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Transit Man

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  1. Silly question I have recieved an offer that I may take up, I have not signed it yet so not legally bound by the conditions of it, no admissions made and a notice i have to send off to discontinue. Is this all ok and will this be the end of it A little concerned that if I accept will they ever be able to take a legal action against me in the future.
  2. Thanks martin20 Do I put that into the sarch box at the top of the page to get the results. I looked at and read MCOB section 12.5 last nigt the bits from here have already been quoted
  3. Thanks for the reply martin 2006 Where they have " specifiying in more detail the basis of his claim " Could I put to to reclaim unlawful fees, charges and interest charged on my mortgage. Regarding legislation, rules an regulations I have been reading what I put on the Origional POC I sent I have quoted the unfair terms in Consumer Contracts Regulations 1999 ( UTCCR ) Also the mortgage conduct of business rules ( MCOB ) under thefinancial services and markets act 2000. Also I had put by virtue of the above, the defendant has treated the claimant unfairly and in breach of their obligations under. I have read the MCOB ans UTCCR and I really do not understand them enough to expand on what I have included in my Origional POC is there any template letters with expanded elements of the POC that I can use to complete what I neef to advance this claim any words I could use, letters or more rules or regulations that may help. Sorry that I am asking I really do not want this claim struck out. Thanks TM
  4. Hi could somebody please offer me some advice on what to write back to the court I am totally lost at shat to write have looked back at there defence they say " it is denied that the defendant is liable to the claimant, wether on the grounds alleged or any grounds. What do they mean ??? Without prejudice to the foregoing, the particulars of claim are inadequately pleaded and are substantially lacking in particularisation. Further, the claimant has not pleaded. What foes this mean??? I used the P.O.C. from the library so this had all the legislation they arr questioning. The basis upon which any charges which were applied to the mortgage account were " unfair " or " unlawful " What can I put in a responce to this. The basis upon which the defendant is alleged to have caused the claimant any detriment or loss. What can I put in reply to this. In the circumstances the defendant requests that the court exercise its power under CPR 3.4 (2 ) to strike out the particulars of claim on the basis that the particulars of claim disclose no reasonable grounds for bringing the claim. What can I write in responce ro this. Save as expressly admitted, denied or reserved herein, no admissions are made and the claimants are put to strict proof. What does this mean. Sorry this post is so long I am hoping someone can offer me some help with writing a reply as I really lost st what to put in a letter and I have gone too far with this claim for it to be struck out. Thanks once again TM
  5. No I have never had a request from them, they actually sent me an offer which I refused but have never said verbally or written that they wanted any more information. How do I respond to this andy as you can see in my post above I am limited on the time to respond with there being a bank holiday this week so really need to post Thursday to ensure it gets there for the 30 May i do not want this struck out. Thanks TM
  6. Hi thanks for all replies this is the letter from the Court copied word for word i look forward to your help with repling to this. General Form of Judgment or Order In the County Court at XXXXXXXXXX Claim Number: XXXXXXXX Date: 16 May 2017 A Circle with a Crown in it With The County Court Printed in it Then My Name 1st Claimant Ref: Their Name 1st Defendant Ref: Before District Judge ( Name of Judge ) sitting at the County Court at XXXXXXXXXX( Then the Courts address and post code ) IT IS ORDERED THAT 1) The Claimant shall by the 30 May 2017 send to the Court and the Defendant Further Particulars of Claim specifying in more detail the basis of his claim, with particular reference to why he claims the Defendant has breached the legislation,rules and regulations referred to in the particulars of Claim. 2) In default, the claim will be (and is hereby) struck out on the basis that it fails to provide any basis upon which the claim could succeed. Dated 10 April 2017 Hope this helps Thanks TM
  7. Thanks dx100 I do not have a smart phone and I do not own a camera. TM
  8. Thanks Andyorch For the reply unfortunately I do not have a scanner What I have written is the all the text from the letter, if I could scan it would read exactly the same, Iincludenthank you for your reply I was hoping for some guidance as what to incude in the reply as in post #186 Thanks TM
  9. Hi can anyone offer some help Had a letter from the court asking for further particulars of claim specifying more detail on the basis of claim with particular reference to why he claims the defendant has breached the legislation, rules and regulations referred to in the particulars of claim. I used the partcular of claims letter in the library with legislation etc. Could anyone help wih some guidance on how to reply and what to include in my reply. Thamks TM
  10. Hi Revived a letter saying we write to our letter of xx xx xx which enclosed our clients direction questionnaire. Then it says we acknowledge your direction questionnaire. Do I need to respond to this letter saying I recieved them ????. I have supplied the mediation service with a contact number, they are asking me to provide a telephone number to the court and to them the court will have a contact number via the questionnaire. Do I need to send the writer of the letter a contact telephone number also I am protective of this as I dont wish to be bombarded with un wanted telephone contact. They also say they have not had a responce to our letter of xx xx xx this is mainly about what they are offering this is an absolute joke and its not worth the time and effort to write it. It gave me a limited time to accept it this has well expired it does not say I have to let them know by repliying do I need to write and say I am not accepting I personally think this is obvious by not repling to it. Thanks TM
  11. Quick update Recieved a letter saying the claim has been transfered to the county court hearing centre for allocation. Am I correct in thinking the defendant does not want mediation and there is now going to be a hearing in front of a judge ?? Tm
  12. Thanks martin2006 For your reply I am looking forward to the mediation process and working to get a satisfying result how long do the calls last they say one hour time slots. Thanks TM
  13. Hi putting together bits for mediation could anyone give me any pointers on how the process goes and what notes I need to have etc. Thanks TM
  14. Hi The small claims track I know ihave to send one back to the court I also have to send one to the defendant, Do i send it direct to the defendants address Or do i send it to there solicitors who have sent me the defendants defence. Thanks TM
  15. Thanks for all your replies Filling in DQ ( small claims track ) if I agree to mediation do I still have to fill section D1 filling in a county court hearing centre, NOT a silly question as in section A1 you have agreed to mediation. Neither on the notes supplied it does not say if you cant agree at mediation then fill in a court you wish it to be heard at if you cant agree the above. TM
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