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AndyOrch

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AndyOrch last won the day on April 15

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  1. I would file it earlier (7days) and serve a copy on the claimant/sol if represented
  2. Nothing to stop him preparing a statement in response to the application and reasons as to why the warrant should not be approved.
  3. Have to attend the hearing and present evidence of his financial position (income & expenditure) and statements ,and agree an acceptable payment plan with the judges guidance. It will be a form of redetermination hearing as already stated.The court will not agree to bailiffs if the financials do not reflect it or assetts are minimal. They just want to determine his true affordable disposable monthly figure....which will not be £10.
  4. If it was done via N245 and the payments are up todate then the landlord must make an application with fee for a redetermination. Can't execute with bailiffs can't do anything until he attends a hearing and presents his arguments ignore. Andy
  5. Your topic title was altered last June 23 by the owner of this forum in the interests of the forum Anyway well done on your result and thank you for concluding your topic, title updated. Andy .
  6. So what Why ? Consent Order/ Confidentiality ? This would be be invaluable to followers of your topic.
  7. If you do get a letter of Claim and or Pre Action Protocol pack 15. Where there has been non-compliance with a pre-action protocol or this Practice Direction, the court may order that (a) the parties are relieved of the obligation to comply or further comply with the pre-action protocol or this Practice Direction; (b) the proceedings are stayed while particular steps are taken to comply with the pre-action protocol or this Practice Direction; (c) sanctions are to be applied. 16. The court will consider the effect of any non-compliance when deciding whether to impose any sanctions which may include— (a) an order that the party at fault pays the costs of the proceedings, or part of the costs of the other party or parties; (b) an order that the party at fault pay those costs on an indemnity basis; (c) if the party at fault is a claimant who has been awarded a sum of money, an order depriving that party of interest on that sum for a specified period, and/or awarding interest at a lower rate than would otherwise have been awarded; (d) if the party at fault is a defendant, and the claimant has been awarded a sum of money, an order awarding interest on that sum for a specified period at a higher rate, (not exceeding 10% above base rate), than the rate which would otherwise have been awarded. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct .
  8. If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set by the court. .
  9. Not Evris offer, the court offers mediation service. All claims proceed to hearing if mediation fails /not happen. Why do you not wish to attend in person to stand your claim ? Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation. https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007 Andy
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