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We have a case regarding Mortgage charges, it was issused in small claims and after an allocation hearing forwarded to the mercantile court, we were given directions at allocation.


Our local court, sent the case the the London County Court and after finding this out we contacted them and they assusred us the case would be transferred from them to the mercantile.


This was at the beginning of May.


Having completed our court bundle and sending to both the court and the defendant, we had received nothing from the defendant and decided to contact the mercantile to ensure all was proceeding normally and ask for a copy of the judges orders as we never received a formal copy from the court.


It transpires that the case was transferred to the London County Court but they have infact lost all the paperwork relating to the case. Mercantile have tried to get us a copy of the judges order/directions as all the courts claim they cannot find them.


Today the mercantile have contacted us to advise us that the court system has lost all the case paperwork and they have contacted the defendants and asked for copies of all the paperwork they hold relating to the case (the defendants were issued formal directions).


Is this normal and how will affect prejuidice our case? I believed that the defendants were in default for not sending out the information as directed or even sending us a defence, surely now though they are free to claim that a defence had been submitted and obviously lost by the court.


I may be worrying unnessacarily but searched the boards and have been unable to find any case like this anywhere.


Your advice on this matter would be greatly appricated as to how I proceed now, as I am at a loss as to the wisdom of approaching the defendant to provide the documents in a case in against them.


Many Thanks



I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.


HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06


HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06


HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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