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balina2

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Everything posted by balina2

  1. Hi, I wanted to update on the result of the hearing today at small claims. The Judge ruled in Shoosmiths/Arrows favour and awarded full claim plus costs. The focus of the hearing was actually not on my defence but was a quite personal line of questioning about why I had defaulted, why I had spent certain monies on the bank statements I had provided. The bank statements showed that I had not made the payments that Arrows had claimed I had but this seemed to be of no interest to the Judge who instead asked me about why I had spent money in Morrisons and John Lewis but had faile
  2. Thank you for your advice and I will also put in the SAR In the meantime, I confirmed back to S-miths that, as they stated, I have responded to their requests for further information (those that are relevant and pertain directly to the matter). I have also provided sufficient evidence of this debt being statute barred, as per my defence (dated Jan 2017) and its accompanying Exhibits. I said their organisation asked me for further information via email and I responded in kind. I said that their statement that this is insufficient as per Part 18 is denied as a result and I would expect th
  3. The saga with S-smiths continues, after an absence of hearing from them until yesterday. I would be grateful for further advice as follows... Context: My submitted defence (of January 2017) had not been responded to in at all by S-smiths until yesterday. In the meantime the Deputy District Judge considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track. Having considered the papers in the case, the court stated they believed that the case is suitable for mediation. A court hearing has been set for Marc
  4. Thank you ever so much for your suggestion
  5. Thank you for your replies. Would you suggest then that I reply to question the validity of what they are requesting? On the basis it is not relevant and is a hell of a lot of personal data I don't really want them to have. What would the best response be? Have I any legal backing I can cite as to why I won't provide (unless court ordered)? To be honest I would really rather it ended up in court again for a final decision as it is a constant stress having them always after me like this. As per previous question - I was ordered to pay the £1000 court cour
  6. I have heard nothing further from the Court. They referred it for mediation. Mediation then told me they referred it back to the Court (they told me this over the phone but I have received nothing further in writing from either them or the Court). The only correspondence I have had since is Shoosmiths emailing me regularly with income and expenditure request forms to be completed and then changing tact now to this 'request for further information' when I pointed out to them they had never responded to my defence therefore there was nothing to mediate (which is what
  7. Hi, May I request some further advice on this matter as it is still ongoing. I agreed to mediation, however upon contacting the mediation service to arrange an appointment they advised me that as I have a defence (which Shoosmiths have not responded to) that the matter should be passed back to my local county court as it isn't suitable for mediation. They told me they would advise Shoosmiths the same. However, Shoosmiths continued to pursue me via email asking me why I have not contacted mediation. I informed them of the date/time I contacted the mediation service an
  8. Hi, I have a further update on this. The Court has ordered that the case is suitable for mediation and referred me to the Small Claims Mediation Service. Am not quite sure how mediation will work given I have a statute barred defence so there isn't, from my point of view, anything to negotiate on. Surely it needs a ruling to say either my defence is struck out or their claim is and cannot see a mediation assisting that. Was tempted to contact Sh-miths and ask them what their intention is regards this offer of mediation but appreciate that is probably pointless.
  9. I have received a directions questionnaire. It asks me if I agree to the case being referred to the small claims mediation service and if I also agree whether it is appropriate for the small claims track. Should I say no to both on the basis the claim relates to statute barred debt and should be struck out?
  10. What do you think the likely next steps are once these questionnaires are submitted? I have no idea what to prepare for. I cannot work out if this if is now more of a worry or less?
  11. It says you must by 20th Feb 2017 complete the small claims direction questionnaire and file it with the court office and serve copies on all parties. Isn't that an action for Shoosmiths though?
  12. Hi, i just wanted to provide an update on this. Shoosmiths have gone quiet post my amended defence submission. Today though I received a 'Notice of Proposed Allocation the the small claims track'. It says to take notice that this is now a defended claim. A copy of the defence has been sent to you by the defendant. It appears this is now suitable for the small claims track. Am I right to assume this is a copy of what they have sent to Shoosmiths? And am I right to assume they would have to take me to small claims court which is different to them applyi
  13. I would be grateful for your feedback on the below. Particularly on the final two paragraphs and whether there are any further points I should add (especially in reference to CPR legislation) 1. I am the Defendant in this case and I make this amended defence in response to the evidence provided by the Claimant. It should be noted that the Claimant did not furnish me with the requisite information until 3rd May 2016, not 15th December 2015 as they have claimed. The only contact I have had from the Claimant (or any party associated with them) in regards this debt has been since 28th Apri
  14. I haven't paid the £1000 yet but intend to find a way to as otherwise I've no ability to submit an amended defence. I feel damned if I do and damned if I don’t. But I can't let S-smiths get away with making up payments. The reasoning the Judge gave as to why I should pay the costs are because he believes S-smiths gave me opportunity to submit an amended defence which he said had I done then it may have negated the need for the hearing. I explained that I didn't submit an amended defence, despite S-smiths asking me for one, because the Court had told me I couldn't frankl
  15. Hi Would you be kind enough to review my amended defence and offer me some feedback on it?
  16. If I upload a draft defence would you be so kind as to review / offer me any feedback?
  17. I never had any correspondence with or from this NCO Europe outfit it is entirely fabricated on their behalf.
  18. Hi, yes the £1000 costs are for the Summary Judgement hearing. The Solicitor did want more but the Judge felt their requested costs were too much. The Solicitor followed me to the train station after the court hearing, he literally walked directly behind me all the way there, despite me trying to move further away from him.... so at least I know they won't be using the money for cab fare expenses .... Point 19 in their Witness Statement has very much thrown/confused me! As I never made any payments to Egg then or this NCO Europe Ltd (I have never even heard of th
  19. The court confirmed I'm to pay the £1000 direct to S-smiths
  20. I have uploaded the most recent Witness Statement (14th Dec) that S-smiths sent me 5 days prior to the hearing. Ssmiths.pdf
  21. Hi, I wanted to give an update following my hearing. The Judge asked me why I had submitted a witness statement which contained a defence but did not submit an "amended defence" to S-smiths and the Court. I explained that at the time I was provided with evidence of the original debt (May) that I had contacted the Court who told me that the claim was discontinued and I could not provide an amended defence. And that I had explained this to S-smiths and told them why I was defending it (I wanted proof it wasn't statute barred). He had copies of all emails where this co
  22. I've finally had a response to my witness statement today (hearing is Monday). Which essentially is them saying they don't have to prove the payments and my argument is implausible. They also assert I'm in the wrong for not sending them my bank statements. Is there anymore that I should do at this point in preparation for the hearing?
  23. they have sent me another one today! Do I still submit a witness statement as above? Will I be penalised for not responding to them? Is there anything to gain from responding to them to ask that I request they disclose proof of payment? I write further to my email below, to which I have not received a response. To enable my client to consider the statements to which you refer, could you please provide copies of the same, within the next 7 days. If it is your intention to produce the statements at the re-listed hearing, I would like to remind you that under CPR 2
  24. I note you believe it is not appropriate to send the bank statement directly to us, however, I would draw your attention to the Civil Procedure Rules 1998, Rule 24.5(1), in which evidence upon which you intend to rely in response to our Application, must be filed and served at least 7 days before the Summary Judgment Hearing. This was made clear in our Application Notice dated 22 June 2016. Accordingly you are now out of time to submit any evidence on which you wish to rely and it is not permissible to turn up at court with further evidence on the day. In the circumstan
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