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ParaBellum

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Everything posted by ParaBellum

  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
  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
  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]I
  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 a
  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 cha
  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 questi
  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 ret
  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
  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 ret
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