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  1. OK thanks , is there a Draft Order form, I see lots of threads / search results but reffering to different things.
  2. ah dx100uk and Andyorch, thank you. Confused now. Will put as you say last above at 3. Andyorch where do i put th CPR and please could I have exact words ? Thamnk you. Ok Northampton 'phone line didnt mention Draft Order, I see lots of results searching here, could you narrow down please ? if i cant do tonight I'm going to have to come back to this on Thursday. worried Do I need to be justifying delay between discovery and sending form in now ?
  3. ok the instructions says to put - Set Judgement Aside - at 3 which I am followed by your wording with figures and dates - if can fit it in ( SO nervous..) 1 The Claimant's claim was issued on ( date). 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. . 3 The Claimant's claim to be entitled to payment of £[£££££.pp] or any other sum, or relief of any kind is denied.
  4. ok so here is the text of the Guidance - question at bottom -------------------------------------------------------------------------------------------------------------- Complete form N244 as follows:  Quote your Claim number in the relevant box on the top right of the N244.  In questions 1 and 2 clarify who you are and how you are related to the claim e.g. Defendant, Solicitor etc…  In question 3 write that the order you are seeking is to ‘Set Judgment Aside’ and provide a reason for disputing the Judgment that has been recorded.  It is not necessary to complete questions 4 – 9  In question 10 clarify what evidence you wish to rely on in support of your application, if necessary providing any further details in the box provided.  Sign the statement of truth in section 10.  The applicant must sign the application in section 11; third party signatures are not accepted. If you do not comply with the above the application will be returned to you. What happens next? Once you have paid the fee, or the court has granted a request for help with fees made using the EX160 form, as you are an individual your case will be transferred to your local County Court Hearing Centre. A hearing will then be listed for your application to be heard. The guidelines contained within this letter are not legal advice. Court staff are not legally trained or responsible for the outcome of your case. You may wish to seek assistance from a solicitor or local Citizens Advice Bureau. ----------------------------------------------------------------------------------------------------------------------------------------- Questions - So I wont refer to hearing/no hearing etc,district jusdge , length of time - - - - so just need to clarify that question 10 am I safe to reproduce the informtion from 3 ie 1 The Claimant's claim was issued on ( date). 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. . 3 The Claimant's claim to be entitled to payment of £[£££££.pp] or any other sum, or relief of any kind is denied.
  5. ok so print what i email back with my address but remove 'phone number and email address - just black them out ? So concerned to do right
  6. Awesome thanks dx100uk. So I'm putting your original at 3 and 10, as follows 1 The Claimant's claim was issued on ( date). 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. . 3 The Claimant's claim to be entitled to payment of £[£££££.pp] or any other sum, or relief of any kind is denied. -------------------------------------------------------------------------------------------------------------------------------------------------- Printing name as signature at 10 and 11. almost there, just to clarify, do I need to send copy to Claimant / Solicitor ??? The court said i didnt need to send to anyone else other than them, the court , by email , which I will . Thank you.
  7. dx100uk ah sorry your reply just crossed with this , ok thanks , when you say serve on their solicitors , do I post and should I print and sign - on the phone Northmpton said send by email and wait ? thank you ok following the guidance notes so have put the defence as written in 3 and 10. it says sign at 10 and 11 , they said I could return form by email - do i just type name ? The notes say dont fill in 4 - 9 . I've put your originl wording at 3 and 10 . Not sure about Signature at 10, 11 and serving ? in your original wording it said 1 The Claimant's claim was issued on (insert date). 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. . 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied. So was going to put exactly that unles latest version above better ?
  8. OK thank you I've put CountyCourtBusinessCentre no spaces , it fits. I've used the CLAIM NUMBER from the Judgement for Claimant (in default) form after my name. Can I check the following with you please ?? 3. What order are you asking the court to make and why? 4. Have you attached a draft of the order you are applying for? Yes No 6. How long do you think the hearing will last? Is this time estimate agreed by all parties? 5. How do you want to have this application dealt with? at a hearing without a hearing at a telephone hearing Hours Minutes Yes No 7. Give details of any fixed trial date or period 8. What level of Judge does your hearing need? 9. Who should be served with this application? 10. What information will you be relying on, in support of your application? the attached witness statement the statement of case the evidence set out in the box below Am working through guidance notes , Not sure if I put all the below in at 3 ? " 1 The Claimant's claim was issued on (insert date). 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. . 3 The Claimant's claim to be entitled to payment of £[£££££.pp] or any other sum, or relief of any kind is denied.
  9. dx100uk ok finally had bank statements and no records of payment from Bank. I have not got MBNA SAR which may show cash for post payments which they say would have been passed on to AG. Have paid the £255 fee to set aside. Have 244 form open in Adobe - apologies for stupid questions , but want to ensure is absolutely correct. 1 - Can't alter size of font to put in County Court Business Centre - can only do without spaces - CountyCourtBusinessCentre , would this be acceptable 2 - On the Judgement for Claim it has my name with NO REFERENCE, it has the Defendant WITH A REFERENCE - do I use that reference on the 244 form , or leave blank as on Judgement for Claim ? dx100uk Can I ask claimant for fee if judgement set aside ? Sending this form will be a huge step , thank you for your help.
  10. ok thank you very much for all your help i'll just wait for the bank statements to double check no ther payments after Aug 11. I
  11. dx100uk Thank you , So I just do that immediately dont wait for SRA MBN - I have to pay - currently employed - DLA - I will do exactly as simply as you say - as matter of interest when was the SB date ?
  12. ok thank you very much indeed, i hope THEY have copies of corresp in the SAR response. ( i am case study of what not to do ) 2 avoid taking yr time can i just ask what if anything i need to do to keep door open for a request to set aside given delay discovering and now awaiting SAR info to support - do i need to let court DryFax know what im trying to do when it comes to request to set aside 244 forms is there a form of words will i get to present case to judge and if so any guidance here ? now have found through search 244 info, I think. still grateful for answer thoughts on what if anything i need to do to keep door open for a request to set aside gidryven delay discovering and now awaiting SAR info to support - do i need to let court DryFax know what im trying to do Back to basics here the CCJ was 29/9/17 I became aware on 10/11/17 Spoke to Court 10/11/17 (they said words to effect "will send to local court) Received Judgment 10/11/17 - Email from Court. Spoke to OC 10/11/17 checking last payment Spoke to OC 10/11/17 checking last payment SAR OC 10/11/17 Concerns ******* Court dont have new address Do I SAR AGG (Claimant) in hope of evidence regarding payments after SB date When was the SB date - OC transferred to AGG Jan 2012
  13. thank you dx100uk SAR MBNA but not AGG ??? AGG will have some letters ,maybe Email - put money in as irrational thinking, as stated to them, heavily medicated, vulnerable person, trying to be reasonable, often in laymans terms, "bonkers" letters. Do i need to do anything with Court ? Realised they only have old address . The guidance relating to vunerability and mental health appears irrelavent due to the CCJ having been issued. Not sure my competence to make arguments in person to judge but will after getting SAR info from MBNA and AGG ( if you advise dx100uk ) Any monies (pennies or at most Or postage stamps may have been included , generally 1p stamps. Generally receipt requested.
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