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    • Well they have 28 days from the date of deemed service. That means, I think that you have to allow two business days from the date of issue of the claim and then add 28 days. So if you issued on the 27 – let's say 28 October. Service would have occurred – let's say 30 October, to be on the safe side. Count 28 days from then. You should be able to enter judgement today – or maybe tomorrow – although it seems a little bit later than it should be. Keep on checking What time of the day on the 27th did you issue it?
    • Hi, just received this sms out of the blue from CDER Group. No idea what it is for and no idea what to do. Any advice/help would be greatly appreciated:   "DO NOT IGNORE THIS MESSAGE. An Enforcement Agent may be allocated to your account and your goods may be removed. You can pay now using this link: https://customer.cdergroup.co.uk/portal/paylink/******** or contact CDER Gruop on 0330 107 0023, Ref ******** Security code. If anyone in your home has symptoms of COVID-19, is self-isolating or has been advised to shield, please contact us on 03301070023 before we visit you at home"   As I said, it came out of the blue. I don't think it is a spam message looking on forums, I don't want to call them as they will ask for phone number and address, so how can I find out what debt I owe?   Many thanks
    • Hi, I issued my claim on Oct 27th and Hermes acknowledged it on November 3rd but have not put forward a defence yet I can still not request a default judgement, is this right?
    • oh and thinking that throwing the supporting MPs like Abbott out might force by-elections, some of which might go Tory ... ... its my honest opinion that a few more Tories in parliament now is far FAR FAR less of a danger to Labour than the Corbynistas remaining in their midst.
    • That about Starmer so called 'interfering' in the process by refusing Corbyn the whip? Bit rich from 'deselect em and refer any complaints to my office Corbyn   anyway, If starmer was interfering, Corbyn wouldn't be back in the labour party.   and Corbyn should NOT be back in the labour party before Corbyn removes that statement undermining the investigations findings - if ever.   Starmer needs to kick them all out .. now. Cluck might take unite with them ... but he should be gone soon and he'll soon be losing craploads of his union members when the UK car industry collapses - largely enabled by Corbyn even if implemented by Johnson.   Just as Johnson is crapping all over the farmers that supported him https://www.nottinghampost.com/news/uk-world-news/farmers-could-subsidies-slashed-new-4748707 https://www.independent.co.uk/news/uk/politics/brexit-no-deal-farming-george-eustice-b1763767.html      
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claim form from IND Ltd/HEGARTY LLP - old cap1 debt


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Thanks Andy,

 

Would you suggest contacting their acting solicitors or the claimant directly and propose a Tomlin Order in this instance?

Are they obliged to accept a Tomlin Order or could they still pursue to attempt to lift stay and progress as was their intentions? Not knowing if it would cost them to apply to lift the stay?

 

Thanks

 

Gk

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That is the normal procedure...no they are not obliged but they are expected to explore all avenues of mediation and settlement before proceeding to trial.

The cost to lift the stay is equal to the cost of submitting a Consent/Tomlin Order.

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Andy - one other point i'd appreciate your guidance on. Whilst i've reviewed my defence statement, the latter letter received from Claimant's solicitors states they have provided the "Credit Agreement" and Statement of Account.

At this point, no DN has been provided which forms part of my defence claim.

 

Within my defence, clause 9 states:

9. It is averred that if the alleged agreement is subject to the

Act, before proceedings may be commenced the Claimant must have

served myself with a valid Default Notice complying with the

provisions of Sections 87 and 88 of the Act and the Regulations

made subsequent to that Act. It is not admitted that any valid

Default Notice was ever served upon me and the Claimant is put to

strict proof to provide the same."

 

Since I have not been presented with said DN at this stage, would it be pertinent to me to write back to them advising that full requirements set out in my defence

have still to be provisioned?

 

You are right in that the document they sent to me purporting to be the "Agreement" is in fact an "Application Certificate" also.

 

Am I at liberty within the "14 Days to Respond" letter to state that it is also "unlikely" that the claim will result in summary judgement without my defence being lawfully responded to and

all documentation requested be provided?

 

Just looking for some further guidance at this latter stage as this is very new to me myself and don't want to go down any wrong track before any potentional further action occurs?

 

Regards and Best Wishes for Easter

 

Gk

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The claimant is not at liberty to disclose anything pre defence bar a section 77/78 request (if applicable)

Claimant do not and are not required to keep hard copy Default Notices....only to be able to prove one was served from their audit systems.

 

 

Time frames/procedures are set by the court...if the claimant asks you to respond within 14 that's between parties and unconnected to the claim....its all pre trial bantering and testing the water.

 

You at this stage do not know what he will disclose at the necessary stage so do not base any defence on the unknown and on matters that the claimant is not obliged to do by the court.

We could do with some help from you.

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  • 4 weeks later...

Hi CAG'rs

 

 

With regards to the acceptance of a Tomlin Order, could I ask that one of the board members review the attached order and advise if I am in my rights to have drawn the order up (as in appropriate wording) or is it the privilege of the Claimant? I've attached the order itself for review and wondered if this was standard at all?

 

 

Thanks once again.

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Not too keen on the 6 mth review...12 is the norm grak...also if you could pdf the uploads as I can only just make them out.

 

Regards

 

Andy

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Thanks Andy,

 

 

Have uploaded copied PDF's with identifiable info crossed out.

 

 

If you could also advise how to respond to the claimant using the appropriate terminology I'd be more than appreciative.

 

 

Many Thanks

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Looks standard....still would try to negotiate the 6 to a 12 if possible.

 

Point 3 should read less any balance paid and normally no order for costs.

 

Regards

 

Andy

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