yebsdad
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Posts
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I have had judgement set aside (temporarily), what can I do to fight/contest the alleged debt. Please see post #52
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I am not sure, it just says that the stay has been lifted and defence under CPR 3.4(2) struck out. No reference to summary or default!
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Great, have started the process. Under what grounds shall I apply.
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Hi Andy, I was waiting for a response from them, but expecting communication before they attempted to lift the stay. Where as I have had a letter from the courts stating that the stay has been lifted and judgement granted. I am within the the seven days to to apply for setting aside under Part23 Rule 10 Application to set aside or vary order made without notice 23.10 (1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside(GL) or varied. (2) An application under this rule must be made within 7 days after the date on which the order was served on the person making the application. Back to top of page Power of the cou http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23
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Hi Andy, I was waiting for a response from them, but expecting communication before they attempted to lift the stay. Where as I have had a letter from the courts stating that the stay has been lifted and judgement granted. I am within the the seven days to to apply for setting aside under Part23 Rule 10 Application to set aside or vary order made without notice 23.10 (1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside(GL) or varied. (2) An application under this rule must be made within 7 days after the date on which the order was served on the person making the application. Back to top of page Power of the cou http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23
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i can still oppose the application as within 7 days? i did nit get warning they were applying for this, just notification that it had been lifted and struck unless I apply for it to be set aside or varied under part 23 rule 10! So can i say i did not get due notice of application or is said letter i received, the letter the notice?
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Can someone please advise me on whether I have any grounds to defend the claim. I have posted the agreements they sent me on post #42. They have applied for and had granted the lifting of the stay and judgement passed. Please help.
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So do I just leave it at that until they act?
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End of june i think, no allocation questionnaire
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Hi Andy, Yes I submitted a defence, from memory (i am away from my home pc), this is the defence I submitted. I also submitted a CPR to Hillesden. They have thus sent the above agreements. Stating they will instruct solicitors to progress the case in 14 days. (now extended towards the end of the month.) Defence 1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system). 2. Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed. Would this be sufficient, or do i need to ask for clarification of the agreement, record of the default notice etc?
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Somebody please help with this, I need to put in a defense and action is looming. Due to DLC not sending the documents the day they dated the letter and then incorrectly addressing the envelope, the documents were delayed and I am under pressure time wise. I have requested an extension of time due to their errors, but have heard nothing back.
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I try attaching again, please advise how to respond to what they have sent me. MBNAappForm0001.pdf MBNAappForm0002.pdf MBNAappForm#2unsigned00010001.pdf
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Here are the PDF versions of the agreements received MBNAappForm0001.pdf MBNAappForm#2unsigned00010001.pdf MBNAappForm0002.pdf
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Okay, I have received a reply from DLC/Hillesden. They have enclosed a tonne of old statements and poor copies of two applications, one with just name and address printed on it (no signature)and the other with two sides of an application form filled out and signed. please advise as to its correctness and where I go from here. I have attached copies of forms. Many thanks Yebsdad
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Ok, thanks Andy, it official I am an idiot. These things dont go away and I should stop putting things off.
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