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    • If it's Statute Barred and haven't made any payments towards it then send them a letter from the Library.
    • Hi 👋  I've received an out of the blue letter from Intrum saying they've passed a historic debt to Resolvecall who will be visiting our property if we don't get in touch.  I am certain this is statute barred and designed to scare us.  Do we ignore it?
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    • Hi All, I've just had the inevitable N24 and other paperwork arrive. I've read other examples on here and I think I understand the steps to follow. I have until the 28th May to return the N180 Small Claims Direction Questionnaire, I also have an N244 Application notice copy. I read an update on a case you kindly put a link in for me to read. Turns out they lost in court and are now struggling. I really don't want to get to that stage and am thinking mediation may be the way forward? Thoughts please? Pretty sure I've missed the 7 days to have the order set aside.  For reference, this is what I received: Dated 8th May Before Deputy District Judge Baker sitting at the Civil National Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH   The Court will deal with the application to lift the stay without hearing under CPR 23.8(c)   It is ordered that:   The Application to lift the stay and for direction questionnaires to be issued is granted.   Because this Order has been made without a hearing, the parties have the 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 any appropriate fee) to arrive within seven days of service of this Order. If the application is one which requires a hearing, and   a) the party making the application is the Defendant; and b) the Defendant is an individual,   then upon the filing of the application the claim will be transferred to the Defendant's home court. In all other cases requiring a hearing the claim will be transferred to the preferred court.  
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Im Scared.....helppppppppp


bonnie0852
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bonnie..............I'm looking at your post count.............

 

 

 

665

 

 

 

 

 

that's a helluva lot of questions hun!!!!;):)

aint i lucky then to have such an inquisitive mind, not like someone not too far away!!!!! :rolleyes:

My motto is "if u dont ask u dont get" and i like getting!! so there :D :D

ps.... theres room on here for another 665!!!

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1. WHEN i win my case how is the interest worked out???? Ive got it accrueing on my s/s but does the judge work it out or do they ask me for the total?????

 

2. Both AQ's had to be in by today so do i phone the court up 2morrow to check Abbey submitted theirs?? If they havent can i get it struck out???

 

Thats all for now folks!!

 

My mate is currently claiming against HSBC well I am doing it for her!!!! just keeping fingers crossed she has the same judge as me and I won't havet to do her bundle.

 

Anyhow HSBC seem to be missing the AQ deadlines including my mates they should have filed 25th June, we sent a letter to the court asking it to be struck out as an abuse (even though we had it in the draft order) anyhow the court have written to HSBC giving them now until the 2nd to reply,

 

This just does not seem right to me, totally abusing the system, I would suggest you have a look in the HSBC section there is a good template letter in there to send to the judge regarding late AQ's. (If you can't find it let me know)

 

The interest I found worked out differently from the spread sheet than manually calculating, so I did it manually at the rate per day as laid out in the N1.

 

Also I had in my defence about the 6 year charges from the court date, if you look in my topic you will see I also was worried, I have to say Traci don't change your claim I got paid all of what I asked for

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Hi Maria, thanx for that!!!

Received Abbey's AQ this morn tho so cant go down that line. They've asked for a months stay so just sitting and waiting and hoping for a sympathetic judge to strike em out!!

 

court bundles next...................... lock yr doors, close yr curtains and turn yr phones off.......... dont say i didnt warn u :p;):D

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cf will help you bonnie for sure so no worries you around love msnxxkia

 

Im forgetting about it now til i hear from the courts kia, i'll only confuse myself!!!

Lucky 4 me i know ALL the experts on here to call on when needed ;)

 

Going off to make dinner now and wont b on later, new start for me!! (whilst im on earlies anyway)!!

me

xxxxx

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Queen T what a nice offer would give you some rep points but I can't cause I have given you loads already :p don't want to abuse the system like Abbey do :D

 

Have you thought about copying some more and selling them? I may be interested if my mate needs one?

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Bonnie, I've got my court bundle all printed and ready to go but didn't need it, you want it?

 

thanx a million for that T!!!! Id be mad to refuse yr offer :D

 

Will catch up later as im out all day now but my answer is yes please hun!!!

 

Cheeeeeeeeeeeerrrrrrrrsss

xxxxxxxxxxxxxxxxxxxxxxxx

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  • 2 weeks later...

Hi Guys, received this is post this morn and im presuming its not your ordinary "GENERAL FORM OF JUDGEMENT" as ive gone for the "ABUSE OF PROCESS" strategy??

Pls can cast yr beady eyes over it espec PARAGRAPH 3 and tell me in idiots terms what it all means pls???

xxxxxxxxxxxxxx

 

Directions

1. The claim is allocated to the small claims track.

2. The hearing will take place at a place, time and date which will be

notified to the parties.

3. The Defendant shall not later than 4pm on 13 August 2007 serve

on the Claimant and lodge at Court a document answering the

following questions: (a) Is the case intended to be contested to and

at trial? (b) Does the Defendant intend to apply to adduce expert

evidence?

4. If the Defendant fails to lodge at Court a document in accordance

—— —with -paragraph^. above the defence shall stand strucl^out and—

judgment be entered for the Claimant for the amount claimed and

costs comprising the issue fee and any allocation fee paid.

5. Each party shall serve on the other the witness statements of all

witnesses (other than expert witnesses on whom they intend to

rely.

6. No party may adduce expert evidence unless an application for

permission to adduce such evidence has been made and granted.

7. No party may rely on the evidence of any witness whose statement

has not been served in accordance with this order without further

permission from the Court.

8. No more than seven nor less than three clear working days before

the trial date the Claimant shall file at Court an indexed and

paginated bundle of documents which complies with the

requirements of Rule 39.5 of the Civil Procedure Rules and the

practice direction thereto, and shall serve a copy of it on the

Defendant. The Claimant shall endeavour to agree the contents of

the bundle with the Defendant before it is filed. If the Claimant

fails to file a trial bundle in accordance with this direction the

claim shall stand struck out and the action dismissed without

further order.

9. Because this order has been made by the Court without considering

representations from the parties, the parties have the right to apply

to have the order set aside, varied or stayed. A party wishing to

make an application must send or deliver the application to the

Court (together with the appropriate fee) to arrive within seven

days of service of this order.

 

Many many thanx

bonnie

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3. The Defendant shall not later than 4pm on 13 August 2007 serve

on the Claimant and lodge at Court a document answering the

following questions: (a) Is the case intended to be contested to and

at trial? (b) Does the Defendant intend to apply to adduce expert

evidence?

4. If the Defendant fails to lodge at Court a document in accordance

—— —with -paragraph^. above the defence shall stand strucl^out and—

judgment be entered for the Claimant for the amount claimed and

costs comprising the issue fee and any allocation fee paid.

This is the best bit, either come to court or pay up. The DJs are finally starting to realise what these muppets are doing by abusing the court system, so they are now starting to say either put up or shut up, i love the order i got, it is basically hinting along the same lines

:madgrin:

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oooooooo thats not too bad at all, basically asking if abbey actuallyy, intend to defend this, if they dont reply by the due date then you have won, similarly if the dont produce a bundle by the due date you can have default judgement as they will have failed to comply with a court order - ring the court on 14th August and see if they have lodged anything with the court, if they havnt then yu win

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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4. If the Defendant fails to lodge at Court a document in accordance

—— —with -paragraph^. above the defence shall stand strucl^out and—

judgment be entered for the Claimant for the amount claimed and

costs comprising the issue fee and any allocation fee paid.

 

nice one hun:) :)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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oooooooo thats not too bad at all, basically asking if abbey actuallyy, intend to defend this, if they dont reply by the due date then you have won, similarly if the dont produce a bundle by the due date you can have default judgement as they will have failed to comply with a court order - ring the court on 14th August and see if they have lodged anything with the court, if they havnt then yu win

 

 

cheers Icy/Lula!!! A question tho:

What if Abbey say they ARE going to contest it and DO turn up????

:???: :???:

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cheers Icy/Lula!!! A question tho:

What if Abbey say they ARE going to contest it and DO turn up????

:???: :???:

 

It'll be a first and you'll have to turn up too, but don't worry because you'll have your 'buddies' with you!

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dont worry, they might actually say that they will but they wont submit a bundle then you have won

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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cheers Icy/Lula!!! A question tho:

What if Abbey say they ARE going to contest it and DO turn up????

:???: :???:

Not gonna happen, they may SAY they will turn up and fight but they wont actually do it, they would be commiting financial suicide to own up how much they are making from us, dont worry, if they say they are gonna show and fight you wont be on your own, but i cant see them doing it

:madgrin:

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Im sooooooooooo keeping my fingers crossed and hoping they bugger up in some way, but the way my lucks goes i'll end up in front of that horrible judge!!!! :o

 

so, do i just sit and wait til i get a court date with directions now (aswell as ringing the court on the 14th)??

 

 

xxxxxxxxx

bonnie

 

ps............thank u guys, big time!!!

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A question tho:

What if Abbey say they ARE going to contest it and DO turn up????

 

if that happens bonnie.....................then all the Angels will turn up at court to support you.............:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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