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Everything posted by Andyorch

  1. Worth a phone call or email at the least....this is not like dealing with a catalouge debt.....it's a serious threat which you can't treat like bluff. Andy
  2. It could halt the sale of the property unless alternative arrangements are made to settle the balance.
  3. Hi and welcome to the forum. Thats because the creditor has placed an AP ( arrangement to pay marker) rather than a default marker... Andy
  4. You cant get a DQ unless the claimant has informed the court they wish to proceed.....lets move on.
  5. Claimants do not use witnesses to present the case.....counsel are not witnesses to the claim. The receipt of Lowells DQ is not confirmed precedence of the claim.....check the status of the claim on MCOL and see if it states DQs sent out.
  6. If you wished to have a bit of fun...... Thank you for your response unfortunately until such time your client is able to provide a copy of the agreement then the matter will not be addressed.
  7. It would appear that that was the original order which they have since replaced with your latest order...anyway let them put it back to the DJ and see if they issue you with a N157.....but dont forget they have never complied with the order so if they are trying to proceed..they have yet to comply with both orders...2018 and 2021
  8. Did you ever receive a N157 Notice of Allocation after 28.8.2018 or 26.10.2020 ?
  9. SO if you refer to the bottom of the order you have the option to set it a side vary or stay it...but involves an application and fee...so I would suggest you get back onto Portsmouth and ask what exactly is the Order for ? Inform them they have not served any documents on yourself or served a Certificate of service and given the errors of MCOL/ Portsmouth ask the court to clarify exactly what's happening in the claim.
  10. Well this is where the confusion sets in.......did they get that order in 2018 ? Did they file the documents with the court ? If they didn't there is no amended new date on the order that they should comply with the order. So you have an old Order with a new date...which in respect tells you nothing. Reading between the lines looks like Portsmouth County Court is in meltdown hence all the errors. You stated you submitted a DQ but it was never processed to the N57 Notice of Allocation...so mediation then nothing.
  11. Its a case of the template response didn't quite fit your request but with the added bonus of throwing in a request to supply your Financial details. .
  12. Hi again..... You cant kinda give them a Letter Before Claim....it must be the correct format and headed same to comply with the Pre Action Protocol guidance. It would be helpful if you could scan redact and upload a copy of this last letter/email you sent with their response. With regards to your last post its obvious that you don't know the process..which is understandable as most never want to get involved in this process. There is no such thing as Big Court as opposed to Small Claims Court ...should you decide to litigate you will be issuing your claim
  13. No the order states quite clearly " Documents Filed 39 November 2018 must be served on the Defendant and a certificate of service filed " Your initial defence put them to strict proof to disclose the documents you would have requested within your defence. If you have never received the documents then the claimant has not complied with the above order...and you must inform the court same. You don't want a DQ yet as you don't want it to proceed to allocation until they comply with the above order.
  14. Has the claimant served any documents on you as per the order of 2018 since mediation?
  15. looks like they are trying to revive the stayed claim...has the Order got a current date on it ? Topics merged. Andy
  16. Never heard of that....a mediator cant impose that ...nor the defendant unless it was mutually agreed between both parties.
  17. Okay ..before you can sue them you need to look and comply with pre action protocol before proceeding with litigation. This will involve sending them a Letter before claim laying out your grievance and what you require as a refund and set them a deadline to which you expect a response and a last chance to settle this matter. Have a read of the following. https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf
  18. That's fine....and you have have done your N265 ...and received theirs ?
  19. Post a copy of the statement here redacted in PDF format. The court directions are on the Notice of Allocation to Fast Track N154...
  20. Fine.....have we a copy of the Directions here on your topic ? Have you made a start on your statement and disclosure list ? keep an eye on the dates and make sure the claimant complies with all directions by time and date. The hearing is in person and not remote ?
  21. And if you have an agreement number send the CCA request also.....its not an acknowledgment of the debt.
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