ThedaBara
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Everything posted by ThedaBara
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Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Haha!! Balons rouges… We seem to be wandering off the plot here. TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
I meant 99, of course… TB:lol: -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Got a hundred worries but that ain't one! TB -
Gas/electric standard charge rip off
ThedaBara replied to laura2346's topic in Utilities - Gas, Electricity, Water
Some companies don't take part in the Winter Warmth discount… I am on (guaranteed) Pension Credits. TB -
Gas/electric standard charge rip off
ThedaBara replied to laura2346's topic in Utilities - Gas, Electricity, Water
When I complained about having to pay £1,500 a year for electricity, EON wrote back and said they had a tariff which would save me more than £400 per year... so I asked to be put on the new tariff and they wrote back and said, oh that tariff has been withdrawn now... [removed] TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Hahaha… I wouldn't go that far! TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Yep! TB -
Me too… don't stir the hornet's nest! Anyway… they would just go ahead and get the ICO without notice if they were entitled to enforce the claim… which proves it's just scaremongering. TB
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Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Many thanks, (Handy) Andy… I believe I only have to prove that I sent it to the correct address and not that the defendant received it…I have proof of that and I know without a doubt that he is living at that address. TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Hmmm… it's hard to know what to do for the best, sometimes… anyway, I have a print out of the signature… it's whether she gives it to the defendant, isn't it? It is deemed served by dint of the certificate of service, I suppose… I posted it and now it's down to the defendant to acknowledge… or not. TB -
They'd have to apply for an Interim CO first… then there's an hearing to make it final… Did you move house a lot? Perhaps they sent to the wrong address… but I doubt they can enforce the CCJ now that so much time has passed. TB
- 17 replies
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- drydensfairfax
- erudio
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Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Special Delivery… £6 odd!! TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Ok… I sent the claim yesterday and was checking to see if the defendant has received it, and it seems that the postman has left it with a neighbour… so is this deemed as being 'served', do you think? He is thick as thieves with the neighbour and the pair of them will probably cook something up to say he didn't get it. TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Yes… thank you. I called the court yesterday and they very clearly told me what to include. I'd feel better if they would put it in writing, though… I'm extremely deaf and the lady advising me was Nigerian… I have terrible trouble with foreign accents. Oh well… I expect I'll soon find out if I've done something wrong. Everything is in the post, now. I will update as soon as I hear anything. TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Thank you so much… TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Do I include anything else with the Certificate of Service, or is the form alone enough? TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
I think you're right… they are totally failing to grasp the problem... I have already explained the mix up in that I'd assumed they had served on the defendant and therefore I have not sent a certificate of service… I've just had an email saying my judgement in default request has been returned as I've not sent a certificate of service. So I'd better serve it myself… I just wished they had made it clear to me that I was responsible for serving… without any directions I just went by what the info told me- That the court usually serves… Oh well… thanks again! TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Oh… haha! I thought I was going a bit mad… That's a bit clearer then… Many thanks for your help. TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Thank you… I will just wait to ensure that the court has not made a decision to serve on my behalf. I tend to panic a bit... TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Ah.. sorry… I was wondering what happens if the defendant files an AOS before I've filed the Certificate of Service… CPR 6.7 seems to relate to service to a solicitor, but I will be serving directly to the defendant, so I'm not sure if this is relevant… I found these notes, but to be honest I really don't understand the rules to serving within the jurisdiction and other rules applying when served out of jurisdiction...… It all makes my head spin… Address for service of the claim form: defendant's lawyer (CPR 6.7) CPR 6.7 is entitled "Service on a solicitor or European Lawyer within the United Kingdom or in any other EEA state". There are separate provisions dealing, respectively, with each of: Service on a solicitor within the jurisdiction. Service on a solicitor in Scotland or Northern Ireland or in an EEA state other than the UK. Service on a European Lawyer in any EEA state. Note that, unless service is to be effected on a solicitor within the jurisdiction, the other available addresses for service will require service out of the jurisdiction in accordance with the services out rules. For more information about service of the claim form pursuant to CPR 6.7 see Practice note, Service of the claim form and other documents: an overview: Address for service of the claim form: defendant's lawyer (CPR 6.7). TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Bazza, thanks- I will file with the court at the same time as I serve the claim to the defendant, but please could you tell me more? I've looked up this rule and am confused again!(Sorry). I spoke to someone at the court yesterday by phone… it wasn't easy as I'm very deaf, but from what I could make out, the court expected me to serve… I asked him what the reason was and he said he had no idea. I told him that I'd emailed the court last Friday asking if it would serve on my behalf, but that they still hadn't replied and he said to give it a few days to see if they would agree to serve the documents… but I'm wanting to get it over with, having wasted a whole month because I'd assumed the court has served on the defendant. I just don't want to make any more mistakes… if the court suddenly serves at the same time as m, then it would really mess things up. TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Yes… all sealed and has a case number and everything. Thanks! TB
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