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ThedaBara

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  1. Thanks Andy... there was 23 days between their acknowledgement and defence...I thought they only had 14 days after acknowledging... Claim Served 10 Aug. Acknowledged 18 Aug. (Apparently, although I was not informed of it by the court). Defence served 9 Sept. TB
  2. Thanks, guys. I guess I must move on, then. I am not sure whether to counter-defend... if I decided to do so, would it need to be before the Directions Questionnaire is received? The defence is flimsy and a bare denial of any guilt. TB
  3. "Every time I think I've properly researched something, I get blindsided by something else" We are guiding litigants in person through a court system that is historically designed for professional interpretation and which is predicated on litigants having professional representation. This system is not designed for the mass volumes of litigants in person. There's your answer... you need a lawyer... and some of us can't afford one... The European Court of Human Rights in Bulut v Austria[3] defined the concept as “that both in criminal and non-criminal cases ‘everyone who is a party to such proceedings shall have a reasonable opportunity of presenting his case to the court under conditions which do not place him at substantial disadvantage vis-à-vis his opponent.” Where is the Access to Justice that they all keep going on about? TB
  4. So… I emailed the court, asking what was happening as the silence was deafening, and they have written back saying that the defendant acknowledged the claim on 18 August… more than a month ago. Does the court usually let parties know the status of a claim? Or must we constantly chase it up… it freaks me out a bit when there is a long silence as I always think I should be doing something and am running out of time... Between acknowledgement and defence was 22 days… I'm wondering if that conforms with CPR re time limitations? TB
  5. All I know is if they hand back the keys to the lender, you won't get paid... TB
  6. Sounds like they are trying to scare you... if they were really serious about getting a CO they'd have made a without notice application for an Interim CO, rather than just warning you.. TB
  7. I know this is a very old thread, but it's interesting... do they still use affidavits? Are Witness Staements and affidavits the same thing? Say you were having problems bringing a witness to court to provide oral evidence, (perhaps you can't afford to pay for their time at a trial), would an affidavit be preferable rather than a witness statement, or would a witness still have to provide oral evidence as well as signing an affidavit/witness statement? TB Maybe the rules changed in this respect and they no longer use them. TB
  8. Ok. The Court received my request for judgement on 30 August, the Defence was received on 9 September... a close call, I suppose... TB
  9. Might they use the £1 as payment towards the debt, so they can say it's not statute barred? TB
  10. I have no idea whether the court has accepted the defence... but it was only 3 days ago and I'd already requested default judgement... I suppose it's in limbo at the moment... but do you agree the defendant has not complied with CPR... or am I wrong? TB
  11. Many thanks, Ganymede... I have also found this, which explains it in terms that I can more easily understand; DEFENDING A CLAIM APRIL 30, 2014 LUCY BRITT If a claim has been issued and served on you, you can either accept the claim against you (admitting that the claim is true, which might mean that you accept you have to compensate the person bringing it) or defend all or part of it. If you wish to defend all or part of the claim you must file a ‘defence’. A defence is a document that sets out why you say you are not liable or not at fault when the claimant has stated that you are. If you fail to file a defence within 14 days of receiving the claim form, or within 28 days if you have filed an acknowledgement of service, the claimant can ask the judge to accept their claim automatically, because you have not denied it within the timeframe. That may have serious consequences for you, so you should respond as soon as you can if someone makes a claim against you. The defendant did not acknowledge and his defence was filed and served 31 days after my claim was served... so is out of time as I understand it. TB
  12. The solicitor must notify... but if it's just a form K, then it's up to the creditor to try and get their hands on the money, as you are not obliged by law to hand it over. Also, it's not for the solicitor to hand over any cash against your wishes... I heard about something called Escrow Services, (is that correct, DX?), where the equity is placed somewhere safe whilst you sort it out... not sure if it works, though... TB
  13. Googled it… Seems DQ is for small claims… this is in the High Court, non specified amount in excess of £25k, to be decided by the court. TB
  14. I saw this and I'm still confused about the 14 day time limit… TB DEFAULT JUDGMENT CAN BE OBTAINED WHEN ACKNOWLEDGMENT OF SERVICE IS SERVED LATE A claimant can enter judgment in default of acknowledgement of service. What is the position if the acknowledgment of service is served late. This point was considered by Phillips J in Almond -v- Medgolf Properties (QBC Comm 19/5/2015). * THE CASE The claimant applied for summary judgment in default of acknowledgement of service. After the application was made the defendant served acknowledgment of service on the claimant but did not file a copy at court. The defendant argued that it was entitled to serve the acknowledgment late. HELD The position had to be be judged at the date that the application for default judgment was made. It would make a nonsense of procedure if a defendant could avoid default judgment by acknowledging service any time before judgment was entered. Further an acknowledgment of service had not, in fact, been filed. Providing a copy to a party was not sufficient to prevent judgment being entered. The history, and absence of explanation for the delay, meant that there was no basis whatsoever for granting the defendant an extension of time. * Reported on Lawtel. This post is based on the Lawtel summary,. CPR 12.3 12.3— Conditions to be satisfied (1) The claimant may obtain judgment in default of an acknowledgment of service only if– (a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and (b) the relevant time for doing so has expired.
  15. Doesn't the defendant have to acknowledge, and/or defend within 14 days of service, though? So I'm not obliged to reply, but if I don't, the court will strike out? What is a Directions Questionnaire? TB
  16. No acknowledgement, (last day to acknowledge was 24 Augus)t. His lawyers have served a defence, (8 Sept), full of rubbish and asking the court to strike out. Nothing back from the court re my request for default judgement. Do I wait further directions from the court, or should I counter defend against all the lies? TB
  17. It's unlawful… doesn't stop them trying it on though… this has happened to me so many times! TB
  18. Thanks… can't make it any worse, I suppose. I spoke to my bank today and explained everything, and they will put the money back into my account whilst I await a decision from FOS. TB
  19. Hi Ganymede, Well, despite the defendant failing to acknowledge, & that I'd requested judgment by default, his lawyers have sent me his defence, which basically amounts to a bare denial. I'm not sure how to proceed...do I acknowledge their defence & await futher instructions from the court?... very confused! TB
  20. Hi again, DX... I've just received this... I was wondering if, perhaps, I should get the FOS involved. I have tried to resolve things by asking for them to reinstate my cover in return that I continue with the payments, but they have not agreed to this, it seems.. . they want the money but don't want to continue covering me.. . I can't afford to pay another insurer as well as them, so now I'm uninsured. The other thing I don't understand is when they say Direct Debit payments are taken 59 days in arrears... I don't remember waiting a couple of months before starting payments... I just don't know what to do now... TB Dear ThedaBara The details of your concerns regarding your AA Home Insurance have been passed to me for review and response. I understand you feel that you did not agree to the automatic renewal of your buildings and contents insurance and as a result, you are unhappy that we have debited payment from your bank account and have advised you that you still have an outstanding balance to pay. Having investigated this matter, I can see that you purchased the buildings and contents insurance online on 8 February 2014. You agreed to the automatic renewal and instalment agreement during your online application process and selected to pay for the cover using our monthly instalment payment. Payment is collected 59 days in arrears when paying via monthly direct debit. I confirm that renewal documents for both your buildings and contents insurance were issued to you on 11 January 2016, followed by a renewal confirmation letter on 3 February. In addition to this, on 5 February a copy of your AA Instalment Credit Agreement was issued to you advising you of the terms of the agreement. It is important to note that you are required to contact our Insurance Department either by post, email or letter to request for your policy to be cancelled. Cancelling a direct debit mid-term is a breach of the AA Instalment Credit Agreement and will not result in the immediate cancellation of a policy. Our system confirms that a default letter was sent to you dated 9 June in regards to your buildings insurance and on 15 June in regards to your contents insurance. The letter dated 15 June explained that in line with the terms of your instalment agreement, we would collect the full balance of £71.31 for your contents insurance on 5 July. In view of my findings, I am confident that you were notified in advance of our intention to renew your insurance and that you had ample opportunity to contact us. I am therefore, unable to uphold your complaint although I do apologise for any disappointment caused. The premium we have retained for your contents insurance is correct and in accordance with the terms and conditions based on the period of insurance provided to you. In addition to this, as payment is collected in arrears and because we did not claim the full balance for your buildings insurance, you do have an outstanding balance to pay to ensure you have paid for the period of cover provided. Please contact our Accounts Department on 0370 405 0003 to discuss this further. To fulfil our regulatory requirement, I am obliged to inform you that I will close my file, however, if you would like me to address any additional matters, please let me know using the contact details provided. You have the right to refer your complaint to the Financial Ombudsman Service, free of charge. Although there are time limits for referring your complaint to the Ombudsman, we will consent to the Ombudsman considering your complaint even if you refer the complaint outside the time limits. Please refer to the below hyperlink for further details if required. http://www.financial-ombudsman.org.uk/ While I appreciate that this may not be the answer you were looking for, I trust I have explained the AA' s position on the matter. Thank you for allowing me the opportunity to investigate your concerns and issue a response. Yours sincerely Rachel Minall Special Investigations Executive
  21. Hmmm... it sems that when you fill in the Certificate of Service online and you type into the little box where you have to list the documents you sent, if you list vertically, as I did, only 3 documents get printed as there is not enough room in the box, so the top one drops off as you scroll down to type. I written back apologising for the error of the incomplete list of documents and have attached an amended CoS. This by email... not sure if I should send hard copy as well... TB
  22. I think what confused me, too, was the note to attach copies of documents which have not already been filed with the court... Am I supposed to attach copies of the response pack- even though the court knows what forms they are? Erk! P'raps I should start again... TB
  23. Oh... I think I see what's wrong... On the Certificate of Service form, where it asks "what documents did you serve", I have ommitted to write that I served the claim form and POC... Although I did include these documents along with the response pack. It's just an error, so should I correct it and send it back? I guess the defendant can now say I didn't include the POC, as it's not written on the form... Cripes, what a mess! TB
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