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pickledbeaver

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  1. What date was the claim issued?They have a maximum of 28 days from the date of service to file a Defence. Are they out of time?
  2. Sorry if I confused you. Because they have filed an Acknowledgment of Service they have 28 days from the issue date (the date given to you on the Notice of Issue form) to file a Defence at MCOL. Once they have done this you will be sent a copy together with an Allocation Questionnaire and a Notice of Transfer -(the file will be moved to your local County Court).
  3. Don't know if they could do it without you signing an Agreement- banks are very fond of hiding behind Agreement's.
  4. A lot of people give up so they make it hard in the hope they won't have to pay up. Most banks say you signed an agreement so they can take your money. But as a judge once said to me, I can sign an agreement to murder, doesn't make it legal though!!
  5. Hi,From the date of issue the Defendant has 14 days to file an Acknowledgment of Service or Defence. If they do this the Court will send you a copy and will tell you what happens next. If after 14 days from the date of issue have passed nothing has happened, then you can apply for judgment by default. Complete the Notice of Issue form and return it to MCOL. You can then look to enforce the judgment.The bank may cry that they did not receive the claim form and make an application to have judgment set aside but if they do, all the costs are added to the claim.
  6. At this stage don't add the interest. Just write on the particulars of claim that if successful you wish to claim statutory interest of 8%p/a.Once the form is completed and signed take it to the County Court (at least 2 copies- 3 if you want one back).They will then issue the claim and serve it on the Defendant by first class ordinary post the same day. You will also get a Notice of Issue providing you with your claim number and what will happen next- this usually takes a couple of days.You need to make your cheque payable to HMCS. If you are on a low income or benefits ask the Officer at the Counter for an EX80A form which you can complete- you may not have to pay the court fee!
  7. Statutory interest charge is 8%p/a.Court fee is £50 unless you are on any benefits- then you could claim exemption.
  8. I managed to settle one out of court and my other claim has another 3 days before I issue. I provided EGG with my email address 'should they wish to contact me'. I think they realised I am aware of how many of these cases are issued and what a poor position they are in.Stick with it you will win!!
  9. A lot of banks don't think people have the [email protected]@s to go ahead and claim and are sending out standard letters. usually, once they receive the Small Claims Summons and realise you are serious they enter into more meaningful negotiations.
  10. You should note that unless your son is under the age of 18 and is not a 'vulnerable person' it is unlikely you could be appointment as a litigation friend and you could therefore not legally act for him. You could complete the paperwork but it must bear his signature and if you go to Court, he would have to attend and you would not have right of audience before the judge.
  11. Most County Court hearings take place in a small office known as District Judge's Chambers- it is not a Court room like you see on TV. You need to file any and all papers upon which you intend to rely on at the hearing, and a list of any witnesses you intends to call, not later than 14 days before the hearing.Make sure you get something from the Court office to confirm you have filed it.You can also asak the Court for a County Court leaflet which will explain what happens when you go to court. Small claims are entirely different to criminal trials.
  12. Hi, I deal with these all the time. First off you need to make sure either you or the Court have a letter from the Claimant confirming the debt has been paid in full.If payment has been made within 1 month of the entry of judmgent you then write to the Court with the fee of £15 asking for a Certificate of Cancellation enclosing a copy of the letter from the Claimant. This will remove the entry completely.If payment was made after one month of the entry of judgment you need to do the above but request a Certificate of Satisfation. In this case the CCJ will still show but will show as being paid.If it is the case the CCJ has been made without your knowledge you need to apply to have Judgment Set Aside. The fee for this is £35 and needs to be done on form N244. A copy of theis can be downloaded from Her Majesty's Courts Service - Home.
  13. The Financial Services Authority allows banks 28 days in which to deal with complaints. If you have clearly stated you are allowing them 14 days only, then send a 2nd letter on the expiry expressing your dis-satisfaction and giving them another 7 days after which you are entitled to begin court action. Keep copies of the letters as they will show the District Judge that you have been in communication with the bank and they are being uncooperative.
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