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    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
    • Makes the cost of the battery even worse  
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Hi there people

 

Does anybody have either a link or information for in which order multitrack documents should be presented in County Court.

 

i.e when oppening the lever arch file, how should it read ?

All that I have found is a very brief two items;

 

First.Court documentation

Second. Evidential bundle

My claim is so much more than that, or am I reading to much into the term "evidential bundle" ?

Questions that I am asking myself

1 Court documentation

1a) Does it relate to everything,

a]Case Management hearing

b]Court Order

c]Notice of Trial Date

d]Allocation to Multi-track

 

2 Evidential bundle

a]A considerable amount of my information is undated, so how do I list that ?

b]Some of my documentation is taken from the public domain, though the date shows that is was taken after the event.

c]Letters between solicitors, do they go in a different section ?

 

Lastly, do I include the skeleton argument before the Court documentation ?

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You would normally agree a content,s list with the other party first scub...that's the usual way to paginate.

 

Regards

 

Andy


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You would normally agree a content,s list with the other party first scub...that's the usual way to paginate.

 

Regards

 

Andy

 

Thanks for your considered reply to the content of my thread

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PRACTICE DIRECTION 39A—MISCELLANEOUS PROVISIONS RELATING TO HEARINGS

39APD.3

Bundles of documents for hearings or trial

3.1 Unless the court orders otherwise, the claimant must file the trial bundle not more than 7 days and not less than 3 days before the start of the trial.

3.2 Unless the court orders otherwise, the trial bundle should include a copy of:

(1) the claim form and all statements of case,

(2) a case summary and/or chronology where appropriate,

(3) requests for further information and responses to the requests,

(4) all witness statements to be relied on as evidence,

(5) any witness summaries,

(6) any notices of intention to rely on hearsay evidence under rule 32.2,

(7) any notices of intention to rely on evidence (such as a plan, photograph etc.) under rule 33.6 which is not—

(a) contained in a witness statement, affidavit or experts' report,

(b) being given orally at trial,

© hearsay evidence under rule 33.2,

(8) any medical reports and responses to them,

(9) any experts' reports and responses to them,

(10) any order giving directions as to the conduct of the trial, and

(11) any other necessary documents.

3.3 The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial.

3.4 The preparation and production of the trial bundle, even where it is delegated to another person, is the responsibility of the legal representative who has conduct of the claim on behalf of the claimant.

3.5 The trial bundle should be paginated (continuously) throughout, and indexed with a description of each document and the page number. Where the total number of pages is more than 100, numbered dividers should be placed at intervals between groups of documents.

3.6 The bundle should normally be contained in a ring binder or lever arch file. Where more than one bundle is supplied, they should be clearly distinguishable, for example, by different colours or letters. If there are numerous bundles, a core bundle should be prepared containing the core documents essential to the proceedings, with references to the supplementary documents in the other bundles.

3.7 For convenience, experts' reports may be contained in a separate bundle and cross referenced in the main bundle.

3.8 If a document to be included in the trial bundle is illegible, a typed copy should be included in the bundle next to it, suitably cross-referenced.

3.9 The contents of the trial bundle should be agreed where possible. The parties should also agree where possible:

(1) that the documents contained in the bundle are authentic even if not disclosed under Part 31, and

(2) that documents in the bundle may be treated as evidence of the facts stated in them even if a notice under the Civil Evidence Act 1995 has not been served. Where it is not possible to agree the contents of the bundle, a summary of the points on which the parties are unable to agree should be included.

3.10 The party filing the trial bundle should supply identical bundles to all the parties to the proceedings and for the use of the witnesses.

Kind regards

The Mould

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PRACTICE DIRECTION 39A—MISCELLANEOUS PROVISIONS RELATING TO HEARINGS

 

39APD.3

Bundles of documents for hearings or trial

3.1 Unless the court orders otherwise, the claimant must file the trial bundle not more than 7 days and not less than 3 days before the start of the trial.

3.2 Unless the court orders otherwise, the trial bundle should include a copy of:

(1) the claim form and all statements of case,

(2) a case summary and/or chronology where appropriate,

(3) requests for further information and responses to the requests,

(4) all witness statements to be relied on as evidence,

(5) any witness summaries,

(6) any notices of intention to rely on hearsay evidence under rule 32.2,

(7) any notices of intention to rely on evidence (such as a plan, photograph etc.) under rule 33.6 which is not—

(a) contained in a witness statement, affidavit or experts' report,

(b) being given orally at trial,

© hearsay evidence under rule 33.2,

(8) any medical reports and responses to them,

(9) any experts' reports and responses to them,

(10) any order giving directions as to the conduct of the trial, and

(11) any other necessary documents.

3.3 The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial.

3.4 The preparation and production of the trial bundle, even where it is delegated to another person, is the responsibility of the legal representative who has conduct of the claim on behalf of the claimant.

3.5 The trial bundle should be paginated (continuously) throughout, and indexed with a description of each document and the page number. Where the total number of pages is more than 100, numbered dividers should be placed at intervals between groups of documents.

3.6 The bundle should normally be contained in a ring binder or lever arch file. Where more than one bundle is supplied, they should be clearly distinguishable, for example, by different colours or letters. If there are numerous bundles, a core bundle should be prepared containing the core documents essential to the proceedings, with references to the supplementary documents in the other bundles.

3.7 For convenience, experts' reports may be contained in a separate bundle and cross referenced in the main bundle.

3.8 If a document to be included in the trial bundle is illegible, a typed copy should be included in the bundle next to it, suitably cross-referenced.

3.9 The contents of the trial bundle should be agreed where possible. The parties should also agree where possible:

(1) that the documents contained in the bundle are authentic even if not disclosed under Part 31, and

(2) that documents in the bundle may be treated as evidence of the facts stated in them even if a notice under the Civil Evidence Act 1995 has not been served. Where it is not possible to agree the contents of the bundle, a summary of the points on which the parties are unable to agree should be included.

3.10 The party filing the trial bundle should supply identical bundles to all the parties to the proceedings and for the use of the witnesses.

 

Kind regards

 

The Mould

 

Now thats what I call a reply.

 

THANKS so much

 

This is EXACTLY what I was looking for.

 

Can I say it yet again.

 

Thanks

 

Regards

 

Tony

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