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

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can you please help me with the defence.

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As you haven’t filed your defence within the time allowed:

a) you can still do so, but

b) They can (until the court accepts a defence from you) seek summary judgment against you (which would be a shame as you have a pretty much cast iron guaranteed defence, if the info you have provided is correct and complete).

 

Your defence is that there was no contract between you, you never formally offered to act as a guarantor. Any payments you made were on a purely voluntary basis, and without either:

a) consideration allowing a contract to be formed, or

b) a deed setting out an agreement to pay,

there is no enforceable agreement making you responsible for any debt others may have incurred.

 

Edited by BazzaS

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thank you ill send this off today thank you so much.

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Let others comment too.

But don’t just hang around without end, either.

 

I see you had multiple posts warning you of the date the defence had to be in by.

I see you had multiple posts asking you to clarify the situation / post up (redacted) the letters from the court.

 

This is a self-help site. There is help available, but you also have to help people help you!

Edited by BazzaS

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sorry but this is the latest email i got. one other thing do i post this to the court registered post.

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hi, i have received the letter  from the court of;  directions questionnaire [ fast track and multi-track] forms.

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thanks andyorch, that is the one received. some help needed to fill in please.

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Its relatively self explanatory to complete...let the claimant submit directions you leave that blank...and no to mediation in Fast track as its not free there is a fee.

 

Post up anything your unsure of.

 

Andy 


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Thanks Andy 

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slightly stuck on the form but dont know how to load the 6 pages form on here.

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Have a read of our upload guide, that has instructions.

 

HB


Illegitimi non carborundum

 

 

 

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

 

Which sections do you not understand ?

 

Andy


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

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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. 


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thank you. ill post this off.

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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 ?


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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. 

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

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

 

Andy


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

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Ring the court and request a copy.


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ok thank you for all the advice.

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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.


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

 

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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.

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