landlords unsecured pers loan claimform - suing son as well as guarantors..

[AndyOrch]

No need to upload it...I have already done that post # 83.

 

Which sections do you not understand ?

 

Andy

[bold]

these are the ones which is confusing me, ; settlement , court, Pre-action protocols, Case management information, do i leave all these blank.

[AndyOrch]

Settlement tick yes A 1  &  2 and request a 1 month stay.

Court B2 State your local County Court as you are litigant in person.

 

Pre Action Protocol...did the the claimant serve a Notice of Claimaim or letter before claim on you before issuing the claim ?

If yes...tick yes...if he didnt tick no and reason .....the claimant failed to comply with pre Action Protocol.

 

Case Management D1 =no  D2 leave blank. 

[bold]

thank you. ill post this off.

[AndyOrch]

I would hold just yet ..you should receive a copy of the claimants N181...then you can compare and see if they have included draft directions.

 

What is the deadline to file ?

[bold]

need to post back 25th November. only problem im leaving uk for three weeks on Tuesday early morning. i come back on the 23rd November. 

[bold]

hi Andyortch just to let you know that i have not received  a copy of the claimants N181 

[AndyOrch]

File and serve yours and inform the court the claimant has failed to serve you their copy which you require to agree directions.

 

Andy

[bold]

thanks andyorch. i have filed in mine yesterday, but how do i inform the court about the claimant copy of agree direction. 

[AndyOrch]

Ring the court and request a copy.

[bold]

ok thank you for all the advice.

[AndyOrch]

In FAst Track if neither party set or agree directions the court will set them...not ideal in Fast Track claims but thats down to the claimant if they cant follow the process.

[bold]

hi just received a letter from the county court money claim centre. it says;  before deputy distric judge xyz sitting at the county court money claims .

upon the court receiving documents from all 3 defendants, which it considers are intended to be the defence to the claim, including a letter from defendant 3.

IT IS ORDERED THAT

1. the claimants request for judgment against defenndant 1 and 2 is refused.

2. within 28 days from the date of service of this order, the claimant is to file and serve a copy of the agreement and guarantee referred to in the particulars of claim and reply to the defences field

3. because this order has been made without a hearing, the party has right to apply to have the order set aside, varied or stayed. a party making such an application must send or deliver the application to the court together with a approriate fee to arrive within 7 daysof service of this order. if the applicationis one which requires a hearing and

 a] the party making the application is the defendant ; and

b] the defendant is an individual.

 it says defendant 1st and 2nd. that is my soi and my son. but nothing for 3rd defendant which is me.

[dx100uk]

can you scan the order up to pdf please

read upload

 

dx

 

[bold]

Ok I’ll try and load here 

[dx100uk]

read our upload guide carefully

pdf only

dx

[AndyOrch]

Maybe they didn't request judgment against you (3rd Def)...standard order.refusing the claimants request for default judgment ..so 28 days from the date of order you want a copy of this agreement/ guarantee and if they fail you inform the court.

 

Andy

[bold]

thanks. but, where shall i get a copy of this agreement/ guarantee. who shall i contact the claimant.

[AndyOrch]

2. within 28 days from the date of service of this order, the claimant is to file and serve a copy of the agreement and guarantee referred to in the particulars of claim and reply to the defences field

 

The claimant has been ordered to send you a copy.

[bold]

Sorry I couldn't reload the papers.

Having problem.

 

 I have received another papers from the court dated 5th December, it says;

Before the court sitting at the county court money claim centre.

the claimant and defendant, you have been sent notice n149 which specified the date by which You were require to return the directions questionnaire.

 

You have failed to file the directions questionnaire by the court by the date specified in form n149.

 

IT IS ORDER THAT

 

The claimant must file the directions questionnaire on or before 19th December 2019.

If the claimant does not comply with this order their claim will automatically be struckout without further order of court.

 

The defendant must file the directions questionnaire on or before 19th December 2019.

if the defendant does not comply with this order their defence/counterclaim will automatically be struckout without further order of court and claimant be at liberty to enter judgement.

 

 i will try and load both letters.

 

[dx100uk]

don't need to see them

 

so have you filed yours yet?

 

 

[AndyOrch]

Filed your DQ in November didn't you ?

 

Which loony County Court is this ? they seem to be struggling with the process 

[bold]

yes i did. its salford court.

[AndyOrch]

Give Salford a ring and enquire...ask is that general order for the claimant only as you filed yours in Nov. 

[bold]

thanks, i will ring them.