lottery-loser
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Posts posted by lottery-loser
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Dear ilonavamp
WELL DONE!!
I am so pleased for you!
(Wish I was at the same happy stage.)
I haven't had chanve to read backwards re all the events oaver the last few weeks but have got hte gist and will fill myself in properly when I get time!!)
LL:D
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Dear Paul
SO sorry to get your name wrong!! I just remembered the PT bit and extrapolated!!
I will take this up again with local ct but re pt6 I don;t have any choice as I have said all along that I'm homeless and will have nowhere to stay here!
Thanks for your reply despite being called Pete!!!
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Dear Pete
Back again!
Update:
Restons have neither responded to the court in answer to my defence (the 28 days were up a few weeks ago now).
However, despite Northampton's letter saying that if they didn't respond within 28 days the case would be stayed or dismissed I have received a form for the case to be transferred to my local ct.
Surprised by this, I went to the ct to ask why the case hadn't been stayed/dismissed and they said they knew nothing about such letters as the one NCC had sent me but they just sent out these forms for cases to be allocated.
I then rang NCC to ask why this was happening and they said they didn't know as they no longer had my file. I shall take their letter to my local ct to show them what was said but I do not know what to do with this form which has to be back VERY SOON!
I went to a CAB who were so appalling I will NEVER go there again. Judgemental wasn't the word, useless was the understatement of the C. I was so upset for the whole of the day at their treatment of me that I couldn't eat, concentrate or discuss anything rationally...
Please can somebody tell me what SHOULD be happening now?
1) defence in at ct abt 8 weeks ago
2) no CCA from Restons
3) no response from " to my defence
4) NCC said should be stayed/dismissed 3-5 weeks ago
5) local ct wants hearing
6) In a month or so I am leaving the area for good
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It's very difficult now to keep up with here as we are in temporary accommodation and have to use the library internet, which is constantly down or pre-booked!
Latest news is that I have heard NADA from Restons (surprise, surprise) but the court wrote to say they have 28 days to respond to my defence and if they don't comply, it will be stayed. So i'm still in limbo 8-) ...
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OK - will do! I wonder what the next instalment will be!!!
Thank you again.
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Thanks paul,
Our posts crossed just then!
The court wrote a letter as i think they realised my mistake! (I'm obviously not the 1st to make it!!) THey said I only needed to compelte the N224 if i still want to contest jurisdiction, which I don't, so i can ignore it!
Thanks for your help.
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Paul, It's ok now. I know I don't need to complete the N224. My spiffing defence is all ready to go tomorrow (last poss day for sending!)
I am concerned though, by 1 thing that Tom... said - that I shouldn't be making any offers to them (ie the F&F offer that i mentioned to you previously. What's your opinion? I hoped that that would encourage them to stop ct action by sending the Without Prej. letter, but do YOU think it will throw a spanner in my defence?
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Yes, the law is logical but the terminology is not always the same as in everyday usage as I have learned to my cost in the past.
Of course I have sent the acknowlegement of service off - i am perfectly capable of working out how many days "14" are from the date of service. I am just repeating myself here and what i have already discussed with Paul.
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PS
Tom, if you had read the previous page/s you would have seen what the payment offer is - IT IS NOT THE ONE ON THE COURT FORM BUT A F&F OFFER!!!!
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Actually I've done all that and if you look at the previous page you will see what has been written by Paul as my defence - he says there are v gd grounds. It's all very well to say I should help myself - I AM!!!!! but what seems to me as an uninitiated layperson, albeit educated and articulate, to be logical, clearly is not! The other relevant threads I have read do not give info on such minutiae.
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Paul, in addition to the above...
As I am submitting the defence as per above, is the correct thing to do to say that I refute the entire claim. I just find all this really odd, and I know that legal-speak bears little relation to what the layperson understands or to what the dictionary says! It just seems peculiar, though maybe in the corridors of law, fine, to say on the 1 hand that I refute the entire claim and on the other make an offer of payment. Incidentally, DO i make an offer of payment on the form to return to the court, or leave it blank as i am defending the claim. CONFUSED!!!
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Oh dear... I thought that "jurisdiction" meant the geographical area of the court (ie similar to the way laws are only valid in eg England or Scotland or another country etc) so I thought that was the way you got the case moved to your local court...
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sorry - i should've said that when I C&P the statement into Word the formatting was lost and that was what made the numbering weird!
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Thanks Paul - I thought perhaps the non=sequential numbers were part of the "quote" but as they don't show up as indented on here it looks confusing. I'll try and make it as clear as possible (esp as from the threads on here i gather courts/judges don't read things...)
I received today a letter from ct saying I have to send a N224 back and complete an application for waiving fee to change jurisdiction but it also says I have said that this shouldn't be dealt with by cty ct (????????)
Where it asks for evidence on N224 is that my defence statement?
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PS point 15 - is the blank date the October request (CCA?) or the March request (CPR?) or both?
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Had a 2nd reading - it's starting to make more sense!
I assume the 1st line "I, LL of xxxxxxxx" = town where living?
The numbering seems a bit haywire. is this cos you've C&P from elsewhere and i should re-number appropriately? Sorry if this seems rhetorical - there might be method behind the madness for all I know!
point 6 Stat request
states "proof of delivery". Not available except that their eventual reply means they received it!
At point 10 I have added the date to make it clearer and point out that it took exactly FOUR MONTHS to send this useless piece of paper!
I think that's the lot! Let's hope it works and I can settle the blasted thing in a civil manner...
Thanks very much Paul. Sleep tight!!
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Phew! That's a letter and a half! I've given a 1st reading but will re-do this. My initial question is:-
Re 15 & 16 If the CPR was that which i requested on 3rd March they have not acknowledged my letter. I've heard nothing since their last letter (day b4 court action).
Thank you very much so far! I'll respond further either later or tomorrow. Pity there aren't more decent solicitors-to-be out here!
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Paul I pm'd you POC on 2nd March (due to confidentiality). I've just re-sent it and will email it all too.
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28/07 request for CCA to JL Fin Services including updated financial statement;
10/11 1st letter from restons requesting reply by 24/10 demanding settlement or increased repayments if not forthcoming legal action would be taken;
15/11 JLFS letter saying unable to find CCA;
21/11 replied to R;
3/1/8 2nd letter from R: "We enclose copy of the legal agreement as requested" (this was the unsigned applicaiton form!!!!!!!!) "If we don't get realistic proposals by 15/1 we are instructed to commence legal proceedings without further notice";
10/1 emailed reply as they only gave me 4 days to get a repply to them. Offered 500% increase in monthly payment, whilst house sale ongoing;
25/2 reply from R rejecting payment offer, resending app form again. "received strict instructions to commence legal proceedings".
27/2 I RECEIVED court papers (issued 26/2).
I'll have a go at putting this last letter on photobucket. If you want any others please let me know.
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That's ok Paul, I thought something like that might have happened (I know other people have a life outside here!!
)I'm just going through the letters now and will adumbrate the correspondence in a few mins.
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Paul,
Did you manage to look at the thread for the necessary details? I must get this off on Wednesday!
Thanks.
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Help with Court summons from Restons
in Financial Legal Issues
Posted
Dear G
I am just going through the same nightmare myself and went to see a solicitor last week as I couldn't ge t any help from the CAB (appalling people!) or from here.
Here is what I learnt from him...
I don't know whether/how you are defending yourself but the attempts to settle section on the form should be filled in appropriately. ie if it is not appropriate to settle for whatever reason - say so.
BUT BE AWARE THAT IT IS APPARENTLY IN THE CIVIL PROCEDURE RULES THAT BOTH PARTIES SHOULD BE ATTEMPTING TO SETTLE AND THEREFORE DO MAKE AN OFFER IF POSS AND HOWEVER MEAGRE. USE THE TEMPLATES ELSEWEHRE ON cag SITE TO WRITE THE WITHOUT PREJUDICE LETTER. STRI9CTLY SPEAKING THIS DHOULD GO TO THE SOLICITORS IN QUESTION, BUT AS A LITIGANT IN PERSON i SUGGESTED TO MY SOLICITOR THAT IT WOULD BE SENSIBLE TO COPY IT TO THE CLAIMANT BECASUE SOME FO THE SOLS METIONED ON HERE GIVE THE DISTINCT IMPRESSION THAT THEY SON;T WANT YOU TO SETTLE OUT OF COURT!
Why would you want a 1 month stay? THis will only delay things and maybe give the claimants more time to find "evidence" etc.
3 & 4 relate to above. If it is not appropriate to settle/mediate say why.
Are you disputing all the moeny or just collection costs, charges etc? Complete accordingly.
I'm afirad I had to bite the bullet and aggree to nearly £200 p hr (for a solicitor) becasue I fdidn't want to do the wrong thing! I can't answer all of your qs as he is going to fill mine in for me but i hope this bit helps. You and I are probably going thorugh the xsamt hing at the mo so keep an eye on my thread too. I can't update it very often but will try to do what I can as I want to help others and keep in touch with them too.