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Everything posted by gigglemal

  1. Thanks for the quick response Andy - have done as suggested
  2. When the orders mention 'serving' and a deadline, is that only for submission to the court or should I receive the documentation also? As it stands, I haven't received any particulars, agreement, statement or default notice - only an email from ML confirming they have "booked the allocation hearing" and will call me at that time. Is it worth me emailing the court to note that I haven't received any documentation by the 'no later than' time?
  3. Thanks for all the advice and help @dx100uk and @Andyorch - all very much appreciated, and I've made a donation (and hope to make another soon). Keep up the great work!
  4. Yep, I understand your view but in the scheme of things, I felt it was more important to at least show willing to the Court rather than miss the hearing. As it stands, I feel it maybe worked out better because at least then I was able go back to the Court and they then put me through to the Judge (and we had a nice chat). The Judge made his order and a few comments to me which I found helpful and worthwhile If I hadn't had at least tried to call Moriarty, I doubt they would have put me through to the Judge. What do you reckon will happen next? ....
  5. @dx100uk - the Court advised me to call them when I rang in as the allocated time for hearing came. Court gave me a number to call them, and when they didn't/couldn't help, I rang the Court back who then put me through to speak with the Judge. Both the latest and the previous correspondence from the Court stated Claimant's Legal Representative is ordered to arrange the telephone conference.
  6. Latest news (so far) on this. Moriarty were supposed to arrange a teleconference, I didn't hear from them so rang the court and I (luckily) managed to speak with the Judge. He has ordered for Claimant to file and served amended particulars of claim setting out all facts on which they rely and producing a copy of the orginal agreement, an account statement and the default notice. To date, I haven't recieved any updates from Moriarty, although there are a few days untl the re-arranged allocation hearing.
  7. Thanks Andy & DX for your helpful explanations, as always. I was just wondering if there'd be any expectation for me to be involved or have to answer anything but you've allayed that. When I mentioned strategy, it was more of a general thing other than this hearing. In other words, as I understand it - it is for Moriarty to comply with disclosure as per DQ - ie documentation etc. - and until then, for me to take the view there's not enough information?
  8. So what should be my strategy overall then? I want to try to do all I can to ensure I'm doing the right thing, but Moriarty haven't provided any of the requested docs. I don't want to be seen as ignoring them, especially as they've made two attempts to contact me. Equally, if there's not much I should be doing other than await the CMC I'd like to at least prepare however best that may be. I'd just appreciate guidance or reassurance on what my best course/s of action is/are w.r.t to the case. For example, should I keep back all my concerns and points until after the CMC, raise them with Moriarty, resend my original request for disclosure of documents - or just wait?
  9. Also, please excuse me if I've missed something, but the Notice of Allocation or Listing Hearing I've received doesn't mention/refer to the term CMC anywhere on the form.? Thanks Andy. So if they do turn up for a MultiTrack Claim, what is my best strategy for the case overall? I've read other threads whereby Moriarty not turning up the case will be thrown out, but in this case that doesn't seem likely. ADCB are well aware of the situation since I left UAE, and not a lot has changed since then - not least that I'm not working, in a DMP already and have no assets/savings. Do you have any thoughts on the jurisdiction issue?
  10. Thanks for your feedback DX. I'm very keen to "play this right" so any advice is always appreciated and gratefully received. I was mindful though that since agreeing to directions, I haven't heard anything back in writing from Moriarty. They tried to call once and emailed once. I'm looking for guidance if I should write to them or not, as I don't want it to seem that I'm not engaging with them. After all, the stay was about ADR so I'm looking for the best way to play it.
  11. Thanks DX - so what is likely to happen on that day do you think? Andy previously mentioned it seems they are looking to discuss question about jurisdiction (as does the court's letter). I seem to recall it's generally held that Moriarty don't turn up to court. Will that be a factor in this case - it's in the North West.
  12. Update - I'd received confirmation that the case has been allocated to my preferred (local) court and also that the District Judge has considered the statements of case and directions questionnaires and decided a hearing is necessary before a final decision about allocations can be made. Reason for heating - to consider track and jurisdisction. -- How should I prepare for this? Any advice or insight as to what to expect, or opinions would be gratefully received. Also - Moriarty rang my home phone number and emailed yesterday. I still have not received any correspondence as per my request in December. I'm wondering what the ideal next step would be for me to take? I don't want it to seem that I'm not trying to engage with them, after all they suggested a stay for ADR but I'm unclear on best course of action. Should I for instance resend my request for documentation to them?
  13. Thanks Andy - I've wrote to them & Court confirming agreement to their directions.
  14. Thanks to you both for helping to clarifying. Apologies if I'm ovethinking or looking into this too deeply, but it is a lot to take on board, thus easy to fear the worst. Yes, you're right - I've misread their directions/N181. I'm just concerned that I've missed something, especially when I receive communication to say DQ not received. If I have submitted my N181 form, the court has been changed accordingly what other steps do I need to do? If it's just to agree the directions, what is the usual/best way to do this? I'd read previously to not share any address, email, phone or other contact details with Moriarty so the bit I'm struggling with is how to communicate acceptance. I thought maybe a printed paper with something like to confirm I agree with directions with my name and claim reference on? @dx100uk - it was just the jump from the relatively simple step of filing defence (with yours and Andy's help of course - thanks!) to trying to understand all the directions/words they'd used, added up with the query from Court about needing to agree directions within 7 days. One can't help fearing the worst in these things - all the legal stuff is a lot to get my head around sorry.
  15. The other concern I had - apologies if this sounds OTT in advance. Their Directions reference search & electronic property; do I take it they say that so they can come and search my address for devices? That doesn't seem fair when I've asked them in advance for appropriate/relevant documentation that they haven't sent. I could go back through my emails, messages and other records and reference all the contacts I've had by their representatives - should I wish to - which would not favour them I don't think. The majority of what I've read so far seems to be based on getting towards Court date, in the knowledge Moriarty don't turn up. My worry would be - what if they did? Common advice is to keep correspondence primarily with Court but not give personal info to Moriarty - and I'm just bothered they could (according to how I've read those Directions) request a search at home address.
  16. Thanks as always for your help Andy - you do a great job for us lay-laymen out there. How do I formally confirm agreement? I have emailed the Court because I was concerned about the short timeframe but also them saying they hadn't received my DQs. For completeness and peace of mind, I send the N181 again to both parties and emailed the Court - and confirmed agreement with the Directions. I will read up more on the Jurisdiction aspect too. Your explanation is very good but I will need to dig deeper to understand the impact. Why would Moriarty challenge that do you think?
  17. Hi Andy, I've received a N271 notice of transfer to my local court (so CCBC at least received my 181). I mention this as I also received a N24 to say they haven't received my DQ yet - although they must have (I guess) to get the court changed. I'm worried as I need to get a response/my PD to them ASAP - today really. I'm sorry but I don't understand the Jurisdisction & agreement point, please could you explain more?
  18. Cheers Andy - as requested, hope these are okay? aha, tried again - with hopefully smaller file sizes, so (fingers crossed) 181 and Proposed Directions DO Proposed Directions_R.pdf Form N181_R (optimized).pdf
  19. Thanks Andy. One concern I have is in their Disclosure Report, they have referenced my premises & 'Computers & Laptop', yet in their Electronics Documents Questionnaire they have only referenced ADCB as custodians/creators. My concern being, it seems they should offer their agents - ie. DCAs (who made situation worse with false promises, contradictions etc.). Also, they have mentioned a person in ADCB as witness for video link. Should I list the amount of people I've had discussions with also previously? Should I raise my concern somehow now, or later? Other than that, I agree with their directions.
  20. Don't worry DX - I don't intend to. Just need to be a bit reassured on how to tread carefully and go about things the best way to achieve that. I learned my lesson the hard way by paying last time and it only ended up worse for me. As I understand it, I should be seen to willing to discuss with them in terms of agreeing their directions but it's up to them to comply with my requests for the documentation (as requested before, still outstanding). Question - I have oodles of messaging (mainly electronic etc.) but feel I don't want to disclose at this stage (show my hand) as I would like to play it that they have to show me the docs first. Agree?
  21. Thanks Andy, I need to delve into this a little further to be clear on a few things. For some reason, I seemed to think the strategy was to ask for mediation on the basis of not being able to make an informed decision (as they haven't submitted the docs I requested). I also had the view that it was to direct to courts/process rather than communicate/agree directly with Moriarty. My underlying issue is that I've previously explained my situation to ADCB & their reps, in that I've not worked & what little income I have is taken up by my DMP. I'd be open to discussion to a resolution but they've contradicted themselves several times (or at least their agents have) regarding things like freezing interest or setting up an agreement, instead they want a lump sum. It feels like I've gone in circles so I honestly don't know the best way forward - other than follow the process as you guys have helped with thus far. I am happy to agree to a stay - if it gives a chance for progress.
  22. Thanks for the reply Andy, always appreciated. I received a DQ from them 1 day before deadline, along with Electronic documents questionnaire, disclosure report, a costs budget and a proposed order for directions. They mention in ADR a stay from until early April. I've since received notification of allocation to local court & request to submit my directions, which I'm hoping to do by tomorrow.
  23. Thanks Andy - I managed to send as suggested however I couldn't submit direction in time. I received/saw Moriarty's response on the last day before deadline, so couldn't reply in time but I did submit the other docs. What's the best way to submit my directions (is there a recommended template) and to request mediation?
  24. This may sound a daft question but the 'To Be Completed By' section was blank. Should I write my name in it, or if it didn't would it be an issue? Just wanted to double-check as didn't want to leave blank if I was supposed to complete it.
  25. Thanks - I think I will stick to the hard copy/old school way. I've gone through the form now following the advice as above (very helpful - thanks). Does it matter if I send photocopy to the Court, or should I keep the photocopy myself and send the original? Just to check - I only have the 181 to complete. I can't seem to find any other correspondence that I need to return. I'm just wondering how I "file proposed directions" with the DQ? Also, should I keep the 'signature' box blank on the Claimain'ts copy or just the name/reference number section?
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