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ihpj

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About ihpj

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  1. ** UPDATE ** Contacted the Court today and they have confirmed they have no further records of contact from the Claimants. So letter to Court asking for strikeout (as per Court Order) dropped off this afternoon!
  2. I think I have some answers on the CAG HERE (re-posted for the benfit of others); but it covers instances where proceedings have been discountinued rather than struck out. I'm unclear if that would apply in my case (strike out)?
  3. ** !! MAJOR UPDATE !! ** Firstly, apologies for the delay in providing an update; but I now have some concrete developments to share. In 09/11 I submitted an N244 asking the Court to: 1. Force the Claimants to furnish the (so called) agreement by a fixed date; failing which 2. The claim should be struck out; and 3. I be allowed to enter judgement against the Claimant for my costs without need for further judgement. It took the Court till the end of September to issue judgement; I basically got Points # 1 and #2. The exact wording being: Unless the claimant do by c
  4. Hey Enron, great to have your contribution and to hear from you! Sounds like things are going well for you By a 'pre-action protocol' do you mean my letter that I sent in Post # 116? Or do you mean the CPR31.14 request sent after they isntigated proceedings? Either way, they have initiated formal action [in the Courts] and I have requested a 3 month stay. Any other thoughts mate?
  5. Well the same thoguht did cross my mind, but it was important for me that they did not locate something (anything that they purport to be a CCA) that would leave me at risk of filing a defence while I was indisposed in August (not that I told them this). So the 3 months stay with 28 days to file [a defence] works well for me. I know what they are likely to send me: a [fresh] print out of about 8 pages that they will suggest is the CCA - this will no doubt omit my signature and date box. No way will that be a 'true copy' because its quite obvious its been printed fresh off the laser prin
  6. ** UPDATE ** Apologies for not updating this thread as promised. However I do appreciate the input, especially from the last two contributors. The situation is that the order was received as promised (Special Delivery 9AM) and it was worded as agreed: 1. 3 month stay, starting from today (06/07) 2. 28 days to file defence from when they have sent the required information Because of the time scales, they drafted and sent the order to me, having signed it themselves. I then signed and dated it, paid the fee and submitted the order to the Court. The reason for this was
  7. ** UPDATE / ACTION ** As PT once said: Do not be afraid to pick up the phone and speak to there other side., I decided to take that piece of his advice as well and called them. Spoke to the file handler and verbally agreed a 3 month extension in which to file my defence. We talked about CPR15 and the 28 day period, to which I countered that if they locate the document towards the end of 28 days, I would be prejudiced by not having enough time to review it. We then talked about Consent Orders and settled on the 3 month time frame. I was advised that there would be a £45 fee and as it
  8. ** UPDATE / ACTION / ADVICE ** Got the following from Morgans this morning: The Claimants duty to provide you with documentation in accordance with CPR31.15 is limited to documentation that is or has been in its power, possession, custody or control. The Claimant is the Assignee of your account. Upon assignment, the Assignor retains documentation relating to assigned accounts. If these documents are needed, a request is made to the Assignor. We have made a request to the Assignor and will forward the same upon receipt of the requested documentation. Translation: We don'
  9. Working on that right now! But I am kicking myself for not asking them about 'date of default' when I sent in my CPR18 request originally. Useful only because I could have asked for the copy of the DN (the very same DN that Citi never sent but I asked them for clarification way back when that I sent 1st class recorded but enver got a reply to) as well as the CCA. Having two requests not complied with would have looked better! But my defence will be short and to the point: -------------------------------------------------------- I, X of X, am the defendant in this action a
  10. DoH! Can't believe I didn't include the all important date: 06/07 by 1600HRS. I'm in two minds about applying for the disclosure order. On the one hand, by asking for one, it places me on the offensive but also encourages them to find something - which I don't really want. If I go strike out, then again, the Judge might suggest the disclosure order instead and deny my application [for strike out] and I am back to square one. However, if I scribble out a defence and include their non-compliance with my latest CPR31.14 request, then they might not progress the matter (because they w
  11. ** ADVICE / UPDATE ** Case So Far: OK, I sent off my CPR 31.14 request (post # 168) in response to issuance of Court Papers. I received a reply (post # 177) and then sent out a CPR18 (post # 172). Again, they replied to my CPR18 request, so I submitted a second CPR31.14 (post # 186) for disclosure of the CCA - but have heard nothing. I sent my CPR31.14 letter on 26/06 - 1st class recorded - and today is the 7th day. But i guess since they will have been deemed to have received the letter on 27/06, they have until tomorrow (05/07) to reply? If they have not, they have had
  12. ** UPDATE ** Thanks Shadow, I think I do over think things...but it is only because I reckon this matter will end up at Court. To this effect, I have drafted the following wording: ******************* As you have confirmed that a written agreement for this debt exists, and that it is regulated by the Consumer Credit Act 1974, I now require you to disclose this agreement. This letter therefore is for full disclosure and production of a verified and legible copy of this credit agreement; incorporating prescribed notices, the terms and conditions applicable at the time the agreem
  13. ** UPDATE ** I have finally received a resposne to my CPR18 request (that i sent in Post #172) in which they confirm the agreement was in written form and that it was regulated under the terms of the CCA 1974. I guess my next step is to issue another CPR31.14 request for this said document that they now confirm exists. What I am struggling with is a form of words that would ensure that they have to provide a true copy of the CCA, with my signature, and not just any old copy. Something that I have been contemplating is the ones I have previously used in my letter (Post # 156), i
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