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  1. Hi Does anyone know the cost for summary judgement application. It's over 10k. The fee quoted says the amount if up to 5k. But I can't see one for the amount I will be claiming. Can anyone advise? If not I will ring the court and ask.
  2. Could anybody help by suggesting what reasons a bank as defendant could apply for Strike out and or summary judgement for a court claim issued by a depositor as follows. Claimant opens a fixed term savings account online and deposits by debit card. The bank adds interest and after the term ends, the claimant writes a letter of instruction as the T&Cs require asking for the money back by cheque as the bank can pay by cheque, FPS etc. This is refused, claiming fraud, signatures does not match (bond was opened online so didn't get a signature at the time) etc. What excuses do you think could the bank use to get the claim stopped before allocation to small claims track?
  3. Hi I received a claim form last year with regard to an apparent arrow global debt I owe. The debt was bought from a halifax credit card. I did a CCA and CPR request to them straight away. There was then a stay on proceedings while they got the relevant documentation together. They have now submitted a notice of application to get the stay lifted and for summary judgement to be made against me. However they do not appear to attached terms and conditions to the credit agreement, just something entitled 'Key Financial Information'. Please see attached document. They have also not supplied a copy of the default notice, just a computer database entry of it. I am going to base a defence on the fact they have not complied with the CCA request, due to the missing terms and conditions. So have not complied with section 78 of the CCA. Also that they have not supplied a copy of the default notice, therefor cannot prove that a compliant default notice has been served, pursuant to sections 87 and 88 of the CCA. Please could you have a look at the three attachments and let me know what you think. credit agreement, terms and conditions(supposed), and default notice database entry. Thanks CCA return.pdf
  4. My Daughter has be hassled by Shoosmiths/ARC over an alleged debt with Egg, this started in March 2011 several DCA's have written and to each we have sent a S78 request, and had nothing returned other than a blank 'example' agreement. A couple of years ago Shoosmiths issued court papers to which I filed a defence on her behalf, pointing out that S78 had not been complied with and that a multitude of DCA's and solicitors had written a range of letters alleging debts but for a number of varying amounts. Shoosmiths responded by withdrawing the court application, out off the blue today we get a letter threatening an application for Summary Judgment, and wanting us to set up an agreement for repayment with them. My Daughter had a nervous breakdown several years ago 2007/8 and genuinely has no recollection of these debts and I have been managing them on her behalf, in may cases PPI has more than covered the debt but Shoosmiths have been particularly difficult to deal with and if this is a genuine debt then it will almost certainly have PPI attached to it, but apart from a bare minimum of information they have given me nothing to work with. I feel like calling their bluff, but the amount they are claiming is around £2k0 and if genuine is not a single debt but a number rolled into one, or has a significant amount of charges added. What would be my best course of action? Thanks in advance.
  5. Ok, new here, so please go easy.... First off after reading some threads here today, i feel ive left this a bit long, but any advice is appreciated and will be taken on board. In December I received a Summary Court Summons for £3006.64. For unpaid shop direct handled by capquest. My Return date is 18th January (this is next week i know, so not a lot of time to decide what i'm gonna do) The original account with shop direct was 2010, and it was passed to capquest in 2012. I'm happy to admit full liability and offer to set up a repayment plan. BUT, if i recall at the time, I was barely able to make minimum repayments, yet they kept increasing my credit limit. Can I dispute the claim and try to reclaim some charges/interest to reduce my final figure?? This is my first full day off work in a few weeks, and no kids at home, means I finally have the time needed to get my response in. Again I'm sure i've done this all wrong, but just need some quick advice due to my circumstance...
  6. I moved out of a rented property in Aberdeen on the 15th of September 2016. It was a short assured tenancy for 6 months My landlord did not secure my deposit of £650 in any deposit scheme and only returned part of it (£500). I would like to submit a summary application for the remainder of the deposit and compensation but have only 6 more days to do this as it will soon be 3 months since I moved out. I don't live in Scotland anymore. Is it possible to submit a summary application by post or electronically? moved out of a rented property in Aberdeen on the 15th of September 2016. It was a short assured tenancy for 6 months My landlord did not secure my deposit of £650 in any deposit scheme and only returned part of it (£500). I would like to submit a summary application for the remainder of the deposit and compensation but have only 6 more days to do this as it will soon be 3 months since I moved out can someone please suggest a solicitor that can submit the summary application on my behalf and elp handle the process?
  7. So I was nightshift last night and woke up this afternoon to a letter from scott and co telling me that a summary warrant has been granted against me for unpaid council tax, thing is I don't have any unpaid council tax. I did have a small amount last year but that was paid off months ago. I called the council in a rage who told me there was no one available to speak to me but that my account was showing as up to date and they couldn't understand how this had happened, i could wait 45 mins (!) on hold or call back later. So I called back later and they have recalled it from the sheriff officers but are refusing to take the 10% court fee off it. The council are claiming there have been two late payments on the account and this is why this has happened, the first in April which I accept as I went on holiday and forgot to pay it before i left (i pay with a swipe card) so the payment was a week late, they claim a second late payment in june which i dispute but cannot prove, they say it was paid on the 4th rather than the 1st, surely even if that is true it falls within the seven days they give you to catch up with a late payment? I dont understand why if this allegedly happened in june am I just hearing about it now? Why didn't I get my second reminder letter from the council? How can a summary warrant be granted against someone whose account is up to date? and is there anything I can do about it? I am not happy about paying the extra 10% at all but at least they have recalled it from Scott and Co so I wont need to deal with them. Is it even worth fighting them on it or should I just pay the 10% extra and forget about it. Also they assure me this will not affect the mortgage I am hoping to get in the next few months, the bank have already told me I can have the mortgage I am just saving the deposit, please tell me they are right?
  8. Hi, Hoping someone can explain what this may mean. Today my wife received a transaction summary statement from Santander for an old joint account but what we can't understand is she has been declared bankrupt since June15 and I've been on a TD since Dec14. The statement is on 2 sheets of A4 but it is in black and white and not the typical red we typically received in statements. It also shows the account to be in credit showing nothing other than an opening balance dated 10/15 and the net balance dated 04/16. Of course we'd love to think we had access to the few thousand pounds the balance states but we're presuming this isn't one of those "lucky windfall" moments lol. Any advice would be much appreciated. Many thanks.
  9. Howdy all! Long and short of it is, for years I had an account with Abbey National, then changed to Abbey obviously. I went to Uni and had an overdraft with them of about £1500. When I left uni I didn't have the money to pay off the overdraft, but stupidly had my pay put into another basic savings account which eventually Abbey decided to swipe £700 pounds out of to service the other debt which by now had defaulted (I believe). After that I didn't go near Abbey accounts again and set up one elsewhere. The question I have is, the debt hasn't been transferred to a DCA but I get yearly statements from Santander saying that the balance is "X" and the letter says they have to send me this yearly to keep me up to date. I'm certain there are charges on this account that I could claim back but not enough to wipe out the debt, so I'm wondering if the debt is unenforceable despite the fact it's only an overdraft - does it work the same as a credit agreement? An overdraft is a form of credit, no? Any advice would be great and I'll try and answer any questions as best I can. Thanks
  10. Hi all Looking for some help with a summary judgment in a civil matter county court. I have been in dispute with a company who has issued a claim for damages totaling £6,000. got the court papers, sent in a defence and got a CMC hearing date. unfortunately i was in hospital 2 days before the CMC and couldn't attend. At the CMC hearing the claimant applied for Summary judgment (in person) he didn't submit an application form or pay a fee. The judge at the CMC hearing granted his application and the Summary judgment hearing happened their and then. The claimant submitted his evidence (very weak evidence at that) and the judge awarded him the full amount of the claim. The help i need is can the judge do this because from what i have read this is not allowed as the summary judgment application has to be filed with the right fee including supporting evidence, send a copy to me and then a hearing date set in the near future that i could attend. Any help would be grate Thanks
  11. Hi, Great resource and wish I had the knowledge to help as so many of you do. Perhaps they way I can help is tell my story and have the advice here that may help put someone else mind at rest. I have received a summary cause summons from cabot today. Relates to old clydesdale loan. My business went under in 2009 and everything pretty much went to pot. Struggled to pay my bills for a while then the defaults kicked in and had house repossessed after a a few painful years (another story sold cheap so owe the bank still) I have not heard anything on this debt from CB for years or any DCA - Cabot that i can think. I have not received any assignation letter from either. The loan account number still appears in my online banking but for as long as i can remember the balance is 0 it has been like that for at least 2-3 years. I thought it had been written off or wait a sec maybe it was assigned way back just not clear as to that but certainly not assigned this year. I am a little confused if it is an enforceable loan why CB are not pursuing, me still bank with them. If it was assigned way back why are they claiming just assigned in last 5 months? The amount is £4500 so it is summary cause and not small claim. There is no supporting documentation in the summons other than the details in the statement of claim paragraphed as follows- 1) Jurisdiction 2) The loan account details, that it was under CCA1974, was assigned earlier this year, last payment 2011 3) Outstanding balance £4500 not maintained the agreement 4) Called upon to make payment I have refused and action rendered necessary. No detail here other than account number, does not note original amount or monthly amount or period of the loan. So first instance will try and get it dismissed but they can lodge again at the correct court so ultimately will have to deal with this. Two things summary cause scares me as unsure what the expense they are allowed to claim, small claim is restricted, so advice on this would be great. Secondly how to proceed without damaging the time bar. 1) They claim 2011 last payment but I think would be 2010 2) Assignation - no letter 3) Is it enforceable how do i best get the details from cabot and cb. 4) Use incourt debt advisor from a debt charity if they talk on my behalf with DCA does this affect the tim bar. The return date, when i have to respond to the court is 27 July and calls in court where it is decided if it will go to full proof hearing on 10 august. If it does go to proof it will be sometime in November I would imagine should I not get it thrown out for jurisdiction. So should I CCA or SAR Cabot and Clydesdale I don't think i should engage their solicitor at the moment as technically they do not need to give me anything until 14 days before the proof (i think that is right). I have made contact with a local debt charity which has incourt service advice though i don't think they will appear. They will talk to your creditors though so will try and see them later in the week. If they get in touch, think i sign a mandate to allow them to, does this affect the time bar. A few years ago this would a be a very dark place for me tonight, I tried to do something really really stupid that did not work and so I now live life to the full everyday. I really don't get affected or worry about this crap any more I just need to work out how to react to the various outcomes. Thanks for reading and thanks in advance for any advice. D
  12. Hello guys:) Just returned from a long stint overseas and walked into Santander to open a bank account on Wednesday. I stupidly forgot that my account was written off in late 2009 with 490.00 inside. The clerk noticed a closed account and pulled me to one side to confirm the situation and advised it would be wiser not to try and reopen a new account and would be much better off going elsewhere (good of her to be open and honest) Within two days of my visit I have received a Transaction Summary Statement. I've already researched what this letter is used for so issues there. They have also managed to date back the opening balance to last year? ( I haven't had any correspondance with this account since 09) My worry is that the bad debt is now reopen for a Debt Collection agency to chase and has been readded to my credit file which I believe should have been cleared 5 years afterwards (2014 for Scotland) Are the agencies still able to recover? Any help would be greatly appreciated! Cheers, Nick
  13. Hi I wonder if any one could help I have a credit card with the 'AA', my husband signed up for it at the Dover port, he was going to france for a day trip, this was in May 2004, can I send a CCA request and how has other people been succesful or not. The credit card is owned by BANK OF SCOTLAND GILL5BLUE
  14. I've recently had Court papers sent to me because I made a mistake. I lit a bonfire and didn't make sure it was out before I went to bed. As a consequence, the fire caught again and damaged my neighbours garage. I offered to pay for the damage but my neighbour refused my offer and is now taking me to court. My reason for not paying the claim is that he has repaired the damage but has also used the opportunity to improve the structure e.g a metal roof replacing a plastic roof. His claim is through a solicitor and I have defended it as agreeing to part of the claim but not the full amount. I got some documents from the court asking me about mediation. I sent them back 2 days ago saying I would agree to mediation. Today I got a letter from his solicitor saying they will be applying for summary judgement. I have no idea what they mean. I was quite comfortable with mediation because I know that is just a discussion to reach agreement but what is summary judgement?
  15. Hi, I am looking for some advice regarding Edinburgh council tax and Scott and Co and stumbled upon this great site, and after a bit of reading I cant seem to find another post that quite matches my issue. I would like to start by saying I am under no illusion that i am perfect in this situation but I still believe i have been treated unfairly. I am also able to afford the payment, i just disagree with the 10% addition. I will try and give you as much information as possible as briefly as possible... For several years council tax has been paid on our flat a full year at a time to save stress. Recent changes in who is living here prompted us to change to monthly payments and due to many reasons there was a gap between the start of the financial year and setup of Direct Debit (DD). This meant the first 2 payments of this financial year were manual, one of which was late and rightfully so prompted a 1st late payment notice. The rough timeline of what happened next is as follows. 20th July - fill out online form to setup DD on council website and receive e-mail receipt 24th July - receive "e-bill" thanking me for setting up direct debit and telling me when payments will be taken and to take no further action (i should have checked the first payment came out but did not as it was a month or so before it was due and i have several DD setup i.e. i forgot) Mid Aug - unknown to me direct debit 'fails', don't know exact details yet but no notice from council Mid Sept - again unknown to me direct debit 'fails' 15th Sept - another demand which must have constituted 2nd payment notice from council, no mention that DD has failed or even mention that i had a DD, I assumed this was an error and took no further action (was following previous e-bill but now realise this was an error). 25th Oct (1) - return home from weeks holiday to find summary warrant from Scott and Co. 25th Oct (2) - E-mail scott and co stating that demand is incorrect with copies of documents received. 26th Oct (1) - reply from Scott and Co stating they have contacted council and council has said DD failed (this was new information at this time) 26th Oct (2) - called council, they confirmed DD failed but couldn't tell me why, agreed it was odd that DD was not mentioned on the payment notice. Suggested i write a letter and gave me postal address (a PO box) 26th Oct (3) - e-mailed Scott and Co again again stating why demand is incorrect and informing them i was submitting a complaint/appeal and would send them a copy My gripe is that the council did not try to contact me after the first failed DD and then tried to take another the next month. The letter they did eventually send made no mention of DD failure and in fact no mention of DD at all (except helpfully informing me it would be easier to pay with DD). I will end this information by again saying i realise i have not acted perfectly in this situation but members on this site seem to be very good at not judging too much. My questions are.. - i guess first question is do i have a case worth fighting? - reading other posts am i right in thinking the warrant is issued and can therefore not be recalled? i.e. should i just pay Scott and Co and take it up with the council? - would me paying equate to admission of guilt? i.e. remove my right to appeal - should i have made a specific request to Scott and co to put my debt on hold? i.e. will they continue to pursue even though i have told them i will be submitting a complaint/appeal - will this appear on my credit record no matter whether i pay or appeal? - is any of this covered by the DD guarantee? the guarantee was printed on the back of the "e-bill" - any advice on how i should approach this with the council/Scott and Co? Sorry for the long post but i have seen members get annoyed when they don't get the full story so i have tried to be as honest as possible but can provide the documents or any other information to anyone who is willing to help. Thank you for any help you can offer.
  16. ive got into arrears my own fault and all that just couldn't afford it at the time. got a summary warrant notice this morning phoned the office the guy was quite cheeky and demanded £27 a month said i couldn't realistically afford that i can't even afford gas at the min. told me thats what they/he wants and no less refused to accept any less on a plan and if i can't afford it sheriff officers will be at the door. can they do this? i want to pay it i just cant afford that much. might not be a lot for some people but im in the process of switching to esa and waiting to see if my son can get dla, spending more than 50% of what i do get going to drs/hosp appointments for myself and him.
  17. A big bank took CCA to recover a debt and applied for summary judgement but lost on the ground that a signed agreement was not available. The question is how long the bank has to issue a full proceedings before it runs out of statutory time limit. There must be a time limit in the law for them to issue a full proceedings after which they cannot take a court action.
  18. Hi There everybody I have two questions to ask; Does anybody know the "Practice Direction" on case summaries ? Does anybody have link, to a case summary template for use in a multitrack claim ? Any advice would be really good. Thanks in advance Tony
  19. Hello everyone, I`m in need of some advice please! I was sacked yesterday at a disciplinary hearing at my work place, I was given a summary dismissal for gross misconduct. Before the disciplinary hearing I was suspended with pay for two weeks. As I was fired do I still get paid for the two weeks I was suspended? I know that I will be paid for outstanding holidays I have accrued and I am not entitled to "notice pay". Also what is notice pay? Thanks, Confused kid
  20. Hi I am being pursued for a credit card debt. I put in a holding defence based on lack of agreement and charges added to the debt. The creditor did not follow through with the action and the case was stayed. Six months down the line the creditor has now applied for a lifting of the stay and summary judgment. A hearing has been arranged for December. As part of my original defence, I asked for the creditor to supply statements of account, documents like the default notice and copy of agreement. They have not complied so it is difficult to comply a proper defence. Can I apply for an order from the court which will force the creditor to supply the statements etc so I can then make a proper defence? And do I need to include in my application a request that the Summary Judgment hearing be delayed until the documents are supplied? Thanks BAE
  21. Hi, I will describe my situation as fully as possible, hopefully someone will be able to help me make sense of this! Today I received a notification that a summary warrant has been granted against me with regards to council tax. Myself and a partner (we are both full-time students) moved into the rented property 5 months ago, in that time we heard nothing from the council regarding council tax until the notification of summary warrant was received. The amount due to the council is for a full year, with the addition of a penalty charge. The notification of summary warrant is not addressed to me (my name is nowhere on the letter), instead it is addressed to a company name. I'm assuming here that the previous tenant worked for them, hence the council tax charges directed to them. If there's anything more anyone needs to know to help then let me know. Thank you for your help, Jethro
  22. Hi There Apologies to ask and I normally keep everything but I am unable to find my policy summary for a MPPI i have had on a mortgage with Halifax since 2003. Would anyone be able to help me and let me have either a copy of the booklet or the policy summary. Many thanks in advance.
  23. A Summary judgement was obtained against my son in the sum of £130,000 by an energy company . they have issed these bills saying that My son was responsible backdating 5 years of electricity as they think my son was unable to sublet his premise therefore they now deem him responsible from 2005 to 2010. They have already been paid for a lot of this electricity by various third parties whom technically my son leased the premises too. Further more my son was threatened by his father to have the lease in his name. The lease also had an asignment to it which added on another party to the lease who was actually responsible for the bills. My sons defence was nil as Claimants have ignored our attempts earlier to sort this matter out. The energy company solicitors served papers at different addresses where my son no longer lives. I have tried to keep him from the stress of this matter. Also the electricity company have used estimated readings and instead of 7p charged 17p and have failed to mention that they have received many many payments for the same electricity We have evidence from one company that ran the business that in 2006 to 2008 they paid in excess of £40,000 . . At no time did my son ever run or have anything to do with the property. I attended a hearing on 15th October apparently the solicitors have served papers for a year and a half but my son did not have them they have lied about the bills overcharging and charging for same electricity twice. The district Judge said my son had no defence (I had in actual fact put one in thinking they didn’t stand a chance but it was rubbish can I get into trouble for this) They issued summary judgement only because my son has failed to deal with some points . It was always understood with the brewery that the business was sub let they even admit this in a letter. They are now claiming for 5 years worth of electricity at over inflated estimated reads they have also failed to give full and accurate information to the courts I want to know how we can get the summary judgement set aside as my son did not defend himself. The Judge was very angry that my son did not attend. (He was ill anyway but also I had not told him too). I dont think they will accept anything less than a top argument and I dont have the money to defend this. Any assistance will be appreciated.
  24. Hi, I’m new to this forum and seeking advice for a friend. I am not a lawyer, but ran a housing advice service for some years so have a smattering of legal knowledge, which is why he turned to me for help. I apologise for the length of this post, but it made sense to me to set it all out as fully as possible. In July, my friend, a gifted craftsman, received a ‘Letter Before Claim’ from a business rival. In 1998, my friend had bought a few items from this man - reproductions of original Arts & Crafts pieces. He bought these for his own personal enjoyment, but is now being accused of copying them and selling them on his own website. He hasn't done so, because the pieces HE produces are copies of publicly available items in museums, reference books and private collections. They are clearly sold as reproductions. To me, the rival's copyright claim is nonsensical because he doesn't own the intellectual property rights to the pieces he produces. It's like painting a reproduction of the Mona Lisa, but preventing anybody else painting their own copy. However, my friend signed an order form when he bought these pieces 14 years ago that states "I accept that a condition of ordering is that I will not copy (either exactly, closely, or 'in the style of') the pieces ordered h/w or featured in our information sent to you, under your own name or any name used by yourself, or allow a third party to do so. Breaking of this condition may result in legal action to defend our work." It is this order form that the rival insists is a contract, and that my friend is in breach of this clause. My friend sought (expensive) legal advice and wrote back to the business rival, refuting the claim in detail, stating clearly that there is no legal case to answer. So then the business rival issued a claim in the County Court. The claim is for £4,995 (plus £100 costs), which I think means he wishes it to be heard in the Small Claims Court. He said in his original letter 'If I have to take it to a higher court I will claim 3 - 5 times this amount (which I view as a more accurate reflection of the losses I have suffered due to your breach)'. But he also has an extraordinary long list of other demands which, while not having a nominal monetary value, would ruin my friend (or that is how he sees it). These include: · To stop producing Arts & Crafts reproductions that are in any way similar to his own reproductions (about 15 individual items); · To issue a public apology (to be drafted by the rival) on his website explaining what has happened and the outcome, such apology to remain there for 14 years; · The same apology to be sent to everyone on my friend’s mailing list; · A link to the rival’s website as the first link on his weblinks page, such a link to remain there for 14 years. The expensive intellectual property rights lawyer would charge so much to defend this case that it just wouldn’t be worth fighting it, particularly as I understand you can’t claim costs in a case heard in small claims court. So we’re struggling to deal with it ourselves. We have applied for a summary judgement on the following grounds: · The plaintiff does not have an active case as the alleged contract was created in 1998 and has passed the 6 year deadline within which Mr xxxx is entitled to lodge a claim under the rules of the small claims court. · The contract document to which Mr xxxx refers is in fact an order form that has been signed only by my friend and not signed by Mr xxxx or witnessed by a third party and as such could be argued as invalid and not a legally binding contract. · With reference to term 7 of the document that Mr xxxx refers to as a contract, term 7 does not state a date or deadline until which the term applies nor provides any detailed explanation of the consequences of acceptance of the condition that could be faced upon signing the document. As such, at the time of signing the supposed contract was misleading and provided insufficient information to enable anybody to rationally or knowingly enter into a legally binding contract. · The items for sale on my friend's website are reproductions of original copyright-free Arts & Crafts designs and/or items and not direct copies of the items he purchased from Mr xxxx in 1998, which are themselves reproductions and not subject to copyright. He is an enthusiast of Arts & Crafts and well known within the Arts & Craft Movement for the specialist work he does. · The approach taken by Mr xxxx is aggressive and threatening, demanding that unless he receives an out of court settlement of £5,000 he will take my friend to court. He has found this particularly upsetting and intimidating and this disregards the legal system in which the defendant is entitled to put forward his defence in the first instance and exercise his right to mediation (offered by the small claims court) in an attempt to settle the matter amicably and avoid the matter going to court. As a result of this a great deal of anxiety and costs seeking legal advice have been incurred, as well as the cost in time, in an attempt to settle the matter as quickly and amicably as possible with the minimum of cost. · The value of the items that Mr xxxx sold in 1998 amounted to £725, which sum was paid in full at the time of purchase. Mr xxxx's request for a monetary award of £5,095 is inflated and unreasonable and he has no evidence to back up the calculations he is presenting. We have now heard that the case has been assigned to the local county court and my friend has received a Notice of Hearing. This says ‘When you should attend’, so I rang to seek clarification of the need to be present for this hearing. Apparently, yes – ‘When you should attend’ means ‘You should attend’. I am a little confused about this, since my understanding was that no further oral testimony can be heard at SJ hearings? My friend has been incredibly distressed by this whole business. His wife suffers from ill health and both of them have been simply pole-axed by this man’s actions. They are very unworldly people and are just bewildered by the complexities of the case. I think it’s a simple attempt at restraint of trade by this rival – my friend is very well respected in this niche field as a gifted craftsman and it is to him that museums are turning for help, rather than the rival. He has told a few key people in this field about the case and they have been wonderfully supportive with written statements about the respect with which he is held and the copyright-free nature of the Arts & Crafts work that he reproduces. Basically, we just want this thing to go away as quickly as possible to minimise the distress they are experiencing. I would really appreciate your advice on the following: Is there a need to attend the SJ hearing? Can I attend as well, as supporter and adviser? Is there any chance of counter-claiming for the costs already expended defending this malicious case? I did mention in the application that it has so far cost my friend £1,260 in legal fees. Should we try and keep it out of the small claims system? Actually, do we have any choice or is it wholly up to the judge? I apologise again for the length of this post. Thank you to anybody who managed to read it all and thank you even more if you can help allay our fears.
  25. Here's the chronology 1) Claim received - two card debts rolled into one 2) Returned a defence of statute barred 3) Cabot wish to continue, transfer of proceedings 4) Send CPR 31.14 Request, as I am keen to see some documentation 5) No reply to CPR request from Cabot 6) Cabot send over copy of their completed Allocation questionnaire - they would like to try and settle, requesting one month stay, in the reason box they state " the claimant shall endeavour to provide advance disclosure following which mediation may be appropriate" 7) I post my allocation questionnaire - not looking to settle reason: statute barred defence plus Claimant has failed to respond to my CPR request. Send copy of CPR Request with Allocation questionnaire. In the future applications box on questionnaire I state "yes" and "N244 Compelling disclosure of particulars of claim." That's where I am right now. I want to make the correct N244 application / order for direction etc to get this Claim thrown out. A) I think that my current route of CPR 31.14 request followed by N244 compelling disclosure may be weak as the Cabot POC is deliberately vague and they can potentially rightly ignore my request. B) I have heard another option is CPR 16 with a N244 requiring claimant to plead their case effectively. C) Maybe there are other CPR routes that can be taken? D) Can i easily get a "Summary judgement"? What do the Forum Experts feel is the best route for getting this thrown out? I would greatly value any advice.
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