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How long to submit a defence***Claim Settled***


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To be clear Andy....do I just sit here and do nothing as it is they who have to do all the writing?

 

And is this normal for a claimant? I have been told it's an example of they running scared......it that right?

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DT

 

They need your consent to reissue a fully particularised P.O.C CPR 17.1(2)...just let them have your consent.

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Andy

 

We have now received an allocation questionnaire (form N125) which has to be returned to NCCBC by 28th March. I asks:

 

1) if the small claims track in the right one?

2) experts etc.

 

Starting to get a wee bit worried by all the officialdom! I still have a letter from the OC after I asked for a copy of the the signed agreement telling me they only needed such a document if they wanted to go to court and to date neither they or Arrow have provided it

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Andy

 

could you please give me some advice, the OC has now sent me a letter saying I haven't responded to a letter they supposedly sent me. The have sent the allocation questionaire saying they want to use the mediation service, the small claims track is the most suitable track, also they do not see a reason why the case should be heard in a particular court and that they will be calling a witness.

 

Have until 28th to reply to court..............................what do we do?

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Just complete your AQ and serve a copy on the Claimant also.....what letter have they sent that you have not responded to?

 

Regards

 

Andy

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Thanks Andy

 

The letter they refer to was the consent to alter the particulars, which I replied to and which they received....good old Royal Mail Track and Trace!!!!

 

Do I agree to the mediation? I still have a leeter from the original owner saying the didn't have any documentation

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Yes agree to mediation if they approach but state that the OC has already confirmed in writing that there is no agreement.

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AQ returned to court along with a copy of the letter saying there is no signed agreement and my two requests to the claimant to provide such and agreement which they continue to state exists.... updates as and when

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  • 2 weeks later...

Latest correspondence from Arrow saying they have requested a copy of the signed agreement and will be in contact as soon as they have it, nothing from the court though

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Not as such but we will request again at AQ and they will have to disclose eventually before trial.

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Thanks Andy

 

I assume that means there will be another AQ to be submitted. I sent the original letter etc. with the AQ I initially returned. Surely this can't drag on forever and the court will eventually say "enough is enough do you have this information? If not....go away" Could I get LiP/disbursement costs if this happens?

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Only in th Fast Track if the claimant discontinues would wasted costs apply.

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  • 2 months later...

Andy/team

 

This matter was satisfactorily reolved via the mediation service, acknowledging the lack of documentation, the fact that I knew there was PPI and penalty charges the demand amount was reduced by 2/3. And I paid the balance.

 

Thanks for your help

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Good morning DT,

 

Very pleased that you have managed to resolve this amicably..I will amend your thread to reflect the result.

 

Well done.

 

Regards

 

Andy

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Pleased to hear you have a resolution on this.

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Andy/team

 

I will ensure that I make a donation of GBP20 within the next week or two. I know it may not be much but it is a huge percentage of what I have! There was one comment made during the mediation which was quite worrying, I would not wish to publish it publically for fear of worrying others but If I can PM one of you I will pass the details

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PM me DT im intrigued.

 

Andy

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Received and noted DT...I wouldnt read much into that...judges lottery and nothing new.

 

Regards

 

Andy

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