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  1. Many Thanks Ell-enn and apologies for late reply due too laptop problems. My friend attended court yesterday and was granted 42 days to come to a suitable arrangement with the lender, failing that they will carry on proceedings for possession. Hopefuly he will sort this out or at least see if he can find any/all correspondences that he has had from court or lender. Once again thank you very much for your swift replies and help with ths matter.
  2. Thank's again Ell-enn. My friend is hoping that the judge will give him time to sort his predicament out tomorrow. He cannot find documents from DSS proving they are paying the interest on his mortgage, and the DSS are dragging their heels at providing him with the same. He is claiming job seekers allowance and has been told verbally that his payments are being made and are up to date. With regards to the information I have provided, if there is any other advice or a statement that you feel is appropriate for tomorrow it would be appreciated. I personally think the best thing to do would be to see what happens when he attends court tomorrow and go from there. If he is successful in getting an adjournment, I shall post on here and hopefully we can help him with your advice. Kindest Regards Bradz.
  3. Thank's Ell-nn. I have a printer here, he cannot find documents proving that DSS are paying mortgage at hand to take to court (he is very disorganised which is why I am asking advice on his behalf). The mortgage is in his name only, and he does not have children living at home but he does have children from a previous relationship who stay at weekends and visit him in the week. Once again thank you for your help it is greatly appreciated. Bradz
  4. Thankyou for the swift reply Ell-enn. I realise this is a last minute thing but to answer your question, no he has not returned the N11M form. He has a letter informing him that proceedings for posseion have been commenced, this is the first letter he has recieved regarding this. I can scan the letter if it's any help. With regards to the Court proceedings, he is requesting that the claim be adjourned to give him more time to sort matters out (he has tried citizens advice(a month before he can get appointment) and the dss have told him that the payments have been made)). Once again thankyou for your reply and advice.
  5. My friend has recived a letter stating that proceedings for possion of his property have been commenced and will take place on Monday 7th March, I knoew this is short notice for help but which defence forms if any are best to take on Monday? His defence will be that the DSS are supposed to be paying the interest on his mortgage (which they have been but have messed the payments up) so he needs time to sort it out. Thanks in advance Bradz.
  6. Letter finished, oing to deliver it tomorrow. If you stiil around Andy could you take a quick shufty at it? Thanks Bradz
  7. Thanks Andy, very much appreciated, will write letter and post on here would be grateful if you could take a quick look when it's posted Thanks Bradz
  8. I had a solicitor acting or me at the time, he contacted the court and told them that they already had my defence. I got another ordrr from the court as below. My solicitor (who no longer acts for me) wrote to the court pointing out that my defence was already filed in the agreed terms from the original hearing and he also sent a copy of my defence as well. I have heard nothing from the claimant since Oct 2008 when they offered me the deal the day before the set aside hearing which I rejected. Have no idea whats going on but I know the charging order was removed and they agreed with me having the judgement set aside. Since the order that I have posted I have only heard from the court once and that was the small claims allocation notice on the 8th of October this year. I was assuming that the way it is worded meant that they had 21 days from recieving the allocation to small claims (8th October) that they had to send me the documents. It's very confusing. The only thing that lowell sent was threatening letters and a copy of some alleged payments to agents. They claimed I made a payment in august 2002, I have my bank statements for the whole of 2002 up till September and there are no payments to anyone that relate to the ammount that they claim either by card or cheque and I have never had a doorstep collector call on me. Sorry if complicating things but it's begininning to p**s me off a bit now, Thanks Bradz
  9. Hi Andy here is the order from the court, hope this is the one. I have removed some personal details but the body of the order is as the original. Thanks Bradz
  10. Just spoke to a lady from the court and she suggested that I write to the Court manager and explain the situation, dunno whether to ask CM to use courts own powers or whether that would be wrong Bradz
  11. O.k After working out my finances it looks like I will not have £75 available to pay the fee for an Unless order N244. I am considering writing a letter to the court manager explaining that the claimant has failed to comply with the courts orders. I will state that I feel the claimant is not only predjudicing my ability to put in a defence but also they are wasting court time and money. Am drafting the letter today, could anyone who has experience in sending a letter rather than an N244 please let me know whether they were sucessful of whether it was the wrong way to go? Thanks Bradz
  12. Well today was the deadline for them to supply me with the copies of evidence that the Judge ordered them to do within 21 days of the allocation to Small Claims Track. I have had a look at the sticky about allocation questionaires and would be greatful if someone with experience could help me with the next step. Do I send them an allocation questionaire or do I contact the court and ask for an Unless order and the the claim to be struck out. I am thinking the latter is the best way forward but advice on the best way to go would be very much appreciated. Thanks Bradz.
  13. Well the 21 days is almost up, don't think it will come in the post tomorrow with the strike, and no documents recieved from claimant. Am in process of applying for an unless order which I will hand deliver to the court tomorrow. Just spoke to the solicitor who was dealing with my case (I needed some information about dates that they had claimed that I paid money to them) and he said might be best to contact the court and instead of applying for unless order ask them if they will grant one or strike the claim out using the courts own powers (cpr 3.1). He said mention that due to the short period of time left until the small claims track hearing that they may agree. Any thoughts, advice very much appreciated and if this is a possibility is there a certain procedure to follow?.
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