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MOSS 41

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  1. i received the DQ from the other side over the weekend- no suprises. They are still requesting their local court which is in wales! but im assuming defendant usually always gets the court they request- especially as there are two of us. original statement sent with letter before Action was £25906.83 to claim but actual court claim thousands larger- no itemised amount or explanation of the 'fees' added on this new statement one fee looks exactly same amount as court fee- so basically want to include in claim and add on top again as court costs
  2. Hi- i have two debts from a ltd company liquidation, which they say have a personal guarantee - no evidence obtained yet which has been sold to capquest at the beginning of the year. one for approx £7000 and one for £5000 They have been quiet over lockdown, but i have written to them asking for signed agreements and do everything in writing - no response i even raised a formal complaint as one debt took out at old address and they kept sending docs to old address- even though company they bought debt off used current address, didnt want a back door CCJ, so said i know you are ignoring my change of address and im calling you out on it- now resolved and post comes here. i keep getting emails saying login you have document , but it wants to have my personal info to unlock which i wont do over email, because of ID theft. Now they send me letters saying they have found the agreement- please contact the office or get another one of those emails, login for a document. ive sent another letter, saying again all in writing please provide my agreements i wont use the phone or email. now if they can send me these letters , why cant the include the agreement with the letter they have sent to me. is this a ploy to get me on the phone- do they not have it? (i would have thought they did) any experience with their behaviours?
  3. I don’t know how - there is a clause in the contract about an equitable charge- but as I said - only copy is signed by company only a separate legal entity who doesn’t have the consent to use another’s property - with out a pg or personal signature and no I haven’t been served their DQ yet
  4. All done- i guess i just sit back and wait? I have requested multiple times now for docs- and they have confirmed they hold no more documents than the SAR response , and i wonder if that was maybe the reason they offered a tomlin order even before DQ were done (which i refused). Also they have placed unilateral notices for the same debt on two of my properties- my home and a rental i have done UN4 to land registry and they objected to removal, as gave a copy of loan agreement only signed by company i have wrote back to land registry and said look at contract, no personal signatures, no guarantees under statute of frauds you must remove as this is a company not a personal debt , but its being very difficult for them to listen to me, ive said same debt to multiple properties is abuse of process etc any advice? the claimant has done everything they can to apply immense aggressive pressure and i do believe its to scare me into paying (which wont happen ) as there case has flaws, rather than see this in court. Do you recommend the use of barristers?
  5. Thanks - I shall amend is there a very basic way of doing the draft proposals ? otherwise just copy and paste the others sides , with a few longer dates / amendments?
  6. fair point- i just didn't want missing docs to be my only defence, as if they could provide one, my battle would be different
  7. redacted -Official Defence xxxxxxxxJCF butchers claim form.docx its a long one (defence)- my husbands is similar main points - we used a broker i have communications saying no pgs no debentures we finally were accepted by claimant- they sent an 'offer letter'- i signed ( my husband did not as far was we can remember as hes nothing to do with operating my business) they cannot provide a copy of offer letter signed by him. then afterwards they sent a 'loan agreement' which they only copy they can provide is a pre typed e signature on docusign by my husband apparently signed only 'on behalf of xxxx ltd ' so not signed in a personal capacity at all- but IP address is scotland near their offices in lanarkshire not our IP address down south england and we would have been home as certificate of completion says 11.25pm signed CPR 31.14 and SAR has failed to provide a signed 'loan offer' letter by husband and 'loan agreement' signed by myself no deed of guarantee done or provided as per their loan offer letter stating in in execution section. To be clear what they are trying to say is 'loan offer' is us signing a guarantee as its appendixed to loan agreement but no 'loan offer' for husband and no 'loan agreement for me they are saying 'loan offer' and 'loan agreement' = one contract so can use my signature from offer as a personal guarantee signature for the agreement! and they dont need a DOGI. why write one in the execution if not required to be done . hope not to confusing for you all
  8. it is being complete for me by a professional - i am advising to keep to fast track - hopefully the courts are backedup anyways and hearing still along way off- thanks for putting mt post back
  9. ok - please can admin approve my last post as took ages to write ?? pleeeease Also- directions questionnaire due tomorrow- so my case is proposed to go the fast track even though over £25k should i accept this or ask for multi track as it buys alot more time before hearings 1-2 years - or are the cost risks massive what costs would a losing party pay in fast track as opposed to multi track? thanks
  10. Hi, We had to close our business in march 2020- and as expected people called in their personal guarantees, with some help and minimal legal advice, we dealt with a settled a few - some still to go. Most creditors have been easy enough to communicate and deal with. But one! They ignored pre action protocol,and immediately issued county court claim for nearly £30,000 in April- during full lock down- dont reason, or negotiate etc- have been very aggressive. Most importantly to date, is that it appears they dont have a personal guarantee as they have not provided complete signed paperwork- so statute of frauds and what they have produced is only signed on behalf of the company etc- parts missing, used my husband so Etridge principles etc They were offered a good will payment - immediately rejected and want me to sign a tomlin order which i refused- as i see this as a weakness in their case. Ive met any court timetables to date on AOS and defence, but could really do with help, opinions Can anyone help?
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