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Kirkstaller

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About Kirkstaller

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  1. Cheers mate. From other threads it looks like they might still try to get us to pay the alleged debt, needless to say we won't be.
  2. My wife called the court yesterday to ask if the claim has been stayed (nothing back from Cabot or Mortimer in response to our requests). The confirmed over the phone that it had. My wife asked if they would be confirming this to her in writing and they said no - this seems odd to me, is this standard practice? Would you recommend any further action now the claim has been stayed? I know this is not 'the end' of the matter - although it's good news for now and a spot of luck after messing up the defence. What happens if they don't supply the requested paperwork? Thanks again.
  3. Thanks for your advice, I think we will do as you suggest. We've only fought one claim before and that was in 2014 (not through MCOL), so my wife thought she had to fill in the box before the system would accept AoS. Needless to say, it won't happen again! We went on to win that claim in court. What do we do about the postal order Cabot are claiming we didn't enclose? Should we respond to their correspondence and send another PO? Mortimer have acknowledged the CPR 31.14 but have not responded with the requested information. We're hoping they are unable to locate it (as I've seen in other threads). We never received a default notice so I'd be interested to see what they come back with. I'll let you know how we get on. Until then, I'm reading up.
  4. Her advice was to submit an application notice. Can I ask what your idea is? Thanks
  5. Is the only way forward to submit an application notice? Or do we have to continue with defence she submitted?
  6. Hi They havent come back with a full answer yet but advised to email MCOL informing them of the error and with the correct defense failing that might be an application notice Thanks
  7. Thanks. Is amending the statement of case the best way forward now? I don't imagine the defence we've filed will be of any use. What happens if Cabot can't produce a copy of the agreement and default notice? What a mess this now is.
  8. We received the letter on post #7. We thought it was merely an acknowledgement of our position. My wife has been onto her lawyer friend this night, who has signposted us to a route which might allow us to amend our defence. We are emailing the defence tonight. It doesn't look great but the facts remain the same. Thanks for your help. I'll keep you updated.
  9. I've logged into MCOL using her Gateway ID to lodge the defence. At the foot of the page it says 'Response History', under which it says the Latest Document is 'Defence'. When I click on the claim number and 'View Defence' it takes me to the single paragraph my wife wrote when she was acknowledging the claim and saying we were going to defend it. The document status is 'Issued'. There is no option to edit/add to this. Have I got this wrong? My wife says she had to put something in the defence box when acknowledging the claim and defending it.
  10. I've royally messed up. And I could cry. When acknowledging the service and saying we are defending the claim, my wife has written her own defence - a single paragraph saying: I believe that I cleared the balance with Fashion World and as I did not receive any statements from them I was not aware of any outstanding balance due What the heck do I do now. Is it possible to amend the defence? Can we put something in more formidable later on?
  11. As in - keep para 3 unchanged? Do I resubmit the CCA request? Respond to Cabot's letter? Thanks
  12. Thanks. One final thing - what do I do about the CCA request I've potentially ballsed up (and will resend)? How do I address this in para 3? Thanks a lot
  13. Hold the press - Cabot have now replied and said that I didn't include a postal order or cheque for £1 when I made the CCA request. I did send this but I think the Payee was the solicitors (receipt attached). What do I do now about paragraph 3?
  14. If they haven't submitted an account reference what should I do about the opening paragraph? From looking at other threads I assume the particulars of claim is the standard opening of a defence?
  15. Cheers thanks you so much. I'll be submitting it through MCOL tonight.
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