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ibberty bibberty

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Everything posted by ibberty bibberty

  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
  16. We need more details about the original debt please, and the series of events that took place relating to this before your wife was made bankrupt. Was there any mis-sold ppi on the credit agreement entered in to by your wife? What was the original amount of credit provided on the card? Did the original creditor (Lloyds) serve a valid default notice on your wife? As regards making your wife bankrupt in July 2014, did the creditor serve a statutory demand on your wife? When did you first receive notice from the Court of the bankruptcy? Please check
  17. You need to print off another copy of your wife’s statement, get your wife to sign it and then take it to your local County Court today. Ask the Court staff to place it before the same judge who made the order as a matter of urgency. Get a receipt from the Court’s staff for proof of filing. Send a signed copy of your wife’s statement to the Claimant (or his solicitors), send this by Special Delivery. ibberty bibberty
  18. The court may strike out a defence which is not verified by a statement of truth (r.22.2(2)). The lack of verification is an irregularity which may be cured (r.3.10). Any party may apply for an order that, unless within such a period as the court may specify the statement of case is verified by service of a statement of truth, the statement of case will be struck out (Practice Direction 16 (Statements of Case), see para.22PD.4. Therefore, in your wife’s case, it would be prudent for her to make an application to the Court under CPR r.3.10 to correct the fact that she fo
  19. As regards your Defence, simply state:- removed - dx
  20. Hello and welcome to CAG OK, we realise that this is an extremely distressing and upsetting situation for you and your dear family; however, you have come to the right place and therefore please take some comfort from the fact that you are no longer alone now and we will endeavour to help you through this period in your life. In order to help you with proper/practical legal advice/help and support you in this matter, we need you to provide all the details of this matter and that involves you providing a chronology of the series of events that have taken place from the very beginni
  21. OK Mollie, Firstly, you have filed and served a very, very, good holding Defence. Secondly, can you please post up both the letter from the Court and the letter from the Claimant’s solicitors, minus all personal details? Thirdly, have you begun to calculate the ppi on this credit agreement/loan? If not, make a start on this ASAP, and post back the result here for further advice thereon. Fourthly, dependent upon your calculation as to the mis-sold and fraudulent ppi, we will then know as to whether you can completely defeat this claim against you or whether you can co
  22. Send a brief letter/email to the DCA and enclose a copy of the Court’s Order which confirms that you are not liable for the debt claimed by their client and therefore if they (DCA) make any further attempt to contact you in relation to the same, you will make an application to Court for an Order against them and their client under s.1 of the Harassment Act 1997. Send a copy of your letter/email to the child minder and also state:- The purpose, therefore, of this correspondence is to put you on notice as to the same. No further notice will be served. All rights a
  23. Can you please post up the offer letter as to mediation and minus all personal details. Thank you. ibberty bibberty
  24. Yes to mediation, as this will provide you with (some) costs protection in the event that no satisfactory resolution is agreed to at mediation. Anything said and done at mediation will remain private and will not be disclosed to the Court. As regards the lack of paperwork, don’t worry about that just yet. You have made a CPR r.31.14/31.15 request for disclosure of documents mentioned in the particulars of claim and you have made a CCA request for a copy of the credit agreement, as of the date hereof the claimant has not complied with either of these valid requests and therefore hi
  25. See my post #75, which confirms that your wife is liable for the sum claimed. In my opinion, based upon the facts you have posted here and the law and the authorities thereon, your wife has no grounds to either challenge or defeat that which she expressly promised to honour. ibberty bibberty
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