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VOLVO v CABOT (Bank One) Help needed, Court Claim received **DISCONTINUED**


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Update

 

Still no news from the court ref Strike Out application, and the original T&c's and default notices etc have still not surfaced from Morgans, yet.

 

Seems a long slow process considering claim issued 25/2/2010.

 

Would I be better preparing a defence in case the SO request is not successful. Have until 28th May to submit defence due to various time extensions.

 

VOLVO

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Give 'em chance volvo - you only applied last week.

 

Early days for preparing a defence & exactly what are you going to say when the POC does not identify the claim properly?? :confused:

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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lol

 

that would be the defence based upon documents you dont have and cant inspect cos the Claimant wont give them to you

 

Hello PT2537

 

I am just worried that without the N244 Strike out having been considered that we get to the 28th May and they get default judgment because no defence submitted, but i understand what you mean about not able to offer a defence to nothing.

 

I take it the court would not allow judgment until the N244 has been considered??

 

VOLVO

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Don't worry volvo.

 

Northampton are usually on the ball. Have you contacted them to make sure the applic. was received? If not, phone & explain the situation & ask that it's dealt with asap.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Give it a few days then volvo - plenty of time...

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Volvo, it is my understanding that where an "application" has been made, that takes precedence.

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Having made both a CPR31.14 and CPR18 request, Morgans replied to the CPR18 request but should they have also replied to the CPR31.14 request requesting any documents relied on in their POC's??

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HI PT

 

Yes I sent the CPR31.14 and CPR18 requests an Foolish Girl advised in Post No; 80.

 

Morgans have only responded to the CPR18 request and enclosed 2 application forms minus T&C's for both accounts and no default notice either. They have said they will forward these when they receive them, but they have not responded at all to the CPR31.14 request.

 

I sent what i was advised to send, was this wrong and if so what should i do??

 

Thanks

 

VOLVO

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a party may request to inspect a document mentioned in a statement of case

 

such requests to inspect must be met within 7 days of reciept

 

that is what CPR 31.14 and 31.,15 provide. In the event a party fails to disclose then an application to the court is the appropriate way forward imho

 

a reply to part 18 should be furnished with a statement of truth,

 

so, what is the reply you have, is it a reply to part 18? confirmed with a statement of truth? or is it a reply to a request for inspection

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Hello PT

 

Their response is:- 'The Claimant believes that the fact stated in this Response to Further Information is true and i am duly authorised to sign this Statement of Truth' signed by Morgan's Civil Litigator at the end of the letter.

 

VOLVO

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so they have now given you the documents they have pleaded in their claim, save for the ones that they say they will forward to you?

 

I cant remeber what you pout in your application, so i dont know what you were asking for ( dont have time to read whole thread) but if the application was based upon disclosures and they have now disclosed , the app may fail at a hearing,

 

its very difficult to say working at arms length

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so they have now given you the documents they have pleaded in their claim, save for the ones that they say they will forward to you?

 

I cant remeber what you pout in your application, so i dont know what you were asking for ( dont have time to read whole thread) but if the application was based upon disclosures and they have now disclosed , the app may fail at a hearing,

 

its very difficult to say working at arms length

 

Hi PT

 

Thanks for your time

 

This is the N244 Strike out application i sent to Northampton,

 

IMG_0002.jpg

 

IMG_0001-6.jpg

 

IMG-11.jpg

 

VOLVO

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Hello PT2537 Paul

 

I am worried about this now as i thought there was a solid case re no T&c's, defective DN etc, but as the combined balance is £8-9K plus any costs, it will have a major impact!!!

 

Thanks, VOLVO

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oh lordy,

 

That's never gonna get dealt with without hearing, sorry but its not,you should have gone for at a hearing, with a time estimate of 30 minutes

 

And also, a draft order would have been appropriate,

 

When you say you thought you had a good case? how when you don't have the documents upon what the claim is based? i can never assess a clients case without disclosure first, so , disclosure is vital to be able to decide what your strengths and weaknesses are

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Oh dear,

What do i do know??,

 

Does this mean i will need to submit a defence after all by 28th May, or do i wait for northampton to respond to the N244 Strike Out Application.

 

VOLVO

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