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surfaceagentx20

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surfaceagentx20 last won the day on August 19 2009

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  1. Good for Melonie. She seems to be building quite a reputation. x20
  2. GC, I've been over the old stuff. One of the first questions I asked was: have the proceedings been finally concluded? If so, with what result? If not, what remains to be done? The relevance of these questions concerned whether there was a right to proceed with detailed assessment. I'm not so sure the questions were ever answered. Care to? Next, as for whether there is an obligation for your opponent to attend the forthcoming hearing, the answer is no. The opponent is legally represented. There will be no opportunity or requirement for the opponent to give evidence. Last, this
  3. JQ, As for Q1, the answer is found in whether the address at which the proceedings were served constitutes a valid address for service. I go back to what I said before in reference to CPR 6.9. CPR 6.9(2) directs where the proceedings are to be served. Note the use of the word 'MUST'. The valid address is the usual or last known address unless it can be shown that the Claimant had reason to believe the address was no longer the Defendant's residence. You now tell us that your friend has rented the property out. That tends to suggest the address at which proceedings were served has or e
  4. There are a number of issues here. They are: the validity of the service of a claim form issued for service within the jurisdiction and served by post at a time when the Defendant was not within the jurisdiction the vality of any judgment entered in default the status of an application to set aside not made by the Defendant or solicitor on his behalf. Validity of service A claim form issued for service in the jurisdiciton and delivered to the Defendant by post at a time when the Defendant was not within the juridiction was held to constitute bad service. Per Co
  5. The PF85A is a simple document used to certify an opponent's non-compliance with an unless order and gain the consequential advantages the unless order afforded. It has nothing to do with costs assessment proceedings. To begin detailed assessment proceedings you will need to complete a N252 and attach a bill of costs and the order giving rise to your costs entitlement and send these to the paying party. x20
  6. The question here is whether the mis-dating of an agreement after it's execution has the effect of nullifying that agreement. Such a question raises the Rule in Pigot's Case of 1614 which essentially is, if an alteration howsoever is made in a material part of a deed after its execution, by or with the consent of any party to or person entitled under it, but without the consent of the party or parties liable under it, the deed is made void. The next question is therefore, is the alteration 'material'? The insertion of a date the effect of which is to alter by escalating the party li
  7. I agree with CB. An entitlement to any of those things set out at Consumer Credit Act 1974 section 87 (1)(a) to (e) is subject to prior service of a default notice in accordance with section 88, giving to the debtor not less than 14 days following service to comply. Section 88(2) says A date specified under subsection (1) must not be less than 14 days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those 14 days h
  8. A pity you didn't submit a costs claim of your own, but well done on defeating a professional. x20
  9. The requirement for the delivery of documents including expert reports is a reference to the disclosure of documentary evidence. A document is defined by CPR 31.4. Statutes and properly cited law reports are not examples of evidence. Of course, statutes and law reports have their place in the course of legal submissions and the decision making process. Such documents can be rolled out immediately prior to the hearing commencing or as annexures to a skelton argument if any. The wording of the order indicates to me your case is allocated to the small claims track so a skeleton argument is p
  10. If you have not filed a N244 application notice the court can not be guaranteed to entertain an application to strike out or give summary judgment or pass some onerous order on your opponent. That would be so regardless of whatever day of the week it is. The court will treat the hearing as a CMC and address standard case management directions. A failure to comply with a previous order of the court can be dealt with by the DJ but to make sure, file your N244. Don't think the court will make contentious decisions on a straghtforward CMC unles there's a proper application with evidence. Furt
  11. The meat and potatoes in all of this is whether the money is due to you. Since he's made an application to set aside the judgment I'd expect to see his defence made out in the evidence supporting the application. There doesn't seem to be much offered in opposition or dealing with delay. Or at least, you haven't told us what his defence is. Arguing the absence of a certificate of service seems like desperation. Arguing irregularity in service may have legs though. What does he say on irregularity? Why do you say the court messed up? The power to set aside is indeed discretionary if the app
  12. Guz, The fixing of a hearing suggests a litigant has applied for one. In simple terms and in the sphere of costs, a hearing is only fixed after the receiving party has submitted a bill and the paying party has submitted Points of Dispute. If the paying party does not submit Points of Dispute the paying party is treated as 'content' and all the receiving party need do is ask the court for a default costs certificate for the amount of his bill. As I understand things, you submitted a bill without first obtaining an order for the paying party to pay your costs. Yet all the same and as f
  13. Rob, A District Judge has already ruled against you on the question whether you have reasonable prospects of success. He decided you didn't. A decision to refuse your application to set aside the default judgment is a decision which finally determines the claim against you. If you want that decision reviewed you may only do so via the appeal route. You appeal to a senior judge (ie a Circuit Judge of the County Court). You do not successfully overturn a District Judge's decision by application on Form N244 to the same or another District Judge to set aside the decison refusing to set aside
  14. Rob, CitizenB asked me to take a look at the result of your application to set aside a default judgment described at post no 107. Simply put, your one and only remedy now is to appeal the DJ's decision. My initial thoughts are as follows: THe DJ was wrong to accept a fax of a letter from a solicitor attaching what was purported to be a notice of assignment. THe DJ should only receive evidence recognisable as such, that is oral testimony, or an affidavit or verified witness statement exhibiting the document and verifying it as true. The DJ was wrong to rule on the fax lette
  15. Guz, Let's see if I've got this straight. You have filed an application (N244 plus fee right?) to strike your opponent out on the grounds that it had failed to give disclosure in compliance with an order of the court. The hearing of your application is to coincide with a CMC next Tuesday when the court will give case management directions. I also take it that the opponent has still not complied with the order? What excuse does the opponent offer? My view is that as part of the case management directions, unless it has already done so, the court will make an 'unless order'. That
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