guarantor - got CCJ by default - HELP

[mjt2013]

I would hope she'd be competent enough to address this in her report.

[Mike_hawk]

From the reports I've seen, she is and she does..... hence my initial thought that this is going to be £1300.00 down the pan!

[gupta]

just to let you know I didn't pay anything towards this. but my question is should I reject this offer or let it continue.

[mjt2013]

I thought you had earlier said you would pay half?

[gupta]

sory mjt. i did say ill pay but i told them i didnt have the money at the moment.

[mjt2013]

So they have agreed to pay it all themselves?

[gupta]

yes mjt they agreed to pay themselves.

[Mike_hawk]

Instructing party would usually underwrite costs but the general rule is that both/all parties are equally and severally liable except by alternate order.

 

I suppose the question is, are you satisfied with the instruction or are there other questions you feel require asking?

 

Is the expert able to score the probability that the copy guarantee was executed by signature at date of construction? The answer (given recent case authorities) would in all probability be a resounding no, the bank is asking you to agree a question outside of the experts knowledge, I'd be inclined to expose the other side to a further degree of scrutiny.

[gupta]

of coarse am not satisfied with the instruction as the bank hasn't got the original documents and they want me to agree to photo copy signature. that's why I want expert advice weather to refuge the offer or not. many thanks.

[Mike_hawk]

Not sure you'll receive expert advice on here gupta, most of us post from our own experience of similar issues.

 

Ask the other side to add your questions within the instruction.... If it declines you can send your own under separate cover, if the expert has any concerns she can request instruction from the court to clarify.

[gupta]

thanks mike hawlk for your reply.

[mjt2013]

If you want expert advice then pay a qualified lawyer to give it, we're just doing our best to help you for free.

[gupta]

sorry guys I didn't mean any harm this is a great forum and iv had great advice from here, when I said expert didn't mean you guys are not expert, otherwise I would have gone to solicitors and paid arm n leg. I hope iv not offended any body.

[Mike_hawk]

sorry guys I didn't mean any harm this is a great forum and iv had great advice from here, when I said expert didn't mean you guys are not expert, otherwise I would have gone to solicitors and paid arm n leg. I hope iv not offended any body.

 

No offence taken Gupta

 

Perhaps ask the question; 'Assess the probability that the copy guarantee was executed by Mr Gupta's signature at date of originating document construction'

 

Looking at it logically, the answer is outside of her knowledge and will hopefully reduce its score.

[gupta]

hi.i have received a email from the claimant solicitor which they are saying that i have not served there firm with pre trail check list and if this is not served with in 7 days we may be instructed to make an application without further notice to you. they also said that they want the copies of the document I have posted to [dr.giles the signature expert].any advice how I should proceed with this as I have not received any papers from court as yet. many thanks.

[Mike_hawk]

Did you not comply with the order ?

 

If you haven't already done so you should act on it and ensure you comply with each part, that would include serving a copy of your correspondence to the expert and it's inclusion within disclosure list.

[gupta]

thanks mike hawk, yes I did. iv also posted all the original signed document to the signature expert.

[Mike_hawk]

So you have definitely complied with each part of the order and served a copy of the questions posed on the other side?

 

The checklist was filed on time with the court? If that's correct then I'm not sure why it is demanding service of the questionnaire when the parties aren't compelled to exchange, I'm sure it would only have to ask nicely and you'd be prepared to send it a copy.......... has it served it's copy on you?

[gupta]

yes mike hawk. posted on the 22/11/13. but I will phone on Monday and ask them what they actually want.

[Mike_hawk]

PD 28 s 6.1 (4) for reference http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part28/pd_part28

 

Are you sure you have the correct date? It appears to be pre order at your post 143

[gupta]

right mates. just received letters from claimant sol. listing questionnnaire [ pre - trial checklist] form it says must be completed and returned to the court no later than the date given above. [23 may 2014.] if not, your statement of case may be struck out or some other sanction imposed. the listing letter is 4 pages.

[Mike_hawk]

You're not exactly clear with your posts Gupta.

 

The court serves the lq's and sets the date for filing (in this case it appears there's a months extension from the previous order).

 

Are you now saying the claimant has served you a copy of its checklist?

 

It's difficult for any of us to unravel exactly what you are asking when your posts appear muddled.

 

If its just a question of whether you should be completing and filing your checklist (N170) the answer is yes.

 

If you want to know if you must copy the other side the answer is no, but.... parties are encouraged to exchange so if you want to be seen to be acting properly it would be sensible to copy the other side.

[gupta]

sorry about all this. im just dopey when it comes to this sort of things. yes I mean the n170 check list, just need to fill this in need advice on how to. thanks for all the help.

[Mike_hawk]

Do you have the experts report yet?

 

Has the other side attached its proposal for directions to the N170?

[gupta]

no I have not had the expert report yet. the other side has send me attached its proposal for directions to the N170. that's the reply I need for. many thanks,