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You can consent to the case being allocated to SCT,

 

all you need is the agreement of the other side, normally you would be fast track with that amount in dispute but i was merely trying to offer you some protection on costs, SCT you will not get costs against you , thats the general rule however, i have just done a fast track trial where the cost order was £11414.59 in our favour so, this is why i raised the point

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thankyou for advice PT . I thought over a certain amount it was not allowed to be small claims . I think that would be good advice if we were to lose !!! .

 

On another point .. i have been thinking about things this morning and maybe something to say if we try to reach agreement before court .....

 

how much of a balls up have they made in sending DN to wrong address when they clearly had correct one ??.... any use as a bargaining tool in any negotiations to keep it out of court ????

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sorry to be a pain .... have just looked at some other threads that have quoted the relevant sections and it really does look like the DN they have sent cannot be considered served as they sent it to an address that they know was not the current address ( they sent a statement a day earlier to correct address) ..... is the non conformity of the DN a complete defence in court ??????? any comments appreciated

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Yes - the DN is defective

 

I am afraid that that I don't agree with PT on the allocation of track - in my experience you get much better disclosure in the fast track but its' up to you

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Yes - the DN is defective

 

I am afraid that that I don't agree with PT on the allocation of track - in my experience you get much better disclosure in the fast track but its' up to you

Oh i agree on the track in respect of disclosure

 

BUT we are dealing with a LIP not a skilled lawyer, so i also consider the issue of costs if the claim is lost, that is why i say to seek consent

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My problem is that I don't agree that you can guarantee that you will get adequate disclosure in the SCT and in my view disclosure is often crucial.

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Have you had a detailed breakdown of how the sum they've claimed has been calculated...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Can't you ask for disclosure in SCT?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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i dont have a detailed claim ... and in the statements they have sent going back 6 years there is not one single purchase ... only interest and fees !!!!

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Can't you ask for disclosure in SCT?

 

You can but it is a much more discretionary thing - in the fast track you have a much more clearly defined right

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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also .. in the statement from Lloyds it says the account was closed on 8th october 2008 . again having read some threads on here am i right in thinking they cannot now issue another default notice because the account has been closed ??? i am thinking of writing to them explaining the defective dn and inviting them to withdraw their claim but want to have all the facts i can

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sorry to bump but was hoping to put plan of action together tomorrow ... so would a letter to their solictors telling them they have mucked up be good idea or not ??? would they be able to concoct something if i open their eyes to it ???

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I don't think a letter to the solicitors would serve much purpose to be honest, assuming that your defence has everything in it.

 

What further help do you need at the moment?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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so just keep it for court ??? was thinking that but on the other hand thought it might show the judge that i had attempted to save the courts time etc etc ....

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i think now thats decided am ok for the moment . Think i will ask for fast track to ensure disclosure . will send AQ of nearer the time it has to be in . Just one thing i was going to ask ..... As i said in the opening post ... the card is in my wifes name .. she is extremely worried about the possibility of having to stand up in court and quote case law etc ... is there any way i can represent her or can i only be there as a mackenzie friend ???

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The choice is yours and I see your point, but personally I wouldn't. Others may see things differently.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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i think now thats decided am ok for the moment . Think i will ask for fast track to ensure disclosure . will send AQ of nearer the time it has to be in . Just one thing i was going to ask ..... As i said in the opening post ... the card is in my wifes name .. she is extremely worried about the possibility of having to stand up in court and quote case law etc ... is there any way i can represent her or can i only be there as a mackenzie friend ???

 

Most courts will allow a spouse to speak for their partner

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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