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About jsmith07611

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  1. ok thank you so should i write in the witness statement the reasons why i disagree to their defence or should i wait for the proper trial to do that?
  2. Thank you very much for replying and your help. I just didn't quite understand what you meant in your reply below. From what i understood that i should put in the opposition based on their defence. i should write to the judge that their defence is faulty already at the hearing to set aside judgement which was option 1. option 2 was to not mention anything about their faulty defence, allow them to set aside judgement and then explain why their defence is faulty in the later main court hearing hearing. i am a little muddled up. I appreciate your help thank you
  3. their defence is faulty. there has been two issues with the defendant. issue 1 and issue2. issue 2 was resolved and i accepted the offer. the defendant has mixed up the two issues and said that i have accepted their offer previously. they quoted my acceptance of issue 2. it is an obvious error on their part. my question / dilema is should i bring this up at the hearing to set aside judgement or should i wait until the real hearing. please see orignial post for plusses and minuses of both options thank you for your help
  4. hi the defendant went through his solicitors. the solicitors did not reply via the mcol (i have no idea why not) they wrote in their statement that they sent their aos via email to [email protected] instead of [email protected] (actually both these email addresses are wrong as the correct email address is [email protected] or just replying via mcol p.s. sorry what did you mean by run over it
  5. Good evening and thank you for this amazing forum It is a case for 5k where i am not sure whether to try and point out something or not in the hearing for setting aside judgement I am the claimant. the defendant replied their defence to an incorrect email address and therefore i was awarded default judgment as the court did not recieve their defence in time. the defendant sent an email to one of the ccbaq email addresses which was not the correct email address for filing a defence. in the atutomatic reply it said not to duplicate the email as it wastes court time, so they di
  6. thank you for replying I am sorry that it is taking this long. i am trying my best i thought it would not be that complicated poc. I do not know the sellers or their solicitors. They did have some terms and conditions which was adobe online signed. basically if the sale falls through i get refunded the deposit so to try and sum up the whole story. 1 on 31/03 i found an estate agent/property sourcer called secretproperty.co.uk which are meant to source bmv property deals. 2 I thought they were legitimate as they are regulated by the property omubdsman and were adveri
  7. thank you for replying It would probably be helpful to you if you gave us much more information. You have given a very abbreviated resume. I'm concerned that you have already fired off a letter of claim but haven't fully prepared yourself to issue the action if the letter of claim is ignored – which presumably is exactly what is happening. you are correct. it has not happened yet but i requested judgement and think it will happen today We always tell people that they shouldn't start entering into any procedure or pre-action procedure without being very clear of the paths that they may
  8. thank you for replying. payment made 31/03/17 letter of claim sent on 15/05 deposit amount 5k i would like there to be two defendants 1. the limited company (estate agent) 2. the director for withdrawing the deposit (presumably to himself without permission) the defendant has kept promising to send the money but has not done so. i hope this is the information you are requesting but if not please let me know as i am new to all this thank you
  9. Hi everyone I am new here and i am pretty sure my particulars of claim will be too vague after looking over it after filing for judgement. The complaint is that i paid a deposit to an estate agent/limited company to purchase a property through paypal. i never was given an opportunity to view it. afterwards i requested a refund of the deposit which they kept promising to refund but never did. moreso the director of the company illegally withdrew the funds of the deposit out of the paypal account even though it was a deposit and was not meant to be touched. Please
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