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mark1963

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About mark1963

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  1. hi there my brother in law had to sit in on a meeting yesterday after the initial redundancy letters received. at this meeting they offered him 12 weeks notice as per statutory law etc.., however they were not aware of his written contract of employment which states he must have a 52 week notice period plus use of company car . as it states this in writing can they still legally enforce the 12 week notice period under redundancy? they have asked him at this point to continue his normal work and they will get back to him. all advice will be greatly appreciated
  2. we have a three year old house which has the nhbc certificate.however the clause for interior fittings expired after 2 years. in the block of 9 houses 6 have had issues with laminate surfaces cracking or falling off the kitchen units. we have had the kitchen manufacturer visit the site who was suggesting a heat and moisture issue. to date they have offered to supply only replacement panels. we have to collect them from the retailer the builders purchased them from and obviously have to pay for removal and refitting. to my mind this does not sound fair when these units are nearly 3 years old. can anyone suggest a course of action we can take as a management group?
  3. hi andy i sent the defence via email to the court on the basis of the info you gave in post as one above. got an email confirming receipt and then today got a letter from court worded as follows CASE NUMBER 3QV18412 LOWELL PORTFOLIO I LTD RE:LOWELL FINANCIAL LIMITED -v- XXXXXXXXXXX I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen. Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to ajudge for an order lifting the stay. For Court to date have had no reply again concerning documents from bryan carter
  4. cheers andy as we dont have any knowledge of what they are claiming for how do we lodge a defence? we have requested the information as per previous part of thread but they have not stated they will get this to us in time? all i need is some help in compiling a defence in words /template.that is what i meant. i would rather do this earlier than later can you help like you first suggested in the earlier part of this thread cheers mark
  5. hi there can anyone please help me with a template defence letter to email to court?
  6. hi andy please note the latest letter received today after i had emailed them. LOWELL PORTFOLIO 1 LIMITED v HARLAND CLAIM NO: 3QV18412 OUTSTANDING BALANCE: £ We write further to your recent communication the content of which has been noted. We confirm that the Claim was issued on 3 October 2013. You have filed an Acknowledgement of Service which provides you with an additional 14 days to file your defence, being 6 November 2013. Please note that Part 15.5 of the Civil Procedure Rules allows us to offer you up to an additional 28 days to file your Defence. You are not entitled to an additional 28 days under Part 15.5, we have agreed to an additional 14 days for you to file and prepare your Defence, being 20 November 2013. If you are not in a position to file and prepare your Defence by that date then you must contact us. We recommend you seek independent legal advice. Yours sincerely BRYAN CARTER Manage uour cant spell manager!! where do we go from here now please
  7. cheers andy i think you said the 4th. can you compile a defence for me asap as ive gone down with the flu:sad:
  8. cheers andy i cant log in to the mcol site for whatever reason. can you remind me when i need to lodge a defence?is this done by the mcol website?
  9. thanks andy still had trouble logging in so sent the form via email. got a response from them saying had received.i have forwarded this to bran carter so they the AOS has been done. i will email them and ask for the 28 days you have mentioned.i have not rung them as prefer to avoid confrontational calls what is the next step from here with regards to any further communication or defence? regards mark
  10. thanks andy have done this today as above. i have received a letter today with the following content. Dear Mrs XXXX LOWELL PORTFOLIO 1 LTD v XXXXXX CLAIM NO: XXXXX UTSTANDING BALANC~ £XXXX We write further to your letter dated 14 October 2013 requesting disclosure under Part 31 of the Civil Procedure Rules and request for an extension. We confirm the claim form was issued by the Northampton County Court Bulk Centre and the Court's protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this Court. We confirm that the Claim will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. We confirm that we have nevertheless requested documentation from our client and hope to revert to you shortly, although this will not be within seven days. It is the original creditor's policy to issue any agreements on or around the date of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records. We confirm we are agreeable to an extension of 14 days to allow you more time to prepare and file your defence. Please note that we have not yet been informed that you have filed the acknowledgement of service. As you will be aware a Claim was issued in this matter on 3 October 2013. Please respond to the Claim using the Response Pack provided by the Court. You should comply with the deadlines outlined by the Court in order to avoid a Default Judgment being entered against you. We recommend you seek independent legal advice Yours sincerely BRYAN CARTER can you now advise the next step please
  11. hi andy just tried to do the aos online.their website is not working correctly!! they suggested that i complete the manual form/ scan and email to them.i have looked at this and have a question.do i have to put our address in the documents to sent to box? i assume that i tick intend to defend box (1)? then assume wife signs the form?? cheers mark
  12. hi andy just tried to do the aos online.their website is not working correctly!! they suggested that i complete the manual form/ scan and email to them.i have looked at this and have a question.do i have to put our address in the documents to sent to box? i assume that i tick intend to defend box (1)? then assume wife signs the form?? cheers mark
  13. cheers andy is it pertinent to acknowledge service as of now? the recorded delivery will be in their hands tomorrow.
  14. thanks andy am sending letter to carters tomorrow did you say yo were drafting a defence for me?
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