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About LorryMan

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  1. Hi all, Good news, just got home from work ready to review my WS before I serve it and there is a letter waiting for me from MC sols informing me that after reviewing the case with their client, They have confirmed that they cannot provide the t&c's, and have been instructed to discontinue proceedings. They have served me with a Notice of Discontinuance for all of the claim. Just to make sure do I need to do anything or is that it. I cannot explain the feeling I got as I read it what a weight off my shoulders. I just want to thank everyone w
  2. No still no t&cs. My problem seems to be that without any documents to back up anything else, the main part of my WS is that they are still in breach of my s79 request, and as such should not be taking me to court until such time as they can fulfil my request.
  3. Sorry ive been away for so long. The latest update is its going to court in a few weeks, so I am in the process of doing my witness statement. ive been doing some research on here and the internet but was hoping that someone could clarify if I can mention some very abusive and intimidating phone calls early on with Marlin, the problem being Im not sure of the dates and have no actual proof that they ever took place. Or should I just stick to the facts that I can prove. i.e. Thet Marlin are still in breach of my s79 (1) request from over 3 and a half years ago.
  4. Just a quick question. on the DQ question J other information asks if I intend to make any application in the future. not sure what to put. if I put no, will it prejudice me later if I ask for the case to be struck out because they still haven't or can't supply the T&C's from my S79 request. I notice on Mortimer clarkes DQ which they have served me with, they have left the question blank. Thanks for your advice Regards LM
  5. Hi I have just attached the proposed directions for me to sign and return if I agree with them. as I said earlier it all seems pretty standard but would be greatful if someone could take a quick look and give me their opinion. Just one thing i'm not to sure about. In paragraph 2 they say about serving all docs relied upon 14 days before. I'm not sure what they refer to when they say (These should include the letter making the claim and the reply.) Thanks LM.
  6. Hi all, I have now received notice of proposed allocation to the fast track, and N181 to complete from Northampton CC. I have also received a letter from MC sols with draught proposed directions for me to agree to or propose alternative suggested directions. They also remind me that their client does not think I have a valid defence and invite me to complete a statement of means and put forward proposals. They conclude by saying that if they do not receive the signed draught/suggested directions or a completed statement of means form within 7 days they have been instructed
  7. Hi all, Hope everyone had a god new year. I've just received a letter from MK sols stating they have received my defence, and have sent me copies of docs that they have sent me before, Stating that There is no default notice as CAC(uk) issued a notice pursuant to s(98)(1) cca1974 which is the duty to give notice of termination on non default cases. They also claim that their client has complied with my s79 request and sent me another copy of the agg. However this is the same copy posted at the beginning, still with no t&c's attached, even though the agg makes reference on two occas
  8. Just a quick update, received an email from Mortimer Clarke agreeing to allow extra 28 days for filing a defence. The problem is I received it a day after my defence deadline. Do you think this was intentional hoping I wouldn't make the deadline and they could get a judgement by default, or am I just thinking too much. Either way the defence was filed on time so all is fine.
  9. Cheers Andy, Sorry for all the questions but does stayed mean, just put on hold until they respond.
  10. Defence is filed. Checked with Northampton CC who confirmed everything is ok and filed on time. Not sure what to do next, do I just wait until I hear from court with a date. Is there something I can do in the meantime to prepare for the court appearance.
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