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Showing content with the highest reputation on 14/03/19 in all areas

  1. 1 point
    Appears to be their lates tactic at the moment...heres another.. You cant request a stay on the N180 small claims track...only N181 Fast Track ? https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688466/n180-eng.pdf
  2. 1 point
    You cannot force the Def or their legal representative unfortunately. CPR PArt 6.20 states that documents can be served by ...(d) fax or other means of electronic communication in accordance with Practice Direction 6A; However, PD 6A states that to serve by email Service by fax or other electronic means 4.1 Subject to the provisions of rule 6.23(5) and (6), where a document is to be served by fax or other electronic means – (1) the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving – (a) that the party to be served or the solicitor is willing to accept service by fax or other electronic means; and (b) the fax number, e-mail address or other electronic identification to which it must be sent; and (2) the following are to be taken as sufficient written indications for the purposes of paragraph 4.1(1) – (a) a fax number set out on the writing paper of the solicitor acting for the party to be served; (b) an e-mail address set out on the writing paper of the solicitor acting for the party to be served but only where it is stated that the e-mail address may be used for service; or (c) a fax number, e-mail address or electronic identification set out on a statement of case or a response to a claim filed with the court. 4.2 Where a party intends to serve a document by electronic means (other than by fax) that party must first ask the party who is to be served whether there are any limitations to the recipient's agreement to accept service by such means (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). If you do not have their permission and they have not included their email on court documents, then you should not serve by email. Is there any reason why you cannot serve via post? There has been come case law recently about litigants in person and correct means of service and unfortunately so far it is in favour of serving by the CPR so its not worth risking an argument of documents being struck out as they were not served properly.
  3. 1 point
    as already said, their failure to respond to the CPR can be used against them but you dont wait for it, you can still use that stick later. Your outline defence is fine, no need to add the detail you have suggested, it may tie you to a particular point that isnt that important and thus lead you down a blind alley. Your photo may well completely stuff them later when the lack of breach is expanded upon but is part of only 1 facet of your argument a general point is good at this juncture. Now what Mrs O'Frog has pointed out is that you can rubbish the wording for the claim as for example not saying whether it is for money due as a contractual agreement or for breach of contract, the POC is too vague to show a cause for action against you as it failed to say in what capacity you are being sued etc. again this wont be a magic bulelt but it will usually cause the judge to look at their claim with a jaundiced eye and make them prove every aspect of it, esp if they have employed a solicitor to prosecute it as they should know what is what That will place you at a slight advantage on the day if it gets as far as a hearing.
  4. 1 point
    I like it that they say that the letter is their final demand. That means they got paid to write just one letter. Also ask her indoors' friend when she signed a credit agreement with Trace as without one they cant lawfully add their unicorn food tax as they are currently writing to the keeper of the vehicle. I reiterate, honesty isnt somehting these bandits are familiar with
  5. 1 point
    Yes and the dates the directions you must comply by .... to submit your statement and disclosures
  6. 1 point
    A dca cannot do court they do not own the debt its says our client then may instructed etcetc LbA from sols is the only letter we need to here about if if if one ever comes........
  7. 1 point
    I would take that as a pinch of salt...if they wanted to stay it for a month ...they shouldn't have proceeded to the DQ. Notice of transfer of proceeding letter next informing you of transfer to your local county court and offering mediation services. Then Notice of Allocation (N157)if mediation fails or does not even happen, informing you of the court directions and what you must do next in preparation for trial.
  8. 1 point
    Time to abolish it,a Review will be a whitewash, just like squaddies of yore blancoing the coal for the Genral's inspection.


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