cb, Here is the order from the court....hopefully makes more sense...can I respond to this and in what form? thanks

OK, just a minute and I'll post up the most recent order I am referring to..... It was in response to my amended defence. Struck out - out of time(submitted late).

cb, Thanks. TBH I'm not sure what I need to do OR if I can do anything but the order from the court says exactly(word for word)... 3) TAKE NOTE "...Any party affected by this order may apply to have it set aside, varied or stayed within 7 days of service of this order...." suggestions what I can do, does this mean they have successfully filed the claim and judgment is due/imminent pending no objections from me? Because that is what I understood or does it mena something else....

cb/blind-as-a-bat, Thanks I really appreciate your input and feel guilty I'm diverting you from much more enjoyable activities. In response to qustions thanks I realise I now cannot use the time served as a reason for non-comploiance and will not. As regards SAR, never ever seen one... despite having specifically requesting right at the beginnning of claim. Then several times after with recorded letters. So I guess the lack of it suggest they prefer not to supply evidence to the contrary of what they are claiming - never sent? Did note an alarming but common thread where fabrication seems to be the accepted strategy, clearly and totally unacceptable. Looking to compile my letter (response) to the court including all points raised and other items I have already relied upon that have been discussed but not provided. Can anyone direct me to the sort of response I need to provide please. The structure or content is fine, dont feel confident enough to just fire something away now..... Thanks and all your help is greatly appreciated.

s62, Read with interest....very good....inspiring:D...subbing

Blind-as-a bat, Thanks, yes it is....and that does help;) I saw similar on another post and was sceptical it appeared...plus the fact I never got it in the first place! But really could do with help on my response to the court (post 151). Correctly and with some certainty:( Merry Christmas to you and appreciate your help at this time.

citizenB, Thanks.... I requested this at initial defence of claim have not responded. On review of DN I noted 3 things... - claimants name + address (not there?) - Correctly identify important information bold underline etc(its not as prescribed?) - the time to serve (which you now advise incorrect) Were the first 2 reasonable grounds to challenge DN...? As regards PPI taken out a long time after initial agreement. Done verbally and active thereafter, never signed an agreement or saw it - all done on the phone. Looks like I'll have a judgement to pay claim in the NY:sad: Sorry but I feel rather down, difficult to enter into the festivities....inevitable appears likely...unless anyone else has other suggestion(s)????

Done....thanks

bump please????

Thanks...appreciated

I want to respond to it ASAP.....but unsure what my options are. Using non-compliant DN as ammended defence, my untrained (legal) eyes spotted 3 items which make it non-compliant.

Thanks postggj, Followed all procedures been to court twice. 1.To submit initial defence + request documents etc 2.Secondly to follow-up after request for documents which were filed not served, way out of time - contrary to court directions Saw DN they rely on @ last appearance - requested time to consider given 14 days to File ammended defence (which could have been incorrect) plus letter of apology to the court for filing late due to illness - the dreaded mutant flu going around - knocked me and OH right out! Yes I did file it late:cry: This in post today....7 days to respond.....but less now as dated 20th

HELP???? Further to my defence I have been notified the judgment as follows.... - Permission to file defence - out of time - Defence struck out - failed to disclose a cause of action - Can apply to have this set aside/varied/stayed within 7 days and the clock is running..... What are my options I dont understand? I am very worried but more significant personal matters are taking up my time....any suggestions...please ??? Much appreciated in advance

Good news postggj. If you can post a link that would be very much appreciated as a point of ref please:) If it helps others here is reference to info to confirm my findings.... http://www.uk-legislation.hmso.gov.uk/si/em2006/uksiem_20063094_en.pdf Appears my original defence applies, the DN is not compliant.

Andy, Much appreciated on that;)....you know when you just need that little nudge. Any comments on the fact DN was issued way back...in fact 2 years before recent events...or am I correct in the understanding only 1 (compliant DN) can be issued before termination? Appreciated:)

Can anyone advise....I feel sure its fails but wanted to get an opinion if I am barking up the wrong tree identifying attributes that cause this DN to be non-compliant? Date - does not allow for the posting days (2 working days for First class/4 for Second class post) should be 2/4 + 14? Secondly- although the DN is on headed paper sent by the Creditor it does not preclude the need that it must clearly contain my name & address and the name and address or the creditors. It does not. Finally - specific wording & usage of bold / underlining and its specific purpose to highlight important facts. Any comments....please?

Bump...anyone???

This DN was issued quite a long time, before recent events that lead to this action. That is to say we had resolved difficulties at that time, but I will need to confirm with my own records on this. Does this make any difference that the action was taken...or not.... to remedy the situation within pescribed dates? Further to this I understand the issue of a (compliant) DN is applicable regardless of date, just the fact on has been issued is enough to enforce at a later date?

I have marked out my specific details - address, account no. and sums involved. So that is a definite 'no' but it is listed on paper that is 'so-say' from the Creditors - GE Money. Possible strike 1 I took a look at the calendar as suggested, the day is Thursday 23rd March 2006 to 6th April 2006 is excatly 14 calendar days which is too short. Thanks for that, well spotted. Possible strike 2

Here is the DN issued......compliant or any scope to challenge? ">

srandall88, All I can say is well done to you;) My actions all follow the correct procedures as listed in the thread, we will have to see where this one goes I guess. I attended court hoping for a more favorable result. Production of documents was not expected....plus court accepted them. Guess I file and we see....but DN will be up shortly for all to cast an experienced eye over....

Goldlady, I would like to have defence complied and ready to send for Monday (very short time I know), I will post up DN for closer inspection. I guess if my defence is not well founded they could get a judgement. So far they have not made anything easy I have to asume it will be pressed to a result and go all the way if required:( Claim is for less than £1500.00

Streesed 150, Did you know you can submit forms to the Court via Fax - it is acceptable. Call the Court and get their Fax number would do not harm to advise on the situation (short on time). No expert but this is what I did (I was runnig low on time)...it was fine. All the best DDD

ant!

Goldlady, Not sure what you mean application form/agreement? Also not convinced on timing regarding filing documents - could have arrived minutes or 6 months before hearing. It is a copy on a poor fax which was provided to me to view before and a copy given by the court. I know what you mean on the last minute stuff though, I am kicking myself for not having followed up sooner but time passes and things slide - not intentionally of course.