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Everything posted by patterns

  1. The judge if a claimant failed to include why a stay was put in place, when they had 4 grounds listed on their application for the appeal of stay, the first being to lift a stay. If they cant provide the reasons for the stay, the case cant proceed. Makes sense, if you are wanting to lift a stay, you as the claimant need to provide the documents of original stay. Doesnt matter if the defendant even explains it or includes original defence, the claimants duty is to provide this information in their application, as a stay of SB must have been put in place for a reason.
  2. Hearing was dismissed before it started! if an application is requested for a stay to be lifted, then the claimant must first provide information as to why that was put in place. if they cant, it is dismissed and cannot proceed. I believe the claimant has right to re-apply. we shall see if they do I was extremely well prepared for this, Andy your WS was solid and i spent a lot of time getting this right in my head. Being my second hearing i was a lot more confident I also found a couple interesting articles: - https://www.moneysavinge
  3. attached. i have just seen in their appeal drydens mention 7 days filing prior to hearing, but im confident the remote hearing rules supercede this, as i have called as was told 48 hours, as well as it stating it on the court order sent after the appeal Scannable Document on 10 Mar 2021 at 00_05_15.pdf
  4. Yes i believe Dx noticed 1 page had some loan numbers showing. i can upload now, i will just redact the numbers
  5. OK the hearing letter said 48 hours. i didnt know this and it wasnt written anywhere on the hearing letter, simply to submit trial bundle 48 hours prior to hearing. Maybe because its a remote hearing. All i can do is follow that and submit tonight i will leave the WS as is and submit now
  6. Right! Ok understood thank you Andy. Submitting this evening or tomorrow morning. Hi DX100 - About the undated default notice... that was sadly just my scanner missing the date alas, but we previously did discuss and its been built into the WS - DN date was october 2016 Just to lastly clarify the date they acknowledge as my last deferrment being 2008, is this the point from which you accrue the 6 years for SB? Therefore by the time they submitted the DN in 2016 it was already SB, even though i was communicating with them in regards to not accepting my deferrments?
  7. Hi Guys, Hearing is in a couple days and still not had a trial bundle through from erudio. i know they included documents with their app to lift stay prior to hearing dates set, but surely they should also be following the protocol outlined by the courts? i am receiving their emails as they have sent through a statement of costs yesterday One thing i was unsure about in the WS: "6. (You will have to insert here how you did eventually sign their forms and what dates submitted and deferred dates etc..etc. and how the default markers were removed after con
  8. Thank you Andy, that is invaluable information, and very reassuring, i have some idea of what to expect. I was fearing that I was going to be grilled for two hours continuously and the prospect seemed incredibly daunting Yes indeed I am going to prepare some notes on a separate paper as you say, it's a great idea thank you
  9. Thanks Andy, To be honest no, i dont think so it just tries to fluff up their claim from what i can see. i will just submit what i did for the preliminary hearing which i posted up here before. One thing im curious about is 2 hours are allocated. The only experience i have had with judge/magistrate is setting aside a SD some 15 odd years ago, which lasted 10 minutes. Is there some guidance or resources for the type of questions i may be asked and how to prepare myself in the hearing?
  10. Hi Dx its a struggle to get it down to size, are the numbers still there i cant see them, ill reupload Thanks for these points. Andy did the WS for me, should i be adding these points to that you think?
  11. hi guys was waiting to see if anything else came but this is the final documents so far Should i add anything?
  12. Hi guys i have the final documents from claiment They added to their claim, do i need to respond in my statement or stay with what i have? i also have seen they added all my content, do i need to do the same? ive posted the first page content page showing 111+ pages and additional statement they provided Trial Bundle additional.pdf
  13. Thanks for clarifying old cogger, thought so And thanks DX yes apologies its intrum that have it now not moorcroft, i got confused
  14. Quick update guys i got a letter stating they are not procoeeding at this time! Good news for now. This will be 6 years SB end of this year. However i noticed when looking at my credit file, the original debt is nulled and the default is now under Moorcroft with a default date they obtained, so 2018 not 2015. Im right in this is irrelevant and it is the date of original debt, once that passes 6 years it is removed from my file? on paper it appears to look like a new debt
  15. hi guys so just opened my post and thankfully no rubber stamp! Hearing date march 2021, documents to be submitted electronically Andy much obliged for this, again thank you guys for the support and donation made Presuming to await erudio electronic bundle before i submmit anything further? shall i upload all documents received by CC?
  16. No indeed but i think you advised to send it asap regardless? Thats understandable thank you again a few days wont matter hopefully. They made application 11 nov 2020 so im outside the 7 days you mentioned, but it fell in lockdown so hoping there is some flexibility with this due to the current climate
  17. Thanks alot Andy, will grab some more paper and ill make another donation as soon as home. Regardless of the outcome thank alot guys!
  18. i think your post numbers are different to mine? This is what i have so farERUDIO WS2.pdf
  19. Right thanks Andy i couldnt find that, so owner relates to erudio ill leave my WS as is then and post in a couple hours
  20. Yes indeed DX100 i read about that and i continued to follow protocol allowed in regards to defement which by their own admission continually ignored for multiple years You think i should add this about the debt buyer being able to issue a DN or leave as is? i can only see 3rd party websitees stating only a lender can issue a DN but not anything direct hoping to post this today as im aware im already a bit late but hoping the current climate and recent lockdown will permit some leniancy
  21. Yep massive dam, i was excited for a moment How about this? If they state my last deferment was Oct 2008 then that was my last deferment? I cant see anywhere else where it states my last deferment was otherwise Scannable Document on 4 Dec 2020 at 13_12_42.png.pdf
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