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  1. Hi, I am putting together a claim against a mortgage lender for misrepresentation [Fraud upon the court] in a previous possession claim. A possession judgement was made in favour of the alleged mortgage lender and the property was sold. Subsequently I have established that the Deed was not completed at the time of execution, the date being added at a later date which voids the Deed under s1.3 of the Law of Property (Miscellaneous Provisions) Act 1989. I am trying to establish what court forms I need to complete in my claim which is for 'repossession' of the property which was unlawfully taken from my possession. There is also a claim for damages so the overall claim is part money and part possession. I believe I need to file an N1 Part 7 Claim but am not sure if that is correct or if there is any other form to complete.
  2. Thanks. They have not fullfilled the request as the statement of account was incomplete and documents referred to in the agreement were not sent. The agreement is unenforceable.
  3. Thanks. They have not fullfileld the request as the statement of account was incomplete and documents referred to in the agreement were not sent. The agreement is unenforceable.
  4. A new owner of a credit card debt has responded to my CCA request to them to say that the original creditor has told them they have sent the documents requested and therefore they are requesting payment from me. The original creditor has sent the origional docs although tehy arre not enforceable. Does it matter if the original request has been responded to i.e. regardless of anoriginal request is thenew debt owner (if tehy prov it) still obligated to respond to the request?
  5. Just had a letter from anotehr DC claiming that the Admin of Justice ACt section40 wasd replaced and doesn't therefore apply in my case. However, they will temporariliy not call me but reserve the right to if I don't pay. My letter also referred to Portection From Harrassment ACt 1999 (I think) which they didn't mention in the reply. Does anyone know if the Admin of Justice Act section 40 has been replaced and idoes teh repalcement still protect me from being harrased/ i have said they should only write, no doorstep visits or telephone calls or emails.
  6. I've Got No Money commented on Post10 of this thread re the Particulars of Claim (POC) 'Well that is a beauty of a claim - I'll have a proper look at some point tomorrow - a couple of immediate thoughts they can't claim a collection charge neither can they claim statutory interest'. Can anyone tell me what prevents them claiming a collection charge?
  7. Re the last post, I have found he CAG court bundle which includes a document section accessible via the CAG library/Guidance Notes/ 12 GOT A COURT DATE? A guide to the later stages/Then seek out the link to the basic court bundle which gives examples of what to include in the documents section. I am taking it that the relevant regs (q2 - in the last post) goes into this section,. I am assuming the same documents section includes court corres etc. Re q4 of the previous post I am taking it that the docs go into the documents section and they are referenced via a Cover page indexing the documents section as per the CAG basic court bundle zip file. Thanks HFI. No problem HFI!
  8. Citizen B, Thanks for the info. If anyone has the answer to the following questions please post your replies: q1) Are regs the details of the Act? q2) If as suggested I have at hand the relevant regs, do I need to include them in the Court bundlle? q3) Having read CPR32 it says with regard to Exhbits '13.2 Court documents must not be exhibited (official copies of such documents prove themselves).' Am I right in saying that the AQ, POC and court correspondence are considered court documents and are not referenced as Exhibits but a copy of case law could be referenced as an Exhibit? q4)If the documents at point 2 above are considered court documents and have to be included in the bundle how are they titled or referenced? HFI
  9. There is reference to cancellation rights in the T&C's which supposedly form part of the agreement. However, they do not spell out what the timescales are for cancellation which is presumably why the details were supposed to be sent by post.
  10. What are the implications, if any, if an application was made whereby the application referred to 'cancellation details to be sent by post which will provide details of how and when the agreement can be ended' and they were not provided or cannot be proven to have been provided? Secondly,if no specified period for cancellation is defined in a cancellation notice are the implications if any? The second question assumes cancellation rights were sent but they didn't contain details of time limits for cancellation.
  11. Citizen B, Thanks for your reply. So in the example you have given could somebody ask for proof of postage via a recorded delivery record or log entry on their files, the difference being the question is narrowing down the type of proof being asked for if you understand what I mean?
  12. When asking for strict proof of something are there any protocols I can refer to? I am trying to find out the scope of what can be asked for in a witness statement or defence as far as strict proof. I imagine it is the big questions or it would be considered a waste of the courts time.
  13. If there are any unfair charges as opposed to penalty charge sin the claim is this likely to invalidate the claim? If it is possible to reply to the previous post as well it would be appreciated. I have found County Courts (Interest on Judgment Debts) Order but could use some help in clarifying if I just print off the extract I want to use from that document or the whole lot given the Judge has asked for documents to b relied on. HFI
  14. Citizen B, As the judge has asked for all documents to be relied on to provided to the other party and the court do you think I need to locate a copy of the County Courts (Interest on Judgment Debts) Order and print off the extract from that document (i.e. that particular page) or will just copy, pasting and printing off this particular extract from this thread without locating the document suffice? I imagine County Courts (Interest on Judgment Debts) Order is a reccognised source. Hopefully this isn't a silly question - I am just trying to get clarity.
  15. Thanks CitizenB. I'll get to the documents shortly. A question regardng post 6 from I'vegotnomoney and post40 sillygirl1 both of which refer to statutory interest being claimed. SIllygirl 1's post says 'the Statutory interest at 8% to the date of claim from what is supposed to be (presumably) the default date can only be awarded AFTER it has gone to court, not added to the amount owed as is in this case... somebody more experienced will correct me if I am wrong here.' I'vegotnomoney felt that statutory interest cannot be claimed full stop. It sounds like statutory interest cannot form part of the claim itself, I just need to know what regulations apply and where I can obtain a copy if not in the CAG library. A final point, does statutory interest apply iif the claim is above a certain amount or is it across the board?
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