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ParaBellum

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  1. Just to update. My application for delivery of the agreement to the court seemed to cause a reevaluation of the default judgment. A new deadline has been set for delivery of the agreement. While this seems to be a de facto set aside of the verdict in favour of the Claimant, is it de jure? Is anything else required to set the record straight? I also reported the id theft to the police as suggested by jasper 1965; as he hinted, they were not too keen and in fact refused to accept that I was now the injured party and record the crime while offering much 'helpful' advice about the running of my case. As a result of their refusal to record the crime I have made a complaint and await developments with interest.
  2. The official notification is 'Failure to return claim form' which I think means set aside is my route? I couldn't think of a watertight way to show the Claimant to have lied so I put in an N244 requiring delivery of 'The Agreement' to the Court as well. This is now in limbo along with an N244 CPR 18 application. With the SAR application I did not use my usual signature as it being an ID theft case I didn't want to give the Claimant anything to bolster their case. The Claimant did deliver a signature quite unlike mine so would have rejected it anyway. The police route is a good idea and one I will pursue but at the moment I will be concentrating on the appeal. Does the appeal require a hearing and a time allocation i.e. Is it the £45 route or the the £85??
  3. I only know via G.'s lawyers(Irwin Mitchell since you ask) were kind enough to inform me. Does the lie have the protection of court priveledge or by causing to have published the CCJ have they committed defamation? The final wording of the 31.14 order is below: [1]Unless the Claimant within 14 days of the service of the order complies with the request made by the Defendant on February 28 2011 pursuant to CPR 31.14, by the providing to the Defendant the documents mentioned in the Particulars of Claim, namely The Agreement: a) the claim shall be treated as being struck out [2]In the event that the Claimant shall complies with paragraph 1 above with this order: a) the Defendant shall file and serve a Defence within 14 days of the date of such compliance
  4. The Court was even friendlier to GnatAntiEast than I suspected. Having believed the lie that G. gad delivered the agreement and despite my having made clear that another N244 was on the way that gave judgment in favour of G presumably on the basis I had submitted no defence. That is true but my 31.14 order made clear and endorsed by the Court that I should have The Agreement in order to construct my defence. What is my best approach on the appeal?
  5. Jasper 1965 was quite correct about and if anything underplayed the accommodating attitude of the Court to the banks. GanatAntiEast LIED to the court, saying they had supplied The Agreement to me, and the Court accepted their version. A straight N244 repeat risks the same tactic so will it fly if I request that two copies also be sent to the court as well as me so that in the event that I am still not supplied with The Agreement the court can forward a copy? Also a short response time,7 days, as by GanatAntiEast's statement to the court that they had supplied The Agreement, it should be available to be dispatched by return of post? Andrew1's suggestion about the Penal notice is very attractive. Two further questions: The 'Statement of Accounts' supplied to me had no location information about the ATMs used. Some banks routinely supply this on their statements. Does anyone know itf this is true of GanatAntiEast? I still have a CPR 18 request to enforce. Can I squeeze it into the above N244?
  6. My N244 request for 'The Agreement' was granted and the time allowed has expired, as, though they supplied a 'statement of Accounts', there was no agreement. Presumably I now inform the court and the case will be struck out. At the moment I have not submitted a defense and have not been allocated a track. I intend applying for costs: Should I mention that speculation about track allocation is irrelevant? That the spirit of the 'small claims' track has already been violated by one of the parties being a lawyered-up multinational? Is N244 the appropriate route? I intend to include a charge for 50 hours of my time, which is if anything an great underestimate. What have others found to be the response of the court? Has anyone an example?
  7. Just to log progress. I got an N244 in requesting that my CPR 31.14 be enforced. This stopped the clock, so no 'embarrassed defence' was necessary, and was successful. The bank have delivered a 'signature mandate' and a 'statement of account' but not yet the agreement. The court had crossed out my request for costs. Will I be able to claim them later? I was considering a SAR but notaries do not just verify identity but also give data that the bank could use. I am just at the point of submitting a CPR 18 request set out below. Comments welcome. Please answer the following questions: 1. Why is the ‘signature mandate’ dated 15/10/2011 when the account was opened 14/10/2011? 2. Where are the ATMs, implied in the ‘statement of account’, located? 3. How many of the ATMs have cameras recording users? 4. Where are the photographs? 5. Who can get access to them? 6. Where was the card, used to access the ATMs, transferred to the account holder? 7. What does ‘BMACH’ mean? 8. a)To which address(es)(email/web/terrestrial/other) did the Claimant send communications for the Account holder? b)When? 9. a) Which number(s) did the Claimant phone to contact the Account holder? b)When? 10. How was the Account holder identity verified? 10. How many staff or ex-staff have been investigated for producing fake IDs? TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU
  8. Somebody opened an account in my name and extracted just under 5K. Instead of involving the police the bank, which I will call GnatAntiEast, decided to remedy their mistake by suing me. Following the advice on this site, which I have found very useful, I put in a CPR 31.14 request for the agreement. They offered to agree to extend the period for defence submission by 2 weeks AFTER I had the agreement. My questions are: Does the defence period for submission deadline have an absolute maximum and if so what is it? Would the court agree to a contingent extension? Does the agreement returned have to have identity evidence that may have accompanied its original submission? Can CPR 18 be used to expand details from the agreement while the track is undecided? Especially in a case like mine, most of the evidence lies with the claimant, and usually in the small claims court, forcing disclosure is not an option. I noticed some discussion of 'Directions' as a proxy for disclosure at the Allocation of track stage. How successful has that proved to be? If 'Directions' prove not to be an option has anyone found using a counterclaim of defamation ( for > 5K) or harassment a useful tactic? Finally some more general questions: The chequebook/credit card/debit card was not delivered to my address. Is the bank so incompetent to permit collect of these items from the bank branch or have them delivered to some other address? If the post office was used to redirect mail is there a database listing such diversions? I have reported this to the police. The problem is that they do not regard me as an injured party and frankly didn't seem that interested. I told the bank I had reported the matter, giving crime number and contact details but they had the brass neck to came back saying that they had phoned but the police weren't getting back to them! My feeling is that they fancy their chances with 'on the balance of probabilities' rather then 'beyond reasonable doubt'. I did start the SAR route but as it is an identity theft case I do not have the correct signature. As I do not intend to give them id data that would bolster their case I am considering a notary. However if I end up in the small claims track I believe they can refuse to divulge data; additionally they can delay for 40 days. I had no communication with the bank until letters demanding payment.
  9. Just to cover the points raised: I have reported this to the police. The problem is that they do not regard me as an injured party and frankly didn't seem that interested. I told the bank I had reported the matter, giving crime number and contact details but they had the brass neck to came back saying that they had phoned but the police weren't getting back to them! My feeling is that they fancy their chances with 'on the balance of probabilities' rather then 'beyond reasonable doubt'. I did start the SAR route but as it is a identity theft case I do not have the correct signature. As I do not intend to give them id data that would bolster their case I am considering a notary. However if I end up in the small claims track I believe they can refuse to divulge data; additionally they can delay for 40 days. I had no communication with the bank until letters demanding payment. I will be checking my credit files.
  10. Somebody opened an account in my name and extracted just under 5K. Instead of involving the police the bank, which I will call GnatAntiEast, decided to remedy their mistake by suing me. Following the advice on this site, which I have found very useful, I put in a CPR 31.14 request for the agreement. They offered to agree to extend the period for defence submission by 2 weeks AFTER I had the agreement. My questions are: Does the defence period for submission deadline have an absolute maximum and if so what is it? Would the court agree to a contingent extension? Does the agreement returned have to have identity evidence that may have accompanied its original submission? Can CPR 18 be used to expand details from the agreement while the track is undecided? Especially in a case like mine, most of the evidence lies with the claimant, and usually in the small claims court, forcing disclosure is not an option. I noticed some discussion of 'Directions' as a proxy for disclosure at the Allocation of track stage. How successful has that proved to be? If 'Directions' prove not to be an option has anyone found using a counterclaim of defamation ( for > 5K) or harassment a useful tactic? Finally some more general questions: The chequebook/credit card/debit card was not delivered to my address. Is the bank so incompetent to permit collect of these items from the bank branch or have them delivered to some other address? If the post office was used to redirect mail is there a database listing such diversions?
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