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mcflipflop

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About mcflipflop

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  1. This is what I've come up with as our defence - mostly copied from various posts here. DEFENCE 1. I xxxxxxxxxxxxxx the defendant in this action and contend my defence to the claim made by Santander Cards UK Limited as follows:- 2. The Defendant neither admits nor denies that she is liable to the Claimant as alleged in the Particulars of Claim, or at all. 3. It is admitted that I have held an account with the Claimant and that the Agreement was regulated under the terms of the Consumer Credit Act 1974. I make further submissions to the enforceability of that contract
  2. Today we've received a further package of paperwork from Drydens. I have posted the reply re the Judges order and the rest of the paperwork is just a copy of what they sent before. The copy of the credit agreement is the same as before and therefore illegible, but not sure where we stand now. Presumeably as they've replied to the order we now have to file a defence? Or can we go back to the court and say they haven't complied because the credit agreement isn't legible? Many thanks [ATTACH=CONFIG]42640[/ATTACH][ATTACH=CONFIG]42638[/ATTACH]
  3. We've now received a General Form of Judgment or Order from the local court which says : IT IS ORDERED THAT 1. Unless the Claimant do by 4pm on 28th March file and serve full particulars of its claim, the existing claim shall be struck out. 2. If the Claimant complies with paragraph 1 of this order, the defendant shall file and serve her defence to the claim by 4pm 14 days after service of the particulars of claim upon her. 3. The Court has made this order on its own initiative pursuant to rule 3.3 of the Civil Procedures Rules 1998. Any party affected by this order has the right to
  4. well, had to post off today anyway as needs to be back by 22nd. Should I send a copy of this to their sols? They did send me a copy of theirs. Thanks
  5. Okay, this is what I intend to send. Wasn't sure how long to give for mediation, is 6 weeks about right? The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated and the Claimant's entitlement to interest. By a letter dated 24th December 2012 I asked the Claimant to provide legible copies of the agreement and default notice. A co
  6. One other quick question, you said tick no to B - is this because it will be moved to a local court anyway? don't want a drive to Northampton!
  7. Great, thanks Andy. I'll have a go at amending this. Presumeably as they have sent a copy of the agreement but it's a very poor quality should I request the original be produced at court. Also, they only sent a template DN - not sure still if the template itself is compliant but again, should I say that they should produce a true copy of the letter at court? Thanks again
  8. Hi Andy, thanks for the reply. Yes, it's a N149 so is this all wrong then?
  9. Anyone got any thoughts on this? I really need to send it off tomorrow and I'm a bit worried I'm going to make a mess of things:-(
  10. Not sure I've got the hang of this posting lark - completely missed the post that should have had the attachement - this is what I posted: Thanks all. So would I need to notify the court in advance of my attendance or is it ok just to turn up? Also, been going through the AQ. So far I am looking to fill in as follows: Section A - tick yes I would like to use the free mediation service Section B - tick yes and put the local court Section C - tick yes I agree small claims track is most suitable Section D - no witnesses Section E - no experts Section F - enter a couple of date
  11. Sorry attachment didn't work - hopefully this time.
  12. Thanks Ford. Haven't finished my AQ yet, will probably have a go this weekend as it needs to be back next week. There doesn't seem to be much to fill in though. I wasn't sure if I should put myself down as a witness as my wife is disabled and probably wouldn't want to face this on her own. Is that what a witness is or can she have someone come to represent her anyway?
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