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    • Minor developments: a) Notification received that case has been referred to County Court at Chesterfield and we've to await the Judge's directions re allocation etc.  b) The letter I sent on 20th August to the agent (Lambert Smith Hampton) that manages the Berkeley Precinct and has its address on the board at the entrance, has been returned by the Royal Mail National Returns Centre, with a sticker saying the "addressee has gone away"!! Don't they have an obligation to change the signage if they move, and why wouldn't such a large company have their mail re-directed? The letter requested assistance in obtaining a copy of the contract between VCS and the landowner. I'm a bit mystified, but have found an additional address, so I could resend the letter and give it another try. 
    • urm.. FmoTl twaddle me thinks followed here
    • 123 Abc efg   22/09/2019 Dear Sir,   Re:  v xyz. Case No: 123456   CPR 31.14 Request   On (date) I received the Claim Form in this case issued by you out of the county court of Salford.      I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.   Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:     1: The agreement/overdraft Facility Confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   Failure to prove the above will render any claim unenforceable pursuant to section127 and 61b(3) CCA1974   2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974   3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C   4. Notice of Assignment *   You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.   Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.   In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.   If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.     Yours faithfully   Xyz. is this ok to send. and recorded delivery.
    • lots of fixed sum penalty fees?    
    • I have received statments back to 2008 from them, Its a big file, with lots of the original papaerwork, a lot of this I have not seen for a long time and im sure this wasnt in the previous SAR.  There is some information that has been erased, it seems to be the Witness or agents/sales persons name!    
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Gallahad

Sigma claim form - M&S CC.- help

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not really, yours is prob fast track? ie not small claims. so, would be form n150. (or n149 if small claims). you could consider any draft directions on it, and mediation.

Edited by Ford

IMO

:-):rant:

 

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Track not been designated yet but it is over £10k so not small claims I would think.

G

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have a look at form n150


IMO

:-):rant:

 

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Track not been designated yet but it is over £10k so not small claims I would think.

G

 

the court will send out the appropriate info


IMO

:-):rant:

 

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" Sigma have just confirmed that they intend to proceed with the claim "

 

Only on receipt of the N150 is this proceeding..... that's another £220 they will have to fork out.........profit in this assignment is deminishing:razz:

 

If and when Gallahad it arrives just bump your thread.

 

Andy


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The N150 arrived in this mornings post i have until the 18th to get it back to Northampton

G

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Plenty of time to respond accordantly Gallahad...just bump your thread a few days before.Now get out and enjoy the sunshine:wink:

 

Regards

 

Andy


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Thanks Andy but no sign of sunshine here sadly. I am surprised the AQ has come Northampton as the copy of the email HL sent to Northampton asked fro it to be transferred to my local court is this usual?

G

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how are you getting on gallahad? your deadline was the 18th?

Edited by Ford

IMO

:-):rant:

 

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I have put in my AQ and they have still failed to supply any documents. They have however asked me to specify my costs to date.

G

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did you do any draft directions?


IMO

:-):rant:

 

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No but I did tell them they would be liable for the costs of changing my defence as they had failed to supply any documents at all to support their claim.

G

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oh ok. might've been an idea to draft a proposed direction as was suggested.

one thing is, generally, to amend a defence would require permission from the court either on application or via its own discretion/order. or with permission from the claimant, thus without the need for courts permission. afaik.

maybe the court will make its own direction in consideration.

andyorch will hopefully look in and confirm/advise.

Edited by Ford

IMO

:-):rant:

 

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If for whatever reason a defence needs to be amended (unless ordered by the court) you would need the agreement of the the other party...the Court... and this would be done by application.The defendant is then responsible for any costs that the amendment has incurred to the other party.

 

Hope that clarifies.

 

Regards

 

Andy


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Thanks Andy I have informed them that I intend to make an application to the court and it was then they asked for my costs to date.

G

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What are you making application for G and what amount is involved in the claim?


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The claim is for over £10,000 but I cannot make public the nature of my application at this stage.

G

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No problem just wanted to check the figs as they are requesting your costs.

 

Regards

 

Andy


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