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RobinWayRobinme

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About RobinWayRobinme

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  1. Hi NOA is an issue but can be difficult in court as Andy states. It is service of the NOA that gives claimant right to make claim in own name without being joined by original creditor, so pleading not served with NOA before start of proceedings. Second, from first post it seems they didn't state in their POC that they rely upon a DN being served. If you have not been served with a valid DN before start of proceedings that is also an issue. Thirdly, although the credit limit is not an issue, the repayments may still be. I had this in my case and although there is no case law to support the ar
  2. Just a question for site team, can the title to this thread have added "Round 2 - CASE DISMISSED" R
  3. Thanks andy, good to see your still around still fighting the fight. R
  4. Hi All Its been a long time since my last post, but now after what seems a life time and many other issues since my last post I can now post up that after winning my appeal and getting leave to withdraw my admission, which effectively turned clock back to me recdeiving the claim. I WON. Was in court at end of last week and the Claimants claim was DISSMISSED. I will post up more info that may be helpful to others and I should be able to spend a bit of time helping others with the benefit of my experience over the last 2.5 years. Its been a stressful time thoughout this, even th
  5. No, I mean the original judgment against you that you are trying to get set aside R
  6. I'd suggest posting up a copy of the judgment so an opinion can be given on this.
  7. Well they would, wouldn't they. That does not prove judgment was properly entered. I have read your pm's and thought that the right place to respond was here. IMO you put the cart before the horse with your Application. The main content of the Application was to withdraw your admission because of abc and as far as I can conclude is the DJ dismissed yor application as he did not think your defence would have a reasonable chance of success. In fact, you quoted CPR 13.3 as the rule allowing the DJ to set aside the judgment. 13.3 states that the court MAY set aside a default jud
  8. Who told u it was a regular judgment and what grounds did they say it was regular? R
  9. Hi Atom, got your pm Need to go back a few steps first. What was your application that was refused? Was it to set aside based on non compliance with CPR's and wrongfully obtaining judgement in default or was it an application to withdraw your admissission? The reason I ask is that you can't withdraw your admission until you have the judgement set aside. You stated earlier on your thread that they obtained judgment wrongly albeit you made an admission. The correct proceedure to follow is application to get judgment set aside then application to withdraw admission. Can you confirm that this
  10. Hi Costa Just read the posts sinc e I last contibuted (for some reason I didn't get any notifications via my email of new postings). Its correct what Dad has posted that many applications for permision are refused on paper. Mine was and I applied for a hearing. I got permission to appeal at hearing and won the appeal. Not sure of your timing to apply for an oral hearing. R
  11. Well Done. What more can I say appart from have a brilliant worry free weekend. R
  12. Good news BO. I would agree with car, but the order firmly knocks the case into shape and other side know that if they want to get into court they must comply with order, if they don't, strike out. R
  13. Out of time? I thought you filed in time. Anyway, its in now and yes sit back and wait. However, even though you don't have transcript yet I would suggest working on skellie now as 26th will come along very fast. Don't forget, you will need to allow the appropriate time for the skellie to be served on other side. R
  14. I would not file a WS for the Stay as it is self evident that you want a stay of the order that is being appealed. In my case I didn't apply for a stay, but know I should have, but even though other side attempted further enforcement action they never got it. So again, IMO you will not need a WS to accomapany appellants notice. R
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