i think that they are right They are only bound to provide documents mentioned in inter alia a statement of case. Therefore if they have only mentioned those documents in the statement of case, then that is all you are entitled to. If you simply Copied and Pasted a template letter, from here, then you have been sorely mistaken, you should always make sure that your letters fit the picture, as you are playing a game here when the stakes are high and if you get it wrong then it can provide costly. as for your defence , without the facts, information and documentation we cannot assist im afraid. you really need to read my thread on CPR 31.14 vs 18 and also the thread i did on embarrassed defences as they may assist

There is an AUTOMATIC entitlement to costs in the fast track on discontinuance you should write to them in the first instance and ask if they are agreeable to pay your reasonable costs Read CPR 38.

Re fax them a copy of the authority to deal with the matter, then ask them that since you have made a formal request, that they have the courtesy to reply to that request confirming their position in respect of the extension or you will be forced to consider an application

There are actually more funding options available than ever, Legal aid is one of them of course, but it is not the be all and end all. There are many direct access counsel out there who will look at instructions on a CFA basis. Also there are many law firms who offer CFAs and also discounted rate CFAs and pro bono work too. It is sad that there is not a list on here so that people could see, who does what

please re read my reply to your post, and then you will see what i am saying

oooh and i have a judgment soon that will give you an unfair relationship issue and could lead to a discharge of the debt, depending on the circumstances

speaking from experience of not ever losing to these particular claimants, i would comment as follows They dont need a default notice ( Kings hill no1 vs Colin Morell) BUT, if they run the "we dont need a default notice argument" then you MUST do a certain thing. I cannot say what on here, as i do not want them getting wise to it, as it will cause a headache or two. I will email you when i get a sec

i disagree Legal aid is not the only way to get justice, it is one of them, but not the only one There is a High Court judgment coming soon which some banks wont like, but that shows you can get justice and that you dont need money to do it

off the top of my head, Re Selectmove springs to mind

answered via email

we only have to wait for the 25th jan for the judgment to be public

but when it is, then i will be speaking to the press and lets just say it ties in with the OFT action recently, so a copy will be going to the OFT too

cant sorry, not til its formally handed down

Paul, Wait till you see my judgment mate lol

in fact, ive just re read the letter, you have perfect evidence there, they agreed to an extension of time, to allow disclosure so you can file the defence, so you have them by the nads Speak to Stephen Southwood evans at Link, he is one of the litigation managers Tell him that you had an agreement and they have gone back on it and applied for judgment, therefore you require them to consent to setting aside judgment and if not you will be applying on notice and seeking costs of the same. That should focus their attention on the matter in hand. you should consider drafting up a consent order, if you google consent orders you may find some help

Im sorry, but did you write to the court and advise it of the agreement with the Claimant for an extension of time and confirm with the Court that this letter had been recieved by them? it is clearly within the rules that you must do that when there is an agreement to extend time frames. I also allude to this in my threads on CPR 31.14 and also on the thread for Embarrassed defences. If the Claimant agreed an extension of time and then went back on it then you have grounds to set aside the judgment, but you MUST act fast, delay can lead to the Court refusing to set aside the judgment. You should apply on an N244 which can be located on the http://www.hmcourts-service.gov.uk website you will need to get this application sorted out asap you may speak to the Claimant and say to them that they had sought judgment, when they had agreed to extend time frames for disclosure and therefore would they consent to setting aside. this would make your life easier as a consent order would be approved without problem id suggest. You need to get onto this asap,

Hey Hey Seq Jus popping in, High Court found in our favour will explain more when judgment is handed down

Ok, it cannot be dealt with without a hearing really, as the problem you face is that an exparte order would almost certainly be subject to a application to set aside and costs. The proper place is before the court for both parties to argue their arguments and then for the judge to decide who is right

er postggj, it is a question that is being asked, the poster has made no point relating to their own situation at all,

no problems

Defendant? Claimant is responsible for fees unless there is a counterclaim where then the Defendant can be liable for certain court fees however, you have no AQ fee as a straight defendant

I totally agree, Sadly, the class of opponent in some cases is improving, as many of the dcas are now employing LPC and BVC trained staff, which tilts the playing field in their favour. This was a good result, there were so many issues in this matter and as i say always each case must turn on its own facts, you can never template these things

For what its worth, i think the biggest hurdle you have is the obvious delay, this would be a problem to over come in my opinion, case in point, Regency rolls vs Carnell, where it was said that a delay of 30 days in making an application was altogether too long. If you could prove defective service, as in the Claim form was served on an old address and the claimant knew that this was the case but proceeded anyway, then the judgment would be based up an expired claim form and therefore it may well be unsound and as a consequence be set aside however, it will for sure be difficult, and secondly, it may well be very costly if you apply, it is contested and you lose. I would say you could look at anywhere between £2-5000 if you were unsuccessful. This is a risk that you must consider, and i would suggest that you should really research your case heavily and see if you have a good prospect of success and make sure you fully appreciate the situation before you go launching applications to the court

lol tony, there was a touch of sarcasm there, i meant it would be on its way to counsel because they wouldnt be able to work out what it said

i wouldnt hold your breath litigation dont happen quickly im afraid, but, im sure the defence will be winding its way to counsel right now, lol,because im sure that it will be a problem for them