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  1. So, I submitted my defence and informed all parties that I will be leaving the country on June 14th for 18 months. However the judge has appointed the case to the Small Claims Track with the hearing on August 13th and it will be heard in my absence. Is that allowed? I thought you could only be taken to court while residing in the UK? Secondly, the Small Claims Mediation have arranged a call with me and the claimant this week. How should I proceed? I half want to go to court and demand that they prove they have all the relevant documentation - but obviously I can't do that from South Africa!!
  2. Today I received a 'Notice That Defence Has Been Filed' along with an Allocation Questionnaire. The Questionnaire says I should have received a Form N152 - which I haven't received. Do I want to go through Small Claims court or not? My defence is basically, 'I don't think I owe this money - please prove it!'. I am also moving to South Africa for 12 months in June - should I disclose this information at this stage or wait?
  3. Thanks Brigadier. The original (2009) claim was 'for failing to pay monthly instalments under account 'xxxx'. I'm not sure if this refers to the original credit agreement, or the negotiated payment terms when I fell on hard times. I know I can ask them to provide a signed CCA, but can I also ask that they submit evidence that I had agreed to pay monthly terms? Altho it's in the dim and distant past, I definitely was paying £5 per month to Bryan Carter for some time - can I ask that they prove that I stopped paying? I don't want this to be an admission of the debt itself as this is so long ago, I'm not sure the £5 per month even relates to this account!!
  4. I know that with a judgement in place, the claimant does not have to submit a signed CCA. Now that it has been set aside, can I lodge my request for a CCA and use their failure to produce one as my main defence? Ta
  5. Thanks Andy, I will call the court to see if I can get a copy of the original claim. I am unsure what the claim relates to, but any agreement would definitely have to be pre-2007. So, will they have to provide a signed copy of the original CCA to enforce it? Does it make any difference that I have had the original judgement set aside?
  6. I need to make my defense by April 12th. However, I never received the original claim so I don't know specifically what I am defending myself against. How can I get a copy of the original claim and POC?
  7. I had my 'Application to Set Aside' granted today (the opposition didn't show up!). I now have 14 days to submit a defense. I am mainly basing my defence on the failure of the complainant to supply a signed Credit Agreement, what else can I use? I do not recall any documentation informing me the debt was being transferred - can that be included?
  8. Another topic. I am unable to find a colleague willing to attend the appeal hearing with me. I have requested that I be allowed to record the meeting. This has been declined as it is not 'within policy'. Is that unreasonable? Should I be allowed to record the meeting? Would I get in trouble for recording it anyway?
  9. Thanks for the advice. My concern is that if I am reinstated (which I think is unlikely) it is not really feasible that I return as two sets of line management have commented on my lack of trustworthiness! Still it seems like the appeal is a necessary process.
  10. Slightly different topic .... I was dismissed and have lodged an appeal. The appeal is due to be heard Wednesday 20th Feb. However, in the meantime I have landed another job. So I do not want to win my appeal and be reinstated! Can I skip the appeal and still proceed with an ET for unfair dismissal and discrimination arising from disability? Would the ET judge look less favourably on my case as I did not appeal, or does this have no bearing on the fairness of my dismissal?
  11. Thanks everyone. How do I find out if the claimant has applied for further enforcement. If they have can I contest this on the grounds of the last-minute vacation? What recourse do I have if they did not submit an N244? Is there any kind of appeal system?
  12. Thanks Asbestross, the clerk said I could claim additional expenses from the wasted day IF I won the hearing! With regards to 'applying for further enforcement (AoE) ... sorry I don't know what that means. Please could you advise. Also, would requesting a copy of the fax 'get up the judges nose' or is it standard practice? Thanks Andyorch. Can I ask to see the PF244 - is this what Asbestross recommends when suggesting I get a copy of the fax? If PF244 has not been lodged, what recourse do I have as I never consented to the adjournment.
  13. UPDATE - well the wheels of justice do not always seem to run smoothly. Got to my hearing today and the clerk said 'we received a faxed request this morning to vacate the hearing'. I thought 'that's skulduggery and will obviously be rejected' but the judge agreed. So I have to wait for a new date (probably April). What should I do? Should I request my Credit Agreement from them? Can I use the lack of Credit Agreement at the reconvened hearing to have my judgement set aside, or is that applying for the judgement to be overturned?
  14. Oh, and thanks for the link. That's exactly what I was looking for. Sometimes I prefer to trust the wisdom of the CAG crowd over Google.
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