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Redwood/harwoods - school fees. Claimforn received - *** Settled by Tomlin Order* **

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Update following me sending SB defence, letter received from Harwood saying:

'We do not agree that 6 years have expired from the date on which the course of action arose and do not agree that our claim is in anyway barred by the limitation act 1980. Accordingly we have been instructed to proceed.'

 

 

This has now been followed by letter from County Court Notice of Proposed Allocation to the Multi-Track.

 

 

Haven't as yet responded to any of it and thought would ask for any suggestions as to best way to proceed - thanks

 

No need to respond .....await the Directions Questionnaire...only then will you really know if they are proceeding.

 

Regards

 

Andy


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if its smalls claims - sadly no.

 

 

dx

 

This isn't a small claim though, is it? If I read correctly this is for around £34,000 ?


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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In reply to Andy, I have received a blank Directions Questionnaire which I have to complete and return to the Courts, nothing from them apart from the brief one saying they didn't believe it was SB

 

 

Citizen B - no it isn't small claims as is circa £37k

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In the questionnaire I do have the option of mediation before court

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In the questionnaire I do have the option of mediation before court

 

 

It is always best to tick yes to mediation - you then stick to your guns, you believe the account to be statute barred and they have to prove otherwise.

 

I think from what you have said previously, the claimant will not agree to mediation anyway.


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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No they seem intent on hammering for their 'pound of flesh' - maybe working on the scare tactics

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so it is sorry

 

wasted costs?

 

no my bag legal sadly

and andy is sadly not around for a while

 

dx

 

 

:grin


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Has anyone else had the same issues with these guys and how did they handle it - and what was result?

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If my case is anything to go by they are serious. My hearing is in 3 weeks time.

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Have you received a copy of the claimants completed DQ?


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No I haven't,

all I have received is the court Notice of Proposed Allocation to the Multi-Track and a blank DQ for me to fill in as defendant, plus same for wife.

 

 

Thinking back I also have never received any proof of documents that I first asked for under SAR, and they haven't even provided proof that they have been engaged by the school or indeed that the 'debt' has been assigned to them

- in fact they said I wasn't entitled to any of those documents not specifically referenced by them in their letters/claims

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Dont worry about disclosure for now...that follows further into the process..the court will expect that they substantiate their claim.

 

With regards to the DQ try to hold off serving it on the court and claimant until the very last available date...the Civil Procedure Rules expects all parties to serve copies on each other...and if you get theirs in time this will give you an heads up on how they intend to proceed.

 

Andy


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Good point - will do.

 

 

Also at same time I have to

1) attempt to agree directions with all other parties (that is going to obviously be tricky!)

 

 

2) file proposed directions in accordance with CPR29.1(2)

 

 

3) file and exchange costs budgets as required by CPR3.13 - happy days cos I am a lawyer who has all that knowledge tucked away!

 

 

Must be able to claim for all the legal stuff I am being made to do just to comply with instructions!

 

 

Very time consuming

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You ok on preparing draft directions/costs...is this your area of law?


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No - I am definitely not one of them or indeed any part of the legal fraternity!

 

 

it was a slightly sarcastic comment,

I am fairly sensible but have never got involved with anything like this

- which is kind of the point that surely they should prove a valid case before all this is necessary.

 

 

Any help/advice etc will be gratefully accepted!!

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Ah right in jest....just post nearer the time for submitting (with or without their copy) and we can show you how to prepare for the directions and complete the DQ.

 

Regards

 

Andy


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Yes sorry about the jesting - a kind of black humour necessary when dealing with these kinds of people!

 

 

OK that would be a really great help if can do that, its got to be in by end of second week of April, thank you so much

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If there is nothing forth coming from them... re the DQ give them a ring and ask for it and that you will reciprocate on receipt of theirs.


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ok nice one will do thanks

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Need to complete the DQ now to get document returned in time so would appreciate some assistance if possible please - would make things a lot easier! Thanks

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Have you received theirs...? did you ring and request a copy if not?


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Not received as yet but rang and they said will send by end of week, which is when the DQ is due to be returned

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Better go ahead and file yours then and serve a copy on them next week.

 

Andy


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ok will do, any assistance welcome as have never done a DQ before

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The main body of the N181 is simple to complete.....

 

A - Yes

 

B1- No and name local county court

 

B2 - Yes ...Its your local county court and you are the Litigant in person in this claim

 

C - No....Not applicable you are the defendant

 

D1- No

 

D2 Fast Track ...the claim is not complicated and relatively straight forward.

 

D3 Disregard as you want it in Fast Track

 

D4 Type see attached Draft Directions (this needs to prepared separately )

 

E- No No No

 

F- Witness,s you are 1 plus any other you wish (if joint defendants 2)

 

G- Less than 1 day 4 hours

 

H - disregard (you want Fast Track)

 

I- Not applicable to defendant

 

J - Tick yes if its your intention to make any applications and the reason for said application

 

Sign and date and attach Draft Directions.

 

Regards

 

Andy


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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