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paulo1

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  1. so it is enforceable then? if i have to pay it i will just put it on a credit card and take the hit, but would i get a CCJ, that's what is confusing me the most?
  2. it was transferred to my local county court, and this writ is from a different court. n.b. if it is a CCJ? do i have 28 days to pay it to have it cleared? and also I just checked my credit file, there's no CCJ on it? on the letter under enforcement details, it states, details of the court judgment or order or enforcement power by virtue of which the debt is enforceable, if this helps.
  3. i've just checked my details with trust online, there's nothing registered against me?
  4. Hi, i have checked trust online, i have nothing issued again me. the form n24 is a general form of judgment or order, the further down is states 'it is ordered that' 1, the defence shall be struck and pursuant to part 24 of the civil procedure rules, judgment given for the claimant in the sum of £xxxx, 2, the defendant shall pay the claimants costs in the sum of £xxxx, 3, the aforementioned sums shall be paid by 4pm 29th March, 2016.
  5. need a little help. i got a court date, but i missed it (long story) then a letter arrived from the courts on a 'General for of Judgement or Order' Form No. N24, i called the court office, they advised it was not a CCJ, and if i did not pay it would be processed for a CCJ. i left it and waited to get some more correspondence, this happened last week from the solicitor telling me to pay, again i left it again and waited to see if i would get something from the court, instead today i got a letter from from high court enforcement group, a notice of enforcement. firstly is this enforceable as i did not and do not have a ccj from the court? any advise would be greatly appreciated.
  6. ok, so i am preparing my defence, below is what I have so far, could you review it and tell me if anything needs changing/amending. Particulars of Claim 1.The claimants claim is for monies due from the defendant based upon a personal guarantee dated ...... signed by ......... Wherein the defendant promised to pay the claimant all monies due to the claimant from the company, should the company default in their payment. 2.The company named in the agreement has now defaulted and have not paid the claimant, and now the claimant seeks to invoke its agreement and seeks payment from the defendant. The defendant has been provided with a copy of the said guarantee. AND the claimant claims the sum of ....... TOGETHER with interest pursuant to section 69 of the county courts act 1984 from .......... to ........... at 8% per annum being .......... and further interest on daily basis until the date of payment or request for judgement at the rate stated for the principal sum the daily rate being ...... 3. Claimant has complied, as far as is necessary, with the Pr-Action conduct practice direction. costs ........ Proposed Defence 1: Paragraph 1 is denied .Misrepresentation – the document headed ‘Trade account card agreement’ and for it to be a Personal Guarantee is misrepresentation by the creditor. 2: Paragraph 2 is denied .I did not sign the form in a personal capacity but as a director of xxx Ltd. It is further submitted that if this application form is found to be a guarantee it has unreasonable indemnity clause within the meaning of unfair contract terms act 1977 (‘’the 1977 Act’’). The form that is the subject of this guarantee was between the claimant and xxx ltd. My involvement is a guarantor was purely a personal matter between myself and xxx Ltd. 3: My trade or profession is not that if a guarantor and I did not provide this guarantee in return for a fee or commission. It is therefore submitted that I was ‘’dealing as a consumer’’ within the meaning of section 12 of the 1977 Act (R&B Customs Broker Company Ltd v United Dominions Trust Ltd [1987] EWCA Civ 3). 4: As a result of the above case, the guarantee must be reasonable and it is submitted that the guarantee does not meet the reasonableness test of section 11 of the UCTA1977 Act and satisfies the requirement of reasonableness to show that it does. 5: It is my belief that the guarantee does not met the reasonableness test for the following reasons. 6: I had no intention of entering into a Personal Guarantee. 7: What is purporting to be a personal liability on xxx Limited and not myself personally? 8: It has been shown above that I am a consumer in this case. Under the unfair terms (consumer contract) Regulations 1999 (regulation 8) an unfair term is not binding on the consumer and therefore I cannot be held liable of the xxx Ltd debt. 9: Under regulation 5(1) of the UTCCR, a contractual term that is not individually negotiated will be regarded as unfair if, contrary to the requirements of good faith, it causes a significant imbalance in the parties rights and obligations arising under the contract, to the detriment of the consumer. The application form was clearly pre-printed and was a standard form of the claimant and therefore cannot have been individually negotiated. By trying to pass the liability of a third party to myself, without my knowledge, there has clearly been an imbalance in the parties’ right and is to the detriment of myself financially. 10. On the 9th Nov 2015 I sent a formal request for a copy of the Personal Guarantee Agreement to [Claimant] under CPR 31.14. 11. The Claimant has failed to comply with CPR 31.14, they have only supplied the ‘Trade Account Car Agreement’ therefore paragraph 3 is denied. 13. Under Civil Procedure Rule 16.5 (4) Wherwhere claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed. 14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. 15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment. 16. It is denied that the Claimant is entitled to the relief as claimed or at all.
  7. yes and it's how I read it, but surely this is not the correct way of drawing up a personal guarantee, especially as they are referring to it this way!
  8. this is all it contains as mentioned in earlier posts. I, the director, agree to guarantee performance of all the company's current and future financial obligations to Trade UK including any subsequent increase/s in credit limit.
  9. thank you very much, it is due 30th Nov. I think, the court documents were dated 2nd Nov.
  10. i have rang them twice, they say they will get back to me, i've emailed them once....nothing. i'm not chasing anymore, they don't have one I know they don't as the trade credit agreement is all i have signed. how do i prepare my defence, what should I put in it, does anyone know? Thanks in advance.
  11. hi, so they replied and say the conform with the CPR31.14 duties, they say they sent the from twice and made phone calls!, but like i said earlier they are sending it to my accounts address (who i no longer deal with) and calling a phone number which does not exist. all they have provided is the trade credit agreement, no personal guarantee (there is'nt one) they also sent the reply to my accountant even though i gave them my home address!! what do i do now?
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