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sjp1976

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About sjp1976

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  1. Hi, Well over two years have passed and last week I received calls from Cabot which I ignored, today I received a letter as follows:- "Dear xxxx xxxxxxxx Welcome back to Cabot Your account has returned to us from our solicitors where a County Court Judgement was obtained." The letter just shows a balance apparently due with ways to pay. I phoned them and told them the history of the case with the original CCJ being removed by the Court and a Consent signed via the Court which seemed to come as a surprise to them. I told them they had no chance on earth and that e
  2. Hi, Thanks Mark for the posting. The Court office called earlier and said the Consent Order has been granted by the DJ and that I was not required to attend tomorrow. Good result I think the nightmare is over Thanks to all for all the help along the way. Thanks SJP
  3. Hi Andy, After checking again, it appears that the fee not paid is the Consent application fee and therefore the Consent Order has been placed on file for the DJ to attend to in the hearing. I'm guessing that Mortimer Clarke will email their excuses across! I guess I'm still best to go then? Thanks SJP
  4. Hi Andy, Thanks for that. My hearing date is 24th of July and I've just range the Court to confirm I do not need to attend having the consent order in place however they are saying that the hearing is still scheduled because the Claimant has not paid some type of fee. I asked if I need to attend & was basically told that they cannot offer legal advice and attendance was my choice. A little later in the conversation she did say that the consent order was on file and whilst the hearing will still go ahead it was a paper exercise but still could not offer me advice. She did say I cou
  5. Hi Andy, Using the following dates as an example will it be Statute Barred this month or in the next 6 months? Say original default date is 31/07/2009 with the Judgement entered 5th September 2014 and Set Aside granted 10th March 2015. Additionally once the Statute Barred kicks in is there any way they can take action? Sorry for the additional questions - I just need to clarify this & even though the case over the last few months has resulted in a win I'm really anxious about further issues. Thanks SJP
  6. I feel the credit goes to all who assisted in the forum thread, especially you Andy & I'd never of got to this point without your advice, many thanks for this Can I safely assume that returning the documents prevents them resurrecting the claim in future? I've only got a few months before SB kicks in anyway, this being a few months because the original Judgement stopped the SB clock until the Set-Aside. Additionally, the Judgement still appears on my record for some reason even though it was Set-Aside - I'm guessing I need to write to the Court to remind them to action removal?
  7. Hi Andy, Sent off the letter to the Court however just received an email from Mortimer Clarke (Cabot Solicitor's) with a draft consent order. Letter says we have instructions from our client to settle this claim and therefore enclose a draft Consent Order, if willing sign within 7 days etc. Consent Order:- "Upon the parties having agreed terms of settlement By Consent It is Ordered that:- 1. The Claimant's Claim against the Defendant be dismissed. 2. The Defendant's Defence be dismissed. 3. The Claimant and Defendant will be responsible for their own costs in
  8. Hi Andy, Do you think this is appropriate? "Further to the Courts instruction on the xxxx of xxxxx 2015 I am unfortunately still not in receipt of documentation from the Claimant nor the Claimant’s Solicitors. It seems apparent, having made two separate requests for the case to be stayed that the Claimant intends to drag out the process and has little regards for Civil Procedure Rules, the Court’s time as well as my own time and the stress caused by this process. Having ensured my documentation was received on-time by the Court, the Claimant and the Claimant’s Solicitor’s
  9. Thanks Andy. I'll write to the Court, do I need to copy in the Claimant and the Claimant Solicitors? Also, the Court suggested contact should be made to try to resolve the issue before the hearing - do I contact Cabot or their Solicitors? I want to tell the Court I've tried (even though I wont back down) in the same letter if possible? The money they say I owe is nearly approaching SB however since they managed to get a Judgement against me last year which I got Set-Aside does this mean the SB date is another 6 years from the date of Judgement? Thanks SJP
  10. Hi Andy, I sent in everything I needed to and got the information to the court and Cabot / Mortimer Clarke (Cabot Solicitors) on time last week however I've received nothing from them which I thought given the court order for disclosure I should have got? What happens if they don't comply? It is hardly fair for me to have to attend a hearing without seeing the information they should have disclosed! Thanks SJP
  11. Thanks Andy. In term so copying documents for disclosure, am I best to simply copy my whole file or correspondence from/to the Court, Cabot and MC Solicitors & that way I simply could rely on anything I needed I guess? Since I've already sent my defence I can't see me having to add anything additional anyway. Thanks SJP
  12. Hi, Seems my case has now been assigned to the "Small Claims Track" The court notice is as follows:- ---------------------------------------- It is ordered that:- 1. This claim is allocated to the Small Claims Track and the and parties are referred to Part 27 of the Civil Procedure Rules and the Practice Direction of that Part for guidance on how the hearing of the claim will be conducted. 2. The claim will be hear at xxxxxxxxxxxx on a date and at a time which is set out on a notice attached to this Order, or which will be sent to you later. The Court reserves
  13. Hi dx100uk, That gives me some comfort then, what happens next then? Does the court provide some direction to this giving the claimant some limited time to provide documents? Thanks
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