove any direction.
  5. Then thats all that matters they have your correct address. General Data Protection Regulation Right of Access Request is a DSAR request . .
  6. Then yes . "The assignee is unable to comply with section 78 of the credit Consumer Act 1974 and is therefore prevented from enforcing the agreement until such time it can comply." .
  7. Have you previously requested the agreement by a CCA request ?
  8. https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126
  9. Hearing fee refunds have been abolished anyway so Removal of the ability to claim a refund of the trial fee if the matter settles or is discontinued after the hearing fee has been paid; • Changes to the time hearing fees are due and payable to Court – these will be amended to 28 days prior to the trial date or the start of the trial period
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