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axident13

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  1. cheers guys so just have to wait to see if they contact us or if they inform the court they wish to proceed. if it goes past 28 days from when they received my defence it will be stayed this right???
  2. hi Andy and all just a quick update received a letter back from CCBC saying defence sent to Sigma or Hl solicters await to here from them or the court what does the "claim will be stayed" part on the letter mean? and also that they can ask the judge for an order to lift the stay??? thanks in advance
  3. thank you Andy your help and this forum is a great help to thanks again
  4. defense sent thanks again for all the help Andy what will happen next???
  5. have put no to a counter claim is this best?????
  6. hi andy just found the claim online it was already there i just had to scroll down to see it i was just putting the case number in and the password when all along it was just below the boxes for these and i had never scrolled down how thick am i.....lol
  7. cheers Andy had trouble with the MCOL before the password that sigma gave us does not work for some reason so had to email our acknowledgement to them direct last time have tired it on a few pc's and its still the same my gateway log in is fine but either the claim no. or the claim number password has gone wrong some how spoke to Northhampton about it they said to email them direct
  8. thanks Andy for your help so far which is the best way to email it? was gonna fill in the paper form take pictures of it and attache them to the email or would a word document better? or both? only thing with the word document my wife cant sign a word document and we dont have a printer at the moment
  9. hi Andy below is what i am gonna put in the email is it right 1 The Claimant's claim was issued on 31 DEC 2013. 2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation action 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £8905.81 or any other sum, or relief of any kind is denied would the above be all she needs to put??
  10. cheers Andy just noticed Financial Legal Issues threads at the beginning have a section on charging orders will give that a read
  11. cheers Andy yes i meant Feb2nd think i will stick with the SB defense and see what they come up with. if we lose what kind of things will judge ask us to do then repayment plan??? can the claimant make any demands at that point ie sale of goods or house????
  12. hi all quick up date due too a very serious illness of my mum who is still in ICU we had almost forgotten to a defense for my wife's CCBC the defense has to been in on 2nd of jan so i am going to Email to them asap. My wife is very worried that the stature barred may fail as we have no way of proving that any payments where made between dec 07 and aug 08. i found the follwing defence on another thread which is some thing i suggested to her we could maybe use An example draft Defence as follows: 1.This claim is neither admitted nor denied with regards to the Defendant entering in to an Agreement or contract referred to in the Particulars of Claim. The Defendant is put to strict proof as to the existence, execution and terms of any alleged Agreement or contract. 2. The Particulars of Claim are denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement or contract with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. The Defendant has no recollection of receiving a notice of assignment. 5. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that the Claimant is in default of a request for a copy of the executed agreement under Section 78 of the Act of the Consumer Credit Act 1974. 6. The Claimant has not provided a default notice to the Defendant as claimed. 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. any help or thoughts on this this matter would be great could she add to the above anything about it being stature barred?? thanks in advance on any help you can give
  13. hi andy cheers for the reply was able to log in to my gateway ok it was the the part on money claim where you put your claim no in and the password on the letter that was not working dont know if changing my password on my gateway would make a difference
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