hi Andy i have today received a letter from northampton county court stating: "before district judge murdoch sitting at northampton county court IT IS ORDERED that:- 1. the defenant will file an ammended defence setting out the full details of her defence by 4.00pm on 28th May 2013 and in default the defence is struck out. Dated 3 May 2013" I am at a loss as in what to do next? any help welcomed thanks

Hi andyorch Thank you, I will do straight away

Hi I received a letter last Monday stating: This claim has been transferred to the below county court for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judges directions will be sent to you in a notice of allocation. If you would like any further information you can contact the local county court directly but please wait the judges directions So I am not sure how long I have? Thanks for the reply

Good morning all Has anybody got any ideas for me on how to write my draft directions in accordance to the details given in my previous post Any advice welcome Thanks Damian

hi andyorch post number 13 in the docs to date pdf you wil see in the particulars of the caim that the claimant has put that " the (D) failed to pay the sums due to © when demanded and the sums listed remain outstanding. i have a letter from shoosmits confirming that the £80 being paid is acceptable and a direct debit instruction form from them also dated 8th march 2012 which has been paid since and has not ever been missed. and this letter states that " £80.00 will then be collected on or just after 15th of the month, each month, from may 2012 until further notice" the first notice i received was by way of letter which you stated in post 37 that shoosmiths wrote to inform me of littigation (dated 17 dec 2012) after they had already issued the claim. also in the patticulars oif the claim shoosmiths state they complied as far as neccesary with the pre action conduct practice direction number (and stated no number) i have had no contact from shoosmiths to try and resolve this case in their aq they have left it blank weather they have acted accordig to pre action protocol tried to issue a 2nd stay direct to the court without my consent i think that is all thank alot

[ATTACH=CONFIG]43415[/ATTACH] hi andyorch it seems the crux of this case is the fact that court proceeings have been taken because an i&e form was not filled in ( was never received) not because payments have not been given. i have recorded a telephone conversation with them stating this and even confirming it is not because payments . i have included the draft directions as requested i will now go through previous posts as to put you up to speed with other failures shoosmiths have done. thank you

i filled the allocation questionaire details in guided by a link i was forfarded. but i have since talked to the court approx a week ago and i was told i can give my draft directions at anytime.

hi andyorch no i did not im afraid

i will check now and get back to you

[ATTACH=CONFIG]43359[/ATTACH] good morning citizenB have received this letter this morning but i do not really understand it, was wondering if you could please explain in real terms what is the happening now. And also regarding shoosmiths draft directions i am stuck as to what to put in my new counter draft directions as was mentioned to me shoosmiths have acted very bad but i find it hard to put it in such a way that the court will understand what i mean. and advice will be welcomed thanks in advance

Yes i agree

thanks could not have got this far without the help from all you guys

hi again have just spoken to the court for some reason he was talking down to me stating that i had no right to question the claimants stay!!! and they had had the claimants aq the same time as mine and as we had both agreed for a settlement they can keep asking for a stay as settlement had not been sucsessful to which i stated that there had been no attempt at all from the claimant to settle to which i was asked have you rang them to settle as it is a 2 way street!!! and i also asked if december 13 for trial he said shoosmiths are a very busy firm and probably just want to give themselves time to sort out the case!! (it seemed like they wouldnt have a bad word said against shoosmiths) once he had done his standard speel i asked him to get a supervisor who then apolagised and stated that had not actually received an aq from shoosmiths and having received my refusal of another stay the court requested shoosmiths send aq in and was sanctioned 5th of april which give them 7days and i received on the 11th! they have not yet received the aq but once received it will get transfered to the local court and i can file draft directions at any time.

hi as they have now filed there aq does that mean the court made them do it as they asked for yet another stay originally? as i filed mine when it was originally requested several months ago. what do you suggest i should put in my draft directions

No I meant the time scale of the directions that go up until December 2013?

i also see they have estimated costs at 8000 pounds and in the draft directions are the time scales normal? thanks

who knows they will probably say it was a mistake

[ATTACH=CONFIG]43085[/ATTACH][ATTACH=CONFIG]43084[/ATTACH][ATTACH=CONFIG]43083[/ATTACH][ATTACH=CONFIG]43082[/ATTACH][ATTACH=CONFIG]43081[/ATTACH] are these ok

[ATTACH=CONFIG]43080[/ATTACH][ATTACH=CONFIG]43079[/ATTACH][ATTACH=CONFIG]43078[/ATTACH]

[ATTACH=CONFIG]43076[/ATTACH] [ATTACH=CONFIG]43077[/ATTACH] [ATTACH=CONFIG]43075[/ATTACH]

[ATTACH=CONFIG]43073[/ATTACH] [ATTACH=CONFIG]43074[/ATTACH] [ATTACH=CONFIG]43072[/ATTACH] [ATTACH=CONFIG]43071[/ATTACH] [ATTACH=CONFIG]43070[/ATTACH] once again hope these are better

Thanks have just spoke to the court they originally told me that i could not refuse a stay as we have both agreed to settle, but after i stated the CPR she put me on hold to speak to her line manager!!! she stated that they had not yet recieved the copy of the letter (but it is not suprising as i received mine on saturday.) after several minutes she came back and said i was absolutely right and she would put on the system that their request for a stay has been refused by the deffendant. She also told me to send an email confirming the conversation and any other points i wished to make to the court defendants email address which will automatically get added to the case wil wait and see what happens next Thanks

hi have read through the post and am about to ring the court do i request for a strike out over the phone stating the reasons given in yours and andys posts or will they just give me another form to fill in. if so i will go and collect today. thank you

hi thanks will read through and then contact the court thank you

Hi I have just received this letter (which is a duplicate of the last one) once again shoosmiths are requesting another stay to narrow the issues for a month but have yet to make any contact at all:?: