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Everything posted by MOSS 41

  1. on another note by 17 dec i need to do a disclosure statement/form- assuming its the actual court one with boxes to fill in which ive never done before , as a defendant what do i write on it? because its all really about what paperwork the claimant does or doesnt hold?
  2. Un4 are free to do - anyone can register an interest in the property , and its just as easy to remove if its not valid but i have to remortgage within next six months and they cause issues, so i suppose my 'damaged' would be going on a variable rate mortgage instead of a deal as i wont be able to remortgage with this 'charge' if they keep repeatedly applying it. I just want them to stop, they have failed to validate but land registry have nothing in place to stop these behaviours which just seems wrong. like a cease and desist etc , but these people are still trying to bully me into paying by any means possible. even though they dont have the guarantees/paperwork to win in court, im happy to get to court as s4 of Statute of Frauds 1677 personal guarantees must be in writing and signed - which they dont have
  3. so i have manged to get the unilateral notice removed against my property, as i did a UN4 and said they cannot provide evidence of a personal guarantee, they obviously couldnt and didnt , so the notice was removed by the land registry They are just now 17/11/2020 gone a re registered the exact same unilateral notice again!! so i have finished doing yet another UN4, to remove yet again. How do i stop them repeatedly doing this without merit? i spoke to the land registry who said nothing they could do, as they are just a registration service and register anything that gets sent. This is unfair and an abuse of the land registry charges system.
  4. Council - I asked for evidence and proof of posting of pcn- as none has been received and this is how they responded no evidence and no prof of postage and actually haven’t even seen a copy of a pcn, further proving it wasn’t posted to us if procedure had been followed , I would’ve paid £35 without asking - but I have no evidence or a copy of a pcn which I’ve repeatedly asked for 20-11-2020, 13:26 Office Lens.pdf Just checked paperwork , they included in with original letter a charge notice dated 2 October for code 02 but this wasn’t sent to me until 20 October with original letter and most definitely not within the 28 days of offence ( 15/08/2020) which is why I asked for proof of postage which they have failed to provide
  5. Hi, got a letter to my company demanding full payment of pcn, ( copy not provided). they said sent in post , but I never got a copy I asked for copy of pcn and proof of postage and proof of contravention , by photo or video They demanded payment again , without supplying above evidence , just a photo of the staff member fully blown up to show only his body against a white background what do I do ? as far as I’m concerned they missed the 28 days and didn’t send pcn/ and have no proof they did also not seen evidence of a contravention how do I write a proper letter to put this to bed
  6. Thankyou - i shall do as advised , any tips or tricks to make sure summary judgement avoided for instance , I read judges don’t like to award judgments when edit complex matters are involved etc , so that would a clear point to provide evidence on - with the falsified debenture affecting execution etc
  7. They asked for summary judgement without hearing - which they didn’t get - a hearing was ordered , does that mean the court isn’t convinced on the face of it , enough to grant the judgment ? i can write a witness statement - do I write a witness statement directly in response to the points they raise - rather than when I defend the case as a whole which would me much longer and comprehensive witness Statement on all points or do a long one here (application hearing) , with covering skeleton argument sheet ?
  8. I have done an amended defence that would have been better served at the start- for anyones opinion and if i should ask that an order to amend my defence should be made instead of a summary judgement order ammended defence G47YJxxx redacted.pdf
  9. i have it !!! application court apologised for not being served as i should have been. obviously the other side dont like to serve me much Edited note the debenture or mention of it is not included where they claim 'execution happened correctly' it was a condition precedent to drawdown that didnt happen so they made a false one. but my defence was bad /embarrassed as i was waiting on a Deed of guarantee and indemnity they listed in offer email, and execution of agreement i said i dont want to guarantee and i did not do one. they say there is no separate personal guarantee-confirming i didnt do one. they say guarantee in loan agreement- i didnt personally sign loan agreement, only company did 'for and on behalf of' etc xxxx ltd summary judgement application.pdf
  10. they can serve me 3 days before but I have to do it 7 days before ? Seems unfair is it possible they did not provide any evidence - they just put in application - no defence ? so actually no evidence or other reason is yet to materialise until just before hearing as they have completed forged a deed of debenture which was filed at companies house before I sent a hard signed copy to them 2 days later - ie they made one up while waiting for the real one to appear meaning the deed at companies house is not my deed and this deed is mentioned as pre condition of lending and execution of contract - this deed will need to be provided by them in support of the contract ? Wouldn’t it as a summary judgement doesn’t really have a disclosure requirement, how do I make sure they bring the real copy to expose what they have done and not false copy (False copy on companies house) I have 100% proof of the falsification and my delivery and posting dates and as a side note they assign these debentures to 3rd parties , 27 million last year what if this behaviour is systemic - even if it was 1 or 10% of the time they falsified deeds on companies house , that they then raised funds against , this is a massive crime no?
  11. I did ring - they couldn’t see anything details of the application on the system - just that an application was made and paid for - they weren’t quite sure why they couldn’t see anything - ill have to find out if you are allowed to pop in , with Covid etc , they say on their site don’t attend without permission
  12. I’ve emailed the court again asking for a copy , I received a date for the application hearing this morning 24/02/2021! By telephone so along way off, but still no application included in the paperwork what else can I do , I’ve asked the court twice now for a copy
  13. still no copy of an application with evidence attached - a condition precedent of the loan was a provision of a deed of debenture, i would like to know if they have included in their evidence ....this deed of debenture. i now know was falsified and backdated and couldn't have been delivered /effective on the date of the loan with 100% proof. i dont think they will attach this debenture to the evidence for N244 application for summary judgement.-provide loan document only. is it worth doing a part 18 request letter, for a photocopy of the true debenture? reading into it, people say dont use part 18 to expose the other sides weaknesses or give them notice of them? but if they dont produce the debenture, the judge wont know the condition precedent hasn't been met and it is falsified or just leave it all for my witness statement when requested by hearing judge and attach evidence of its falsification and backdating for the hearing?
  14. yes - i will just concentrate on company 2 until summary judgement hearing, so just trying to narrow my best defences, although i may have found a new one today i have discovered though checking companies house , the debenture deed registered (that was a condition precedent for the loan agreement) (the lending report states must be provided in support of the lending) has been backdated! but i dont know what effect this will have i have proof via email it was sent undated 20/08/2018 i have proof via email it was to be signed and returned via post 21/08/2018 so it would have been executed only upon delivery according to clause 17.3 (by fax or two business days after sending so 23/08/2018. at companies house its been handwritten dated by their staff member (clearly their handwriting) back dating it to the date of the contract. would this invalidate the deed because of fraud meaning when contracts signed, you were misrepresented to the risks you were exposing yourself too and wouldnt have signed if you knew this good security wasnt available/valid/enforceable because of the fraud??? will this help fight a summary judgement because fraud is involved and they dont have 'clean hands' or whatever the relevant area is
  15. Two claims , I explained in an earlier post the same company has started court claims against each company company 1 £30,000(liquidated) company 2 £15,000(existing) im currently just posting docs /court docs and hoping for advice on company 2 - as this is the one seeking summary judgement which I want to stop once this is dealt with , I can move on to discussing company 1 and ask for advice we didn’t go on a spending spree of act inappropriately to get in these Situations - we had a massive theft from company 1 over a period of a year - of over £70,000 - we finally caught him , got him arrested , currently in crown court the books been thrown at him . borrowings were taken to try and fix , we used company 2 to prop up company 1 while we fixed etc - he destroyed our lives company 2 - getting back on its feet and we are moving forward , company 1 obviously liquidated , when we couldn’t repair the damage this person broke us, I’m trying to defend/ contest cases to save ourselves as we have just suffered enough I would have sorted with full and finals and payments plans etc , but they just went for the jugular - I’m backed in a corner and left no choice to fight (they want it all now and they want charging orders, sale of home , which is specially adapted for my severely disabled daughter who has cerebral palsy and a genetic condition called perisylvian polymcrogria syndrome) which is why you guys are saving my sanity with your advice and help so I posted all court docs now for company 2 I’ll post a copy of the contract tomorrow redacted which they say is a personal guarantee - which it may be , but it states a deed of guarantee of indemnity to be wet signed witness etc - which we didn’t do and they can’t provide , saying the guarantee is in the contract , plus a whole other matrix of facts around it like debenture / security written into contract - released - huge material change on risk for an alleged guarantor that wasn’t signed up for , company did a payment plan, the revision memorandum which is required for guarantor signing not done for consent to term changes no deed - no consideration etc etc plus other things like potential waiver of rights , no legal advice certification - I’m just discussing company 2 for now
  16. Would anyone be willing to take a look at the contract and my chronology / defence (obv I would have to email the defence as wouldn’t want to post on public forum) so we could see how I tackle getting the summary judgment denied and full trial allowed ? now we know it’s not a strike out Of defence application should I do amended defence and pay the fee or is it still not necessary
  17. hi- they did, and its there plain as day they will make an application, i think i missed it as the court claim reference is incorrect, they have put the claim number of the company 1 claim on it, but it was definitely served for this company 2 claim as you can see by the covering letter responding to the order made as included in the previous upload i looked at the DQ form the claimant in company 1 (referenced correctly) and no applications are made- further confirming they are missing the signed agreements otherwise they would have applied for summary judgement on that DQ too. Does that mean it wont be allocated until this is dealt with? as they included the application in the DQ, if they included this application with the DQ, should a copy of it been served on me with the DQ? does this mean its not a strike out of defence application at all, and they actually just want to jump the court queue and have a trial at the hearing? or is it them arguing why they should get a summary judgement and me arguing why it must be allowed to go for a full trial DQ company 2 claimant.pdf
  18. Ok- Thankyou , I shall do over the weekend I do value everyone’s input enormously hopefully this works company 2 court papers redacted.pdf
  19. yes that is correct- for actual full claim, first raised CCMCC AOS done defence (bad defence ) done Letters saying this now a defended claim DQ done not yet allocated to my local court or copy of N154 confirming it is and case file will be sent over etc this strike out application was made to CCMCC, i wasnt served it-judge ordered it to be heard at my local court an N154 notice of allocation for this claim (the application) which is independent to the initial claim to be heard at my local court, soo currently only have an N154 for the transfer of an application hearing not the case as a whole the way its been described to me. is that these are to completely separate processes, and the initial claim is paused while the application is dealt with hope that makes sense, i dont mean to be confusing hopefully get served something soon so i can post it here barrister suggested sending letter to claimant asking for consent to change defence anyways, then if no response or denial, i can present this letter at the hearing and costs against me could be reduced, or removed- or is this a waste of time? Just to note - this claimant is claiming over two companies both discussed on this thread company 1- liquidated called in personal guarantee £30,000, missing paperwork, signed copies etc SAR done, easier to defend: aos done defence done (a full one) DQ done case file sent to my local court court date march 2021 (just got it)(but they have made noises about settlement, obv because they are missing paperwork) and the claim we are currently discussing is : company 2 (our day job still in existence)- put in claim for £15,000 on personal guarantee as company went on payment plan, they initially agreed and then wanted all the money now -court completely avoidable, company debt not in dispute, happy to do payment plan by the company. These people are hard to reason with. paperwork in order, but i do have good defences, and have no choice to fight as backed in a corner AOS done defence (bad) done DQ done case file not yet allocated to my local court- but an application to strike out defence has been made
  20. No- I asked ccmcc, that said as it’s been transferred you have to wait for them to send you an application we didn’t have to copy you in, I’m so confused , barrister said I must put in application for amended or it will be struck out as a bad defence - a witness statement will not replace your defence - which should have been correct in the first place I’m trying to get copy of n244 , no one is doing it how about I send a letter asking for permission to enter an amended defence to claimant ? If so , would I include the defence so they could decide wether to continue with the hearing or not ?
  21. thanks, i have spoken to barrister, who reiterated what you said, its no defence and not answering anything, so i need to apply and pay for application an amended defence (i have constructed the amended defence with his help) so do i fill in the whole defence docs again N9b attaching my new defence pages with the application notice as a covering document? is there a template on here on how to fill out amended defence application and draft order i am asking for . its a good legal defence made with barristers help, they should allow this amendment if i explain the circumstances right? (i understand i might have to pay costs to the other side because of application due to bad defence-how much would this be?) on to the other case with these savage beasts, trial listed march 2021, this is the one where signed copies of my husbands personal guarantee doesnt exist- CPR 31.14 done and SAR, they dont hold one. and the document, containing thee terms and details to create a guarantee in my name is missing again SAR and CPR 31.14 done, they dont exist. should i do an unless order- provide these documents or have case stayed struck out, or does that rock the boat?
  22. Noted - I didn’t write it , I paid someone else to do it !! Livid ! how can I control the situation ? debt specialist who would apparently do it all for me - Said keep it brief , we do the rest later - cost a lot too ! whats my next step- ask for amendment of defence ? Thanks for response - how is it not cpr compliant, how can I sort this ?
  23. I believe the reason they went for the application (still not yet seen) is because I put in a small bullet point defence on this one - knowing. I had plenty of time in the future to give ‘ full’ legal agreement and defence with evidence , the bullet points 1.contest the validity of the personal guarantee 2. Submissions made to claimant have failed to provide a copy of personal guarantee which they seek to rely upon 3. material concerns in respect of the initial loan agreement and the way it was handled by claimant 4. it is my intention to raise these concerns with the court so I am fully aware of legal remedies available to me. 5. I consider there is sufficient evidence that my case meets the requirement of an unfair relationship (consumer credit act) I have lots of lots of evidence to completely elaborate the above with references to Specific areas of law and case law - emails, lending reports, prior dealings with the company, variations and release of securities and amounts , missing deed of guarantee and indemnity , no consideration, missing items from prescribed method of acceptance and on and on and on........ Will I have a chance to present And submit this all this evidence before a hearing for application of summary judgment , or should I file an n244 application to Amend defence Giving full defence right at the offset? Attached to defence form? due to the short notice and 7 day window to set aside (which I missed as not served on me til much later - I have complained to court) - it means the claimant applied asking for no hearing and serving no notice on purpose ! however order and notice of allocation to my local court for an application hearing( on notice and served) has been made does that mean the judge disagreed to hear without hearing and me being served and has ordered a hearing on which I must be given notice and served Denying their request to decide without hearing and serving me notice (sneaky buggers)
  24. i have raised a complaint with CCMCC and cc'd in my local court for the case file , that CPR 23.4 was breached by the claimant (another breach) (not serving me the application) and the court failed to serve me the application meaning i lost my right to set aside, vary or stay. also requesting a copy of the application and their evidence.- as ive still no idea what they have done or written. its so frustrating the claimant, just tries to side step me all the time (keep me in the dark) and i know the costs they will put forward will be ridiculous
  25. Yes - it was , didn’t say what application for how can I object if have no knowledge of what application they have done , just that ordered to be listed for hearing - seven days up yesterday according to latest post I’m happy to have a hearing , just don’t want judgment without a hearing I just want the opportunity to defend myself - Money claims judge ordered a hearing - that’s fine but local court saying , doesn’t matter it’s what our judge says - that’s what worries me why do I have to be on speed dial to court because the claimant ignore all procedures and protocols the application should have been served with their evidence to me
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