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County Court Problems


maranatha
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Took my N1 and POC to the local county court who at first refused to accept it because I was claiming Unauthorised Compound or Authorised Compound or S69 in alternates.

 

she said, "You can only claim s69"

 

Eventually she said "I'll run it past the judge tomorrow and see whether he will agree to issue "!!

 

WHAT?

 

Has anyone else had this problem? What do I do if they refuse to issue?

 

My main thread containing my POC is

 

HERE

 

 

Any Advice?

 

Maranatha

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Evening,

 

I havent come across this before! I filed my N1 today claiming the same as you. The clerk asked if i had mentioned s69 or if i was claiming contractual. I pointed out both sections and she replied "thats fine"!

 

MikeA

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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This isn't the 1st time I have heard of this happening

 

It's not upto the clerk to scrutinise the N1 They have no legal training they are clerks & are there to take the money & process the forms right or wrong.

 

The only reason they have for returning the N1 is if the claimant hasn't completed the sig box, or provided an address for service etc: The particulars of claim has nothing to do with them

 

Contact the court manager & complain about this clerks conduct repeating what was said to you & ask when this person started working for the banks

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You are perfectly entitled to claim statutory interest or other interest in the alternative. This clerk has no legal training and has not right to refuse to issue the N1 unless it is not completed and it is obvious that no claim is being disclosed. If you are claiming something that is wrong in law it is for the other side to point that out; hence the reason for a Defence! I'd complain in the strongest possible terms. You should be ok; as the judge should see sense, but that is not the point.

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