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ThedaBara

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Everything posted by ThedaBara

  1. Ahhh... I seem to have attached it... I've no idea what I've done wrong... it clearly states on the Certificate of Service what forms I served, and they already have the POC. I'm not cut out for all this malarkey. Just when I think I'm getting to grips with it, I realise I know nothing... TB
  2. Oh dear... the court has written back... I've done something wrong. How do I attach a PDF, please? TB
  3. I just can't watch people being subjected to such terrible behaviour...it scares and depresses me... it's not entertainment and should not be portrayed as such. TB
  4. Thanks. Yes... I requested judgement on the 30th August... I thought I'd be notified by the court within a week if the defendant acknowledged, but 10 days have passed with nothing from the court... perhaps he didn't acknowledge, then. TB
  5. I just can't bear watching those programmes... the thought of all those poor people being persecuted and bullied, it really upsets me... Who but a sadist could sit there with a cup of tea and a biscuit and enjoy watching those less fortunate losing their homes or possessions? Poverty Porn just about sums it up... TB
  6. Thanks, Ganymede. Is the 14 day limit usually quite strict or are the courts sometimes a bit elastic with AOS... Given that the last day for doing so was the 23rd, wouldn't I have heard something by now? TB
  7. Hmmm... yesterday I received a letter from his solicitor to say that they will be acting for him... a Notice of Action to which was attached form N434 (which seems to be a change of solicitor form). Does this count as an acknowledgement, even though it is signed and dated 31st August? (Last day to acknowledge was 23rd August). TB
  8. SQUEEEEEEEEEEE!!!!!! Oh, well done! Hugs and kisses.... I will pass it onto Holmes for you... this will make his day!! Fantastic news.... I am still out on the lonely moors... will let you know what happens. xxxxx
  9. Haha!! Ols age is great... I have forgotten what it feels like to be embarrassed... TB
  10. This has happened to me loads of times at the Co-Op... the usual [problem] is to advertsie stuff as a special offer, price displayed on the shlf, then when you look at the till receipt, they have charged the 'normal' price... they say, oh, that offer has finished now... so why leave the wrong details on the shelves?! They are banking on people not checking, I suppose... TB
  11. I was going to find a better quote after cancelling with the AA… but this business where they took the whole year's premium for the contents insurance has left me without the funds to go elsewhere… I don't have any savings and am on a low income… I'm worried that they will insist on taking the buildings premium as well. I am currently uninsured and that's really worrying. I even agreed to continue with them until the end of the term if they will re instate my cover, but they have refused. TB
  12. This is the email they sent me after I stopped paying the direct debits… Thank you for your email. * I can see from your file and from your email that you had cancelled the direct debits in order to stop the renewal from proceeding. * As you pay by monthly direct debits you entered into a loan agreement and as per terms and conditions of your policy payments cancelling the direct debits does not cancel the policy. * Instead it allows us to retrieve the missing payments or outstanding balance from your account. * I have cancelled the buildings and contents policies from today. * As it stands the £71.31 taken was the full yearly contents policy payment so far £22.84 of this has been refunded. The buildings policy will still at this time have an outstanding balance of £101.17. * The underwriters will require proof that another insurance policy was taken in order to backdate your policies to receive any additional refund. * What do you think… can they make me pay, even though they have cancelled both policies? TB
  13. Thanks, Andy… I have all my evidence, obviously, just in case there is a hearing. TB
  14. Many thanks… I will send the request today, then… I'll send a copy of the Certificate of Service along with the tear off strip from the bottom of the Notice of Issue… I won't need to include anything else, will I? Is it true that I don't need to provide any documentary evidence if the defendant fails to acknowledge? TB
  15. Thanks, Ganymede… The defendant received the claim on 10th August. So that's about 21 days ago… TB
  16. Thanks, Andy… so I don't request a default judgement until 33 days has lapsed. Why does it state a 14 day limit for acknowledgement of service? Can the defendant just wait 30 days and then acknowledge? Are there any penalties for failing to acknowledge within the 14 day period? Gosh… so complicated! TB
  17. Hi, guys! I was about to file a request with the court as the debtor has failed to acknowledge service of claim… but now I'm very confused again as I found the following advice, and it states I must wait 28 days… I don't want to mess up and would really appreciate your help… TB A​p​​plying for default judgment - Step by step guide Step 1: Find out date of​​ serv​​ice ​ You cannot get a default judgment unless 28 days have passed since the defendant was served with the Statement of Claim. If you did not serve the defendant yourself, you can find out when they were served by: calling the court, if the court served the Statement of Claim by post looking at the Affidavit of Service prepared by the process server asking the friend or relative who served the Statement of Claim. For service by post on an individual or a company, the Statement of Claim is taken to be served on the 4 th working day after it was posted. For service on a business running under a business name or a partnership, the Statement of Claim is taken to be served at the end of seven days after the day it was posted. Step 2: Get the ​​​for​​ms You need two forms: Form 38 Notice of Motion - Default judgment for liquidated claim Form 41 Affidavit of Service You can get copies of forms from: your nearest Local Court or the Uniform Civil Procedure Rules (UCPR) website. You will not need the Affidavit of Service form if the court served the Statement of Claim by post. If it was served by a process server, they will have already filled out and signed an Affidavit of Service. Step 3: Arrange for Affidavit of S​ervice form to be filled out and signed or get completed for​m from the process server For information on filling out and signing an Affidavit of Service, see Serving the Statement of Claim, Instructions for filling out an Affidavit of Service, Sample Affidavit of Service 1 and Sample Affidavit of Service 2. Car icon If the claim is about a car accident and need to fill out and sign an Affidavit of Service, see Instructions for filling out an Affidavit of Service - car accidents, Sample Affidavit of Service 1 - car accidents and Sample Affidavit of Service 2 - car accidents. Step 4: Fill out and ​s​​ign Notice of Motion form You can fill out the Notice of Motion form in neat handwriting in blue or black pen. You can also fill it out on your computer screen. The guide Completing Approved Forms (52 kb) has instructions on how to do this. To fill in the Notice of Motion form you will need to have the following information ready: your case number (you will find this on your stamped copy of the Statement of Claim) the date that the defendant was served with the Statement of Claim the amount of any payments made to you by the defendant since the Statement of Claim was filed a re-calculated amount of interest to include the extra days between filing the Statement of Claim and signing the Notice of Motion (see Interest, filing and service fees) the name of the person who signed the Affidavit of Service and the date it was signed (not needed if the court served by post). It will help to have your copy of the Statement of Claim and the completed Affidavit of Service with you while you fill out the Notice of Motion. In the Notice of Motion form under the heading 'Affidavit' you need to set out: the amount of the debt when you filed the Statement of Claim any payments made by the debtor since you filed the Statement of Claim, or that no payment has been made the amount of interest you are claiming up to the date of signing the Notice of Motion the amount you are claiming for filing and service fees how and when the Statement of Claim was served on the defendant how you know about the information in the Affidavit. For detailed instructions, see Instructions for filling out a Notice of Motion - Default Judgment for Liquidated Claim. To look at a completed form, see Sample Notice of Motion - Default Judgment Liquidated Claim. For more information on signing affidavits, see Affidavits.
  18. They are trying that one on with me... I have FOS involved and they have given HSBC some time to try and find details of my claim... Not sure what will happen if they don't find anything, however, I am lucky enough to have the original signed agreement, dating back to 1986, no less! I had loads of loans from HFC, plus a mortgage... but not sure how I will claim anything without the agreements... (I do have the policy numbers on old bank statements, though... will just keep digging, I think! Good Luck! TB
  19. I certainly haven't signed anything for the renewal of 'contract', if that's what it amounts to…I don't see that they can accuse m of default… I don't owe them anything… or at least I didn't think I did, but they seem to be treating this as a loan… TB
  20. They wrote and told ME it was cancelled after I stopped the direct debits… but not before they had raided my bank account for the Contents Insurance, and when I placed a block on them, because i knew they'd try to do the same with the Buildings Ins., they wrote and told me they had 'served' a default notice, (although I have yet to receive it)… TB
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