Jump to content


iabb

Erudio/Drydens successful set a side- now defence

Recommended Posts

Will have a look as soon as I get home Andy and post up 

Share this post


Link to post
Share on other sites

So it says by 24th October claimant to file with court and defendant

 

full statement of account from inception to date

default notice

credit agreement

letter before action

copies of all correspondence sent to defendant in last 8 years

 

i have to file an amended defence by 8th November 

 

hearing fee to to be paid by 15th November-no fee no claim basically 

 

there is a wArning para further on saying failure to comply may result in claim being struck out or evidence not being considered, but nothing specific to filing of evidence......

Edited by iabb

Share this post


Link to post
Share on other sites
Quote

there is a warning para further on saying failure to comply may result in claim being struck out or evidence not being considered, but nothing specific to filing of evidence......

 

Cant be more specific than  " failure to comply may result in claim being struck out or evidence not being considered "  

 

You shouldn't have to make an application when the court attaches a warning to an order.They should strike it out or bar them from using any documented evidence of their own volition 


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

So how do I get the court to put it before a judge without paying the £100 fee?

The court are saying that’s what I have to do, otherwise submit my defence (based on no evidence) and the judge will deal

with it in court?

 

I know some of this could just be a waiting game, but I want to get this sorted and move on? 

Share this post


Link to post
Share on other sites

bet if you ring again and say the claimant has failed to comply, you'll get a diff and correct answer now.

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I’ve rung twice and emailed 😭

Share this post


Link to post
Share on other sites

Submit your defence on time then and refer to their failure to comply within your defence and the courts order which states that it may be struck out or precluded from submitting any documented evidence.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Do I just re submit the previous defence as I have nothing new to go on? 

Share this post


Link to post
Share on other sites

Thats all you can do but with the beginning intro redrafted to include the points I have raised above....have a go and I will check it for you before you submit.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

and?

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Apologies, I had been locked out after changing my phone!

 

so still no service of documents by erudio, but they have paid the hearing fee!!

I submitted my witness statement on time in accordance with directions, so really no idea what is happening!! 

 

I have today emailed the court and asked the judge for a point of clarification.

That is should they be allowed to proceed to hearing if they have not complied with the directions to produce evidence? 

 

If if the judge won’t consider it, then I don’t know whether I should submit a formal application to get this done and sorted before any hearing? 

Share this post


Link to post
Share on other sites

Whatever prompted you to do that?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I asked the court how it could be possible that they should be allowed to proceed if they didn’t comply with directions, they told me to email and they would put it before the judge. Shouldn’t I have done that? 

Share this post


Link to post
Share on other sites

sorry I remember now, this is a hearing following your successful set aside 

the judge gave directions for filings by 24th october

the claimant has failed to comply, whereby you have.

 

claim should be struckout.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

That’s what I believe, however erudio seem to be playing a funny game, paying the hearing fee but not actually producing evidence that directions told them too! 

 

If if the judge won’t consider the email, would you make an application and pay the fee? 

Share this post


Link to post
Share on other sites

they have failed to comply to the specific directions of the judge

typically we see a resolution upon this whenever anyone phones.

however CCBC could be busy so email is fine.

 

the fact that erudio paid the fee is somewhat immaterial, it comes out of an account with CCBC simply by an erudio employee clicking a box, whom doesn't have a clue about your case


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

That’s helpful DX, I assumed that someone would have had to go to the trouble of making the payment, which seems at odds with the fact they haven’t bothered to submit anything to me or the court! 

Share this post


Link to post
Share on other sites

Copy of your witness statement  uploaded to this thread would be helpful also.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

still bits missing

end of point 9 and more ?

 

and how did mention of an embarrassed defence and deed of assignment get in there?

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Can dx and Andy point out anything obvious I have missed? X

Share this post


Link to post
Share on other sites

yes 

IMHO it needs tidying and parts removing/adapting

 

can you just simply open the docx file 

and copy and paste the complete text to a msg box here at text so we can copy/edit at will

 

thank you


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

its Been submitted so I can’t amend it, but can obviously put forward verbal submissions to support? 

Share this post


Link to post
Share on other sites

No not if its not in your statement....should have waited until we had chance to check it.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...