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

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can you scan the order up to pdf please

read upload

 

dx

 


..

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Ok I’ll try and load here 

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read our upload guide carefully

pdf only

dx


..

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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


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

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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.


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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.

 

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don't need to see them

 

so have you filed yours yet?

 

 


..

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Filed your DQ in November didn't you ?

 

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


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yes i did. its salford court.

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


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thanks, i will ring them.

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hi, received the letter from the court saying that the claimant solicitor has filed the claim and served upon us, reply to your defence. this reply now forms part of the case and it is therefore important to understand the procedural impact, aswell as the contents to the reply of your defence.

CONTENT OF THE REPLY TO YOUR DEFENCE.

Main points made by the claimant as follows;

the claimant relies on verbal agreement between me and him;

the claimant stated he recorded the verbal agreement whereby you agreed to repay the monies owed to him by xyz. 1st defendant;.

claimant states the recording has been transcribed;

the claimant accepts there has been no assignment of the contract but relies on verbal and recording agreement;

procedural

the claimant solicitors now having filed a reply, means that the claimant believe that he has sufficient evidence persue the matter against you. the claimant has responded to the points raised your defence and countered them in order for the courts and all parties to have an understanding of their case.

the court has also issued an order both parties to make a representations at b..... court 18th of march.the hearing on this date , is to allow all parties and the courts to have an understanding of the case to hand.whereby courts shall issue further directions on how the case should proceed to final hearing. 

 

 

 

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Still the case that if

a) you got no consideration for your offer to make payment, and

b) you didn’t make the offer as a deed (so in writing and meeting the requirements of a deed)

that the offer is unenforceable. You clarified these important issues higher up the thread.

 

The fact that the discussion might have been recorded doesn’t magically make it enforceable.

Does their reply address these issues (and did they feature in your reply)?.

If so, they are “willy waving”.

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thanks bazzas,  dont know about the issues . but will the court accept secret recording. shall i attend the meeting on the date mentioned.

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Apologies if this isn't relevant, but do you think the recording is actually you? A transcript is one thing...

 

HB


Illegitimi non carborundum

 

 

 

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thats something i dont know it could be bluff. can i ask the court or the claimant solicitor to send me the voice recording.

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The recording doesn’t matter.

if it exists, even if if shows what the claimant alleges: you still don’t have an enforceable contract. 

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just to confirm the claimant phoned my son in law to ask me if he would like to have a meeting to save further cost. shall i contact him?.

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any advice please thank you. 

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Suggest he put any proposal in writing, given there is an ongoing court claim.

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ok thanks.

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