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ibberty bibberty

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About ibberty bibberty

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  1. So, by the 28 September 2015, the Court has ordered exchange of WS and disclosure of all documents each party relies on. The Court has said that the case is suitable for mediation but the Claimant has said he considers this to be not suitable, his reasons for this are unreasonable. Although the deadline is 17 days away, has the Claimant made any contact with you as regards the Court's order? ibberty bibberty
  2. Hello there Ford (Saab) and jono and all Please accept my apologies for not getting back to you sooner on this. Thank you Ford for the link to the Australian authority, which appears to support what I believe to ours (and others) agreement on this point of law as regards a creditor’s date of cause of action complained of against his debtor. Again, apologies to all as regards the length of this post on this particular and important point of law, the following is a narrative on the same and I sincerely hope that it will provide all consumers with knowledge as to an exampl
  3. You need to make an application to your local Magistrates Family Proceedings Court for a residency order for your children to reside with you; such application should be made with immediate effect, i.e. tomorrow 9 September 2015. All family proceedings are dealt with pursuant to Family Procedure Rules (“FPR”). Simply state to the Court precisely what you have stated here and the Court will recognise that you are a very good man and extremely responsible parent who is putting his childrens’ well-being and welfare first in circumstances that are incredibly upsetting and distressi
  4. True. Usual directions are for exchange of witness statements (“WS”) simultaneously. However, disclosure takes place before exchange of WS and the original poster has said that he/she has not received anything from the Claimant and that is the reason why I asked about what directions have been given. ibberty bibberty
  5. Thank you dx. So there must have been a SJ that caroline did not respond to? ibberty bibberty
  6. If you have been directed by Court order to file and serve your witness statement 2 weeks before the hearing/trial, what has the Court ordered the Claimant to do? ibberty bibberty
  7. How are you doing on this? Please up-date because time is of the essence. Thank you. ibberty bibberty
  8. Can you please post up the details of the General form of judgment or order that you have received from the Court, word for word? Minus all the personal information set out in the order. We need to see precisely what the order says so that we can establish what order has been made against you, if indeed, of course, any order has been made against you at all. Thank you. ibberty bibberty
  9. Seeing that the judge did not take your equitable counterclaim into account against the JC’s enforcement action, there has, therefore, been a serious procedural error in the case because the judge has not applied CPR r.73.8(2)© & (d) – (see below), and, in the circumstances of your case posted here, the judge has clearly disregarded the authority Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 677, which confirms that it is manifestly unjust for a Court to allow a Claimant’s enforcement action without taking the Defendant’s cross-claim (counterclaim) into account and off-se
  10. You cannot and must not trust these blackguards. You must, however, start drafting your Defence against this claim. Your Defence must be filed to the Court by no later than 4:00 pm on 13 September 2015, which is a Sunday and therefore you must file your Defence by no later than 4:00 pm on Friday 11th September 2015, which gives you just 5 days from the date hereof in which to do so. Post up a draft of your Defence so that we can peruse the same and advise you as to any amendments to make thereon. Can you please confirm as to whether or not the agreement had any non-opti
  11. OK, thank you for the above information. You need to establish if a statutory demand (“SD”) was served on your wife and if so, by what method? Send the solicitors an email and request they confirm if a SD was served and for proof of service of the same. Do you have a copy of the default notice (“DN”)? If yes, please post up the contents set out therein minus personal details and the date of the notice. We need these details to see if we can establish whether or not the DN was valid. Did you ever receive a Notice of Assignment (“NOA”) (sale) of the debt/credit card purs
  12. You have a legally binding contract that is extant with the agent as regards his quotation provided for the works to be done relating to your garage. The agent’s conscience is irrevocably bound to the same. (as is yours, however, you are not in breach of the same, the agent is) Therefore, if the sub-contractor (the base layer) seeks a payment over and above the said quotation, he must look to the agent (main contractor) for any such extra payment, you are not legally responsible for the same, the agent is. Send the agent an email and tell him it is his legal responsibility to p
  13. The Court is only dealing with the issue on the interim charging order application and whether or not it would be justified in making the charge a final one. It appears that the Claimant is unable to provide evidence to justify the Court making a final charge. Therefore, simply take with you whatever documents you had at the interim charging order hearing and tell the judge there has been no change in the matter since that hearing, save that the Claimant has now admitted that he is unable to provide the Court with the requisite evidence to support his application and there
  14. Seeing that the solicitors cannot provide any details or evidence of this debt, go to the court hearing on Friday and ask the judge to dismiss the interim charging order and that the Court order provides that there be no order as to costs on the Claimant’s application. ibberty bibberty
  15. Don't forget to see #2, because your Defence deadline is 13 September ibberty bibberty
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