got a bankrupcy petition adjourned today

[NIGHTMARE 21]

can anyone tell me what to do, when you have exhausted all avenues in requesting signed agreements etc, none have arrived and yet they are still persuing us through the courts, got a bankrupcy petition adjourned today as the "other side" had not produced an agreement, the Judge was fab, but he wouldn't dismiss it just gave them 14 days to produce one. We have been asking now since last July!!!!!!!!!!! any other ideas??

 

love this site by the way, so helpful.

[maroondevo52]

Hello and Welcome,

 

I'll start a new thread for you in the Legal Issues Forum.

 

Regards.

 

Scott.

[supasnooper]

have a look at these threads -

 

pt2537's CPR31.16 thread -

 

Use CPR 31.16 for disclosure of your CCA

CPR 31.16 Court win

 

** ORDER TO PRODUCE CCA CPR31.16 WIN ***

[NIGHTMARE 21]

thank you had a look, cant believe that they can just ignore all requests, have copied all the letters on the forum and started back in 2008 but they just go on and on!!!!!! have a Solicitor that we pay £200 an hour to but really think he's confused now too!!! we requested signed agreement under civil procedure, the time limits laid down are clear and failure to reply toa legitimate request then the account enters a default situation, they did not comply with pre action protocol part 31.16 but still just keep ignoring us and proceeding!!!!!!!!! we have copies of every request sent by recorded delivery, its mortimer clarke solictors acting for them and they only sent us a trumped up unsigned credit agreement with a covering letter saying it was taken out online in 2001. we have told them this does not suffice but they say it does, today the Judge gave us 14 days, but to do what????? we need to get everything struck out, they have obtained judgement by default just dont know how to do it,,,,,,,,,,, the Juf=dge has copies of all the correspondence but to be perfectly honest not sure he understood either!!!!!!

[bazaar]

do you mean you pay a solicitor or is it them saying this?

If you are paying a solicitor, then he should apply for costs on your behalf.

Also, the Judge has given THEM 14 days to produce a signed original agreement, so thats a good thing.

Start adding up thos costs.

You'll also need to request statements of account to counerclaim any charges theyve added illegally,

But If youve got a solicitor, he / she should know that:eek:

[NIGHTMARE 21]

Thankyou Bazaar, yes we are paying the Solicitor and NO he didnt apply for costs presume he will do that at next hearing, ours is a bit different in that its identity theft so we never did sign anything, however they cant produce anything in anyone elses name either and refuse to accept its not us!!! hence me taking this route, am now going to get default judgement and strike out based on abuse of system, but it all takes sooooooo long, by the way they tried 5 times to get us to sign something!!!! thank goodness for the posts on this site that told us not to sign a thing or we might have been in a very much worse position of having to prove handwriting analysis which is not cheap either!!!