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beanpole

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  1. Hi again and thanks MM. Got all that advice and noted. We'll see what Directions are issued at the hearing. Does anyone have a view on what the Judge is likely to be looking for ? I will still be asking for delivery of doc's which have not been issued and if not, dismiss. Anyone got experience of this stage, with outcome ? cheers BP
  2. Hello everyone. So after some time (court getting busy), the other side, having missed their original deadline for AQ submission, eventually did file. There has still been no reply to my demand for doc's. Instead, their suggested Directions sugest stay for negotiation. Eventually Court has considered and simply scheduled in an allocation hearing. As my AQ had suggested Directions that Court should enforce CPR31.14 and if not strike out, what is likely to be the process at the forthcoming hearing ? Any views on what the court is looking for ? thanks BP :idea:
  3. sorry - it is N150 form, thanks for reply and links ! makes better sense now.
  4. Urgent advice please with reference to AQ's. 1. Section A: I've said no to Settlement as I'm defending the whole claim, using lack of any response to my CPR31.14 request and failure to follow pre-action protocol, as my reasons. Anything else required here ? 2.Section D. I haven't made an official application to strike out, although within my defence I have suggested that it should be.....should I say that I intend to apply and if so, when is it right to do so ? Also, on allocating, when does multi-track get used ? if above £5k, it says should be fast-track..... 3. Section G is about costs....as I'm litigant in person, it says I should not fill in....when and where do I say that I will be asking for costs to be taken into consideration...as my defence was submitted without any response from claimant, I haven't yet identified what my costs might be. 4. Section H, it looks like Claimant pays for AQ, so i assume I say no. 5 Section I, this looks like I use this to say that there are 2 separate claims, even though they have submitted to Court as one action with 2 amounts added together. Also, this is where I should state that my CPR 31.14 request has been completely ignored ? Please let me have any responses as soon as possible to ensure I understand this step properly. many thanks. BP
  5. OK, having submitted to court, my defence has been copied out, with AQ form attached - to be completed, which I will get back to court - seems straightforward enough as I am defending in full, but any advice on this stage welcomed. I know that 'track' and timings will be determined after the AQ's submitted, but I will make the point that there are 2 separate claims here, although all lobbed into one. Nothing back from other side, passed CPR deadline, so any other action I should take now ? Please let me have any advice. Thanks BP
  6. OK thanks yes I have done so and referred to relevant CPR PD's too BP any other comments welcomed !
  7. Still no reply to my letter. My Defence will be submitted and then I guess it will go to AQ's ? Is there any case law anyone knows of where a 'Set Aside' has been quoted as successful defence in CC ? Without naything further submitted, isn't the same argument ? Any urgent help on this please ?? Thanks BP :idea:
  8. Since the 3rd letter went pointing out that there was no right to collect on a debt in dispute elsewhere (no CA forthcoming) and pointing out the law regarding harassment, it has been a bit quieter.... not to say they won't try again later tho' BP
  9. Thanks for that - yes all duly noted and done. Yes I have the Set Aside confirmaton from court etc, which I will quote. Thanks for the references. I am writing my defence....but it appears they are referring to the argument used last time around....nothing beyond that sent yet. hmm....... BP Anyone else with any similar experience of CC post Set Aside - all posts welcomed.
  10. Hmmm, frustrating. Has there been NO response to your CPR 18 request within last 3 weeks ? I believe that you should be able to report this to the Court, copy your letter as evidence and seek a Court Order to enforce it. I think (but don't rely on this), you are into the territory of claimant frustrating your attempts to defend yourself adequately. Maybe just a quick telephone call to the court, asking for clarification would put your mind at rest. Sorry I haven't gone back and read all of your thread - I'll do this later if I can. Hopefully someone else will make a comment shortly with more advice. BP BP
  11. Hi babegem, yes, I agree, you are ok, the CPR18 route is 14 days to respond. What's the latest, if anything ? Have they replied within 14 days and if so, with what ? BP
  12. OK, next I'll be preparing my full defence on this, so any starters for 10 would be welcomed. Also, is there any clarity around the legal postion of applying for CCJ on same alleged debt that was set-aside when Stat' demand route failed ? If the documentation from before is simply repeated, how much can this 'failed' action be relied on ? any comments ? thanks BP
  13. Hi CP, I hope this is great news for you. Congrats. I don't know for sure, but it does appear that you will have to waive rights to cover any of your costs. From what I have seen elsewhere, my only thought is that if you 'agree', then be very careful and clear that them giving up is reflected officially through the court....just getting a letter from them does not necessarily stop court action unless you have confirmation through the legal process. As I said, hopefully others better versed than I, will be along soon to confirm what steps you should take to put an end to it all. ...in the meantime, well done. BP
  14. OK thanks 42man, yes already planned to use the CPR reference, so that I can submit 'embarrassed' defence in time. I will get POC up next; they are limited to amount with dates and account numbers only. They refer to one supposed notice of default and also have added Particulars of interest - charges accruing, but that's about it, no specific list of documents provided, to which I will refer to in correspondence. Only in recent letter have they referred to the previous 'action' attempted, without producing any documents so far. More to post shortly. BP
  15. Hello, I have been issued with County Court Claim for alleged debts owed to Phoenix Recoveries, whose DCA, is acting for them. DCA issued a letter demanding immediate full payment (of a sum I didn't recognise) or they would issue CC action. Despite writing back to say I did not know what they were referring to, in the meantime, they went ahead anyway and started proceedings (!). I now have a reply from DCA telling me I should know that the debt refers to accounts that were apparantly assigned from original creditor. It seems they have been added together and had interest added, together with court costs. These are the same accounts that last year, they issued Statutory Demands for and when I applied to Court for Set Asides, I was successful. I know the basic process, but of course any advice would be welcome, as it seems I will have to go through this all over again, demanding all documentation and putting them to strict proof. In particular, I'd like to hear of any similar cases, having had the Stat' Demand set aside, only then to go for a CCJ.... Many thanks Beanpole
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