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389shell

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  1. Right thanks - no he's not trying to avoid paying, we're just not familiar with the legal process. Thanks for your help Andy.
  2. Thanks, so basically if it comes to the day of mediation and no paperwork has shown up, hubby just tells them that as far as he is concerned there is no debt as the claimant has not supplied any proof that has been asked for?
  3. Looks like the mediation is going ahead despite no paperwork from them. A message was left giving hubby 2 dates very soon to book in for mediation. Does this mean that he has to just cough up without them having a shred of evidence against him?
  4. Hi all, thank you very much. I will pass all the information on to my friend. With regards to the details that it may hold, I'm not sure, but will warn her that it could very possibly be horrific reading. Once again thanks.
  5. I suppose that she could still ask the police though and they can maybe signpost her from there. Thanks.
  6. Is it routine for these to be sent out even though the claimant has not sent through the paperwork requested? What to we say about mediation, surely if they can't provide the paperwork that their claim is based on then there is nothing to answer? It just confused me because they have sent us nothing yet it seems that the court is going ahead with it? Thanks.
  7. Hi all, this is possibly in the wrong place so feel free to move the thread. Basically my friends dad was found at the bottom of some steps after a night out 15 years ago, he had no ID on him and his wallet was missing, he died a few days later. His friends testified that he had just won quite a considerable amount of money at a casino and had his wages on him, but in the end the police said it was an accident and there was an inquest. At the time she was quite young and because her parents had split up the police would not tell her mother anything, she only found out he was dead after an appeal in the local paper! She would now like to read through all the paperwork and see where this leads, would the coroners court that originally dealt with it be the place to start? Many thanks in advance for your help.
  8. Hello again. Well we haven't heard anything from MKDP but received this from the court, can anyone advise what it means? Noitce of Proposed Allocation to the Small Claims Track Important Notice If you do not comply with this notice the court will make such order as appears to be appropriate. This cold include striking out the claim or entering judgment. TAKE NOTE THAT 1 This is now a defended claim. The defendant has filed a defence, 2 It appears that this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for the claim, you must complete blah, blah, blah. 3 You must by 14 July 2014 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office Addrress and serve copies on all other parties. Any thoughts? Thanks.
  9. Ahhhh, much better and clearer than my shambled attempt. As always, many thanks Andy.
  10. Can anyone have a quick look over before I send this off please?
  11. fluff from between my bum cheeks!
  12. Right-oh, I've tried my best to form a defence, it has to be in by tomorrow. We have received nowt from MKDP so how's this (I have nicked bits and pieces from all over this site). I would really, really appreciate any help at all as I have no idea what I'm doing! In the Northampton (CCBC) County Court Claim number XXXXXXXX Between MKDP = Claimant and Me – Defendant DEFENCE 1. I xxxxx am the defendant in this action and make the following statement as my defence to the claim made by MKDP. 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. 3. The claimants Particulars of Claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the civil procedure rules. (Even allowing for the constraints of the bulk issue system) 4. On receipt of the claim form the defendant sent a cpr 31.14 request for a copy of the agreement and supporting documents which forms the basis of this claim 5. The documents requested were, in addition to the agreement as above, notices of sums in arrears, a copy of the default notice and the termination notice. To date no response has been received from the claimant. 6. It has been confirmed via the royal mail website that the above letter was received and signed for. 7. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof. AND the Defendant Seeks an order that the Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed. Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the civil procedure Rules. The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents. Statement of Truth I believe that the facts stated in this defence are true. Signed Me Defendant
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