ZENTRIX9
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Cheers Andy, do you think they are fishing or trying to get me to drop the alleged stress claim attached to my counterclaim.
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Spoken to the claimant and they are happy for emailing the part 18 reply. They want medical records from when I allege any stress started. Do I have to prove that? I have been to the doctors because of insomnia recently but I havent had medication or anything else I just tend to buckle down and carry on. Any suggestions on how I tackle this?
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Thanks Andy, I will email them now and find out.
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CPR 18 request? Can I email everything to them Or do I have to send them hard copies? Or email them and also send a hard copy.
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I have received a part 18 request and one of the things that they are asking for is a copy of my medical records. I assume that this is because I have said that I may sue for damages for stress etc. Are they entitled to have a copy or can I say that I will produce them at the hearing, or just tell them NO!
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Ok, I will be back at court soon and have spent some weeks looking at other cases and reading. As I didnt do things in the right order I just want to check that I do things correctly this time and that I am prepared. I have all my paperwork ready to take to court and some notes on what to argue. The counterclaim has been issued and the claimants have had a copy, do I need to send any additional paperwork to the judge or the claimant so he can read through it before the hearing? Is there anything else anyone can advise me to do that would help. I have read through the practice direction but a bit unsure as to what applies in my case due to it all being jumbled up. and dont want to look like a fool in court again.
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Hi Andy, I used my debit card
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Is there a template letter available to try and claim the £210 back from Northamton that I paid, I have now cancelled the court claim I made by mistake.
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I did think of that but the security guy tells you to post them through the court letterbox outside so thats probably their getout.
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Thanks, just got back to work. Sorting the paperwork for the claimants now and just paid £245 for the court fees.
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Ok, been back to court to take the letter to the judge, I was told the counter is closed, asked to see the manager, not in today!!!! So only option left was to put it in their post box again!!!
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Ok I took the paperwork to court, they wouldn't stamp any paperwork and I had to go outside and post it through their letterbox, I now have to wait for a call after 2pm so I can pay the fee but they couldn't tell me how much.
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Ok I took the paperwork to court, they wouldn't stamp any paperwork and I had to go outside and post it through their letterbox, I now have to wait for a call after 2pm so I can pay the fee but they couldn't tell me how much.
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Many thanks again. I have read a lot since I joined but I do find a lot of conflicting information and also that things change quite a lot, default notices etc. My problem is I am dealing with 5 credit cards of my own, 3 for my wife and working 12 - 14 hours a day 7 days a week so it doesnt leave me a lot of time to be honest, but I will have to find the time to do things properly. Yes it is for just over £10,000
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Whats the chances of me getting a refund for the claim I issued today? I could do with the money back, £210
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Thanks everyone fo your advice. Now I am a little less manic I can explain a few things which you may understand better. I know that I had to file a part 20 counterclaim, top and bottom is I thought that it meant to issue a new claim, however on the claim form that I got from MBNA the claim no and password dont work anymore (this was before the deadline of 4pm today) so basically I couldnt access the details online. When I was trying to input my POC into the box the layout kept changing each time I hit the next button and it wouldnt go any further, it kept saying "too many lines" when I tried to change it manually it wouldnt work. I havent much hair to start with and I have got even less now. At this point it was like someone had thrown a bees nest into my head! Until I issued the new claim it wouldnt allow me to import any other claim, now miraculasely there is a text link to allow me to do it and it still doesnt work. Ok, I have had a reply from Optima about the claim that I sent them earlier, this is it below :- I refer to the above matter. I understand at our client's Summary Judgment hearing you were Ordered to file a Part 20 Counterclaim by 4pm today. I note that you have in fact issued fresh legal proceedings against my client, subsequently you have failed to comply with the terms of the Order. In accordance with rule 20.4 of the Civil Procedure Rules 1998, due to you having the Court's permission to file a Counterclaim you simply needed to file the Particulars of the Counterclaim and pay the appropriate fee. In order to save both the costs and the Court's time, we invite you to discontinue your claim and issue a Part 20 Counterclaim in accordance with District Judge England's Order dated 8 October 2012, whilst we note that you are now out of time for making your Part 20 Counterclaim, we will not seek to enforce the Judgment against you until 4pm on 26 October 2012. If you do not discontinue your claim (by filing and serving a Notice of Discontinuance), we will seek our client's instructions. However, we anticipate that we will be instructed to vigorously defend your claim. If our client is successful in defending the claim, our client will seek to recover its costs from you. If the matter proceeds to Trial we estimate our client's costs to be in the region of £10,000.00, plus VAT and disbursements. I recommend that you obtain independent legal advice. So to file the part 20 I will have to write the POC in a letter? or is there a special form? Deliver it to the local court where I attended for the Summary Judgment. Take two copies of the defence and CC and get my copies stamped. Then send a copy of that to the other side. The "Defence" is the POC? Whats CC? Court claim? If yes, the original one? Sorry to ask but I want to make sure that I get it right after all the cock ups.
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Point taken, I have had some problems which have hindered me in doing things when I want to which has contributed to the situation I am in now. I can't say what, but it won't affect me anymore, its sorted.
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Yes it has been transfered already to my local court. i have already emailed Optima the court papers
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Ok just spoke to lady on the phone. I dont know how to do the counterclaim online, she said about importing the claim in etc doesnt work. So I have issued a new claim although after the deadline. she said to write to the court and ask for both to be heard at the same hearing?
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too many lines, wont accept the poc. I am calling northampton ccbc now to see if I can still submit.
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I am on money claim and the thing just wont accept the text for my POC !!!!! I have missed 4pm can I call them to explain?
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Thats great thanks, the claim amount ? is that what I paid or is it the amount I paid plus all the payments I made for the loan? Interest can be claimed later?
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Yes they have marked my credit file with defaults
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Heres a copy of the court papers served. http://i911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/mbnacourtpapers.jpg I need to submit a part 20 counterclaim by 4pm
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