whitelist
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Posts posted by whitelist
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There has been a development
Submitted the N225 application yesterday.
MCOL now states:
A Bar has been put in place??
(Take it that means cannot enforce judgement)
A defence has been filed with the court
This has all happened on the 34 day, so a day late the defendant's submission.???
Options???
Please note that the defendant can still reply to your claim until the court has processed your request. If the defendant’s reply is late but arrives before or even on the same day as your request, it will have priority.
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FINAL QUESTION
On the N225 FORM
Where it states in the xzy court with claim number, etc
Take it that will be MoneyClaim online?
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just making sure am ticking all the boxes with this one
Do you have the correct MCOL email address by any chance?
Just want to make sure sending to the right one as do not want to confuse with the new MoneyClaim service.
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Many thanks, doing the N225 form now striking while the iron is hot.
Two questions if you can be so kind.
Take it can upload the form on MCOL like with the original claim form?
Is there any fee submitting the N225 Form?
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Thanks, this is why I was asking with people who have previously been in this scenario.
My thinking is that I have to wait for the system to update, then giving me the option of requesting a default judgement?
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The only option available with MoneyClaim online is requesting judgement if no allocation of service submitted.
They have done that.
Bumping thread.
Defendant has until 16:00 today to submit a defence or will request a default judgement
THE QUESTION IS HOW?
Being MoneyClaim Online
Any takers?
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You have to request judgement when no defence submitted..
The question is how with Money Claim Online?
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Seeking further advice now.
The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow.
The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence.
This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??
So being MoneyClaim Online, how do I request the claim be awarded in my favour?
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Have to agree with the above
Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business.
You claim is like saying you slipped in the swimming pool area while taking a dip.
As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings.
Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre?
The answer has to be no.
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No doubt the hotel will have security cameras on the floor you were staying to confirm or deny the allegation??
The only compensation you will probably get, which will be discretionary as a goodwill gesture, will be a credit voucher for the entire hotel group. Very much doubt anything more than that as you have not substantiated, the hotel committed the transgression
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There are no legal fees at an employment tribunal or litigant in person's costs unless the claim is vexatious or contrary to the direction of the court. Normally, the presiding judge will infer if you have a case or not in continuing. 8% interest is only paid as previously stated post judgement if the defendant fails to pay any monetary award.
Might I suggest you seek advice for the CAB or local community law centre?
Remember, an Employment Tribunal is a court of law the same as Magistrates/Crown court with legal procedure and you need some basic legal knowledge how to conduct a claim. The court will not help or advise you and can only go on the evidence presented. You will have a trained professional with the respondent.
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Can I ask how you were not timed out with an employment tribunal if you have been in dispute for six months?
The reason why I ask is that recently submitted a claim in the county court for unpaid wages as was timed out a claim with the tribunal service? You only have three months to submit the claim from the cause of action.
There are no costs awards at an employment tribunal, let alone statutory interest.
You have to do something really dumb to end up with a costs order such as refusing to follow court directions.
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Have to agree with the above.
Looks to me all you sent back is officially reporting the accident, so the Local Authority will do a root cause analysis.
Very much doubt it has gone further than the health and safety officer.
And as stated above, to claim, you will need to prove liability. That means negligence in that was the accident foreseeable through the conduct of the leisure centre?
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Just looking for confirmation and should have been more clear in my original post.
Claim has been acknowledged, but no defence submitted, and the clock ends on Tuesday.
Was under the impression if no defence has been submitted within the 14 +14+5 days ,default judgement can be requested?
CPR 16(5) states:
Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.
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Thanks
Noting the day to apply for default judgement if necessary
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Have taken out a claim in the County Court with breaches in a contract of employment and failure to pay sums when due.
Unable to use the Employment Tribunal Service as timed out with the grievance procedure.
It is 14 days to acknowledge the claim, and a further 14 days to admit or submit a defence with five days for service. (33 days total)
What happens if the respondent acknowledges with intention to defend, say, after the first 10 days after service?
Do they still get the full 14 days to submit a defence and 33 days total, or less?
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Was the Laptop purchased directly from HP or another retail unit?
Recently had an issue with a new HP Laptop purchased from Argos.
Battery totally failed after two months, so returned to Argos. They gave me a number to call HP Technical support, who confirmed failure over the phone. Expecting it to go for repair, but they simply gave me a code to take back to Argos.
Was given the option of an immediate refund onto my Argos card or walk out with a new identical laptop as an exchange with no issues what so ever.
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Know it has already been answered, but?
Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin
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This saga never seems to have an end date.
C.R.S. is now history, but JC1 has now instructed Creditlink Account Recovery Solutions (CARS) to collect on this account.
Doing some research, it appears JCI now owns C.A..R.S. as its own in-house DCA?
Thought this was statute barred, so confused. Good job to keep copies of my credit file for reference.
The original default recorded on my credit file from JCI dropped off my credit file 15 March,
BUT
Looking at the closed accounts on my credit file found one from Virgin stating the default expires 10 July 2024, so two months to go so confused by the two different default dates.
No worries, as will continue to ignore them. Silence is golden.
What is your view of the two different default dates on my credit file,which take precedence
The default from JCI which has dropped off my credit file or the one from Virgin with still two months left on it?
just curious?
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You need to email that witness statement like yesterday to the court and Link. Better still, take it personally into your local county court.
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Yes, you should have applied for an immediate strike out as soon as the deadline expired.
Without the agreement, they are stuffed
Forget Barclaycard, Asset link is now the creditor, and it is down to them to provide the agreement.
That needs to go into the witness statement. They have not provided the agreement contrary to directions of the court and request the court strike out the claim as to the original court directions.
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Never said it did?
Simply stated, one statutory act of parliament contains the regulations with previous consumer protection legislation
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To be fair, all the previous consumer statutes now come under one umbrella. That being the Consumer Rights Act 2015.
Regulations are statutory instruments, being secondary legislation to the original statutory act of parliament.
Court Claim Timescales Question
in General Consumer Issues
Posted · Edited by whitelist
Believe it or not, fully familiar with the County Court process.
My posts were seeking confirmation by asking questions, nothing more as an aid to people who look at this thread in the future.
People should not jump to conclusions.