guarantor - got CCJ by default - HELP

[gupta]

your right mate, ill just sit back wait and see from the court.

[gupta]

hi all, iv got the email from the claiment solicitors today saying that in there say in our view any written report which may have created is priviliged. notwithstanding this if ther is a written report available,we will deal with this at the point of discloser. they are sending proposed direction to the court .

[gupta]

can anybody help me with the above thread please, what should i do?

[Mike_hawk]

Not much you can do at this stage, you asked, it declined...... I'd wait on its application to the court and see where it leads you.

[gupta]

thanx for the reply, iv received the papers from the claiment saying i have to file the case in defense before 4.00pm. on the 18 of october, dont no what to do and how to file the case.

[The Mould]

thanx for the reply, iv received the papers from the claiment saying i have to file the case in defense before 4.00pm. on the 18 of october, dont no what to do and how to file the case.

 

Not your signature is your Defence! Your rely upon Statute of Frauds 1677, no evidence has been produced by Claimant that you consciously acted as Guarantor to this agreement, you did not sign this Guarantee Agreement, the signature therein is not yours and you put the Claimant to the strictest proof to substantiate otherwise.

 

Statement of Truth

 

Signed ........Gupta...............................this day ..........of September 2013

 

 

Kind regards

 

The Mould

[Mike_hawk]

thanx for the reply, iv received the papers from the claiment saying i have to file the case in defense before 4.00pm. on the 18 of october, dont no what to do and how to file the case.

 

Is this proposed directions the claimant intends to file or court served following an application?

[gupta]

this is proposed direction from the claiment intends to file, not heard anything from the court yet. regarding the mould advice do i have to print the Statute of Frauds 1677 and produce it at court . sorry to ask these question as have never been in this situation before and worried about my house or sentence.

[Mike_hawk]

Could you type out its proposed directions, minus any personal details.

[gupta]

thanx mike hawk. ill get back to you soon, its abit long letter to write.

[gupta]

hi mate. the letter from the claiment. the claim is allocated for fast track. 2 defendant file and serve fully perticulised defence on or before 4.0pm 14th of october 2013. if the defendant fails to comply the defense shall stand struck out and the claiment shall be liberty to immediatly request judgement.

[Mike_hawk]

That's not the full content of its correspondence, you really need to put a little effort into the case.

 

There must be more than your post........ has it suggested agreeing directions at filing or any possible ADR remedy, is it claiming any relief to cpr 31.19?

[gupta]

sorry mike iv not listed the full report its on pdf file trying to copy, will post it soon, sory about this,

[Mike_hawk]

Try scanning a copy and uploading on here........ short tutorial courtesy of dx below:

 

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

************************* ************************* ***********

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[gupta]

thanx mate, not very good with computer but i will try.

[gupta]

hi mate. the letter from the claiment.1 the claim is allocated for fast track. 2 defendant file and serve fully perticulised defence on or before 4.0pm 14th of october 2013. if the defendant fails to comply the defense shall stand struck out and the claiment shall be liberty to immediatly request judgement.3. the claiment do file and serve reply to defence by 4.00pm on 28th october 2013.4 each party shall give to the other party standard statement of documents by serving a list with discloser statement by 4.00pm on 25th november 2013. any request to to inspect a copy of documents should be made by 4.00pm on 2nd of december 2013. 5 each party shall serve on every other party the witness statement of witnesses of fact upon whome he intends to rely. there should be simultaneous exchange of statements by 4.00pm on 10th february 2014.

6. each party shall serve any request of clarificaion of further information based on document discloser of statement served by another party by 14 days after discloser of service. any such request should be dealt within 14 days of service. 7. if so instructed parties shall have permision to obtain a joint expert specialised in hand writing analysis. 8. each party must file a completed pre- trial checklist and any associated applications by 4.00pm on date to be set by the court. the partys must file with there pre- trial checklist a succint updated case summary and schedule of outstanding issue[ which they must seek to agree] and agreed details of the availibality of all trial personnel of all parties within the trial windows. if there are no or only limited dates of joint availability a reason for the non availability of each parties trial personnel must be stated. 9. the trial of this case will take c.court. or such other place as may be notified on a date to be fixed with the trial window of 3 months commencing on dete to be set by the court. the trial is for 1 day. 10. the parties are reminded by the practice directions to cpr 28 fast track.

[Mike_hawk]

hi mate. the letter from the claiment.1 the claim is allocated for fast track. 2 defendant file and serve fully perticulised defence on or before 4.0pm 14th of october 2013. if the defendant fails to comply the defense shall stand struck out and the claiment shall be liberty to immediatly request judgement.3. the claiment do file and serve reply to defence by 4.00pm on 28th october 2013.4 each party shall give to the other party standard statement of documents by serving a list with discloser statement by 4.00pm on 25th november 2013. any request to to inspect a copy of documents should be made by 4.00pm on 2nd of december 2013. 5 each party shall serve on every other party the witness statement of witnesses of fact upon whome he intends to rely. there should be simultaneous exchange of statements by 4.00pm on 10th february 2014.

6. each party shall serve any request of clarificaion of further information based on document discloser of statement served by another party by 14 days after discloser of service. any such request should be dealt within 14 days of service. 7. if so instructed parties shall have permision to obtain a joint expert specialised in hand writing analysis. 8. each party must file a completed pre- trial checklist and any associated applications by 4.00pm on date to be set by the court. the partys must file with there pre- trial checklist a succint updated case summary and schedule of outstanding issue[ which they must seek to agree] and agreed details of the availibality of all trial personnel of all parties within the trial windows. if there are no or only limited dates of joint availability a reason for the non availability of each parties trial personnel must be stated. 9. the trial of this case will take c.court. or such other place as may be notified on a date to be fixed with the trial window of 3 months commencing on dete to be set by the court. the trial is for 1 day. 10. the parties are reminded by the practice directions to cpr 28 fast track.

 

Bog standard directions and a lazy application

 

What happened to........? '4 the claimants solicitors to notify the court not more then 7 days after the expiry of the stay period the outcome of the stay.'

[gupta]

thanx mate, dont know about 4. still dont know how to send details to the court by 14th of october. will the court sends it to me or do i to phone. any advice will be appriciated.

[Mike_hawk]

To be honest, I'm making assumptions which may not be accurate as your posts appear to be missing information.

 

Was there not a covering letter?

 

Assuming this is merely a copy of its proposed application for directions, you don't file anything until you receipt sealed order from the court.

 

I think I'd be pressing it for a copy of its report regarding the investigation. Assuming it files its application you may want to think about cross applying for disclosure with an unless rider attached to the order.

[gupta]

hi mike, i dont quiet know what you mean by covering letter, iv posted all the letters iv had from the claiment. and also who shall i ask for copy of its report to. iv already asked for it from the shakespear, but they have not replied.

[Mike_hawk]

Hi Gupta

 

There was a purpose for the initial stay in proceeedings following your set aside........ it has since been granted a further stay to carry out its investigation

 

3 the case be stayed for 8 weeks to allow the claimant to investigate the defendants claim the signeture on guarantor is not his.

4the claimants solicitors to notify the court not more then 7 days after the expiry of the stayperiod the outcome of the stay.

 

 

Has the other side commented at all within any written correspondence to you or the court in the matter of its investigation?

 

Were the directions served with no explanatory cover note or correspondence from the other side, not even a simple one line 'by way of service' ?

 

As far as I can tell it has possibly carried out its own investigation per previous order, whether it will allow you sight of this for inspection is doubtful. I have a suspicion that it won't even go as far as including within its disclosure list unless ordered.

 

It has drafted a standard/model form of directions but to date it hasn't suggested why it has served it on you........... is it a copy for agreement, is it a copy of an application?? Either way you haven't received the order sealed by the court so there's nothing to respond to the court with at this time.

 

Perhaps if there is no covering letter it may be sensible to ask it the purpose of its service at this time. Also check with the court to establish whether it has received any application/s or correspondence in the case.

 

If it does apply to progress the case that would be the time to file your own application for disclosure and inspection of its investigation notes.

Edited October 1, 2013 by Mike_hawk

[gupta]

hi mike. i havet received any papers from the court, only papers iv received are from the claiment, wether they are genuine or not i dont know but they are the ones iv received.[ the one iv posted above] i dont understand why they havent filed the case after 8 weeks. also shall i ask the claiment solicitor for update and how do i get in touch with the court about the corespondance in the case. thanx for your advice. youv been very helpful.

[Mike_hawk]

hi mike. i havet received any papers from the court, only papers iv received are from the claiment, wether they are genuine or not i dont know but they are the ones iv received.[ the one iv posted above] i dont understand why they havent filed the case after 8 weeks. also shall i ask the claiment solicitor for update and how do i get in touch with the court about the corespondance in the case. thanx for your advice. youv been very helpful.

 

I would keep the sols under pressure to allow inspection of the banks report. Its a little unlikely the court would deny you relief as it sits at the crux of the case. Plenty of case law supporting disclosure and inspection.

 

Ask it whether it intends to file its draft directions and whether it intends to comply with the previous order. You could I suppose put it on notice now that if it fails to allow inspection of the report of its own volition you will apply for an order compelling it to do so with costs in your favour.

 

Court contact details can be found here http://212.137.36.113/HMCSCourtFinder/, you just need to search for the county court relevant to you.

[gupta]

thanx mate i will ring court and see whats happens.

[The Mould]

Paragraphs 3 & 4 of the Court’s Order, mentioned by you at#20, clearly Ordered the Claimant to investigateand prove that said questioned signature is yours and then notify the Court asto the outcome of the same not more than 7 days after the expiry of the stay, this was in relation to your successfulset aside application, where the Claimant’s interim charging order was alsodischarged.

Gupta, following on from Mike’s sound advice, have yourreceived a sealed Order from the Court bearing the title “General form of judgement or order” in relation to the contents ofthe recent letter that you received from the Claimant? Or, has the Claimant served any applicationnotice on you as regards the same?

What exactly doesClaimant’s letter say and what documents has he enclosed therewith?

Contact the Court, by telephone is perfectly alright andacceptable, request status of this claim. Unlessyou receive Sealed directions from Court telling you what to do asregards filing and serving of any further documents/defence etc.etc. and withinwhat timescale to do so, then you arenot obligated to do anything.

The saidobligations imposed by the Court are still on the Claimant and are unambiguous, it appears to me that Claimant is in defaultof the same and is trying to take unfair advantage of you because you are anuntrained litigant acting in person (don’t take any offence to that comment ofmine gupta).

Check status of claim with the Court only, then report backhere thereon for further help, support, advice and guidance.

Kind regards

The Mould