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HAK V Sainsburys Bank*Court claim issued**WON**BALANCE WRITTEN OFF


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Ive just been reading through my home insurance and I took out optinal legal cover.

 

I have just called them and they have said they might be a slim chance this would be covered.

 

Has anybody ever heard this in this site??

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Well why not go for it , it may help you if it comes to a court hearing(which i doubt), some moral support if nothing else.

If you do, let us know the details.... cant wait

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hi CCM

 

It is dated JUly 11th so it need to be there by next Monday.

 

I will send it special delivery on Wednesday just in case

 

HAK

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Hi Hak, just wishing you the best of luck, your defence looks fine. Funnily enough got letter Friday and bearing in mind we are at about the same stage thought it would be from Sainsburys but surprise surprise it was MBNA despite my complaint being dealt with by FOS:mad: Anyways thought I'd hopefully make you chuckle, Sainsburys having said they would refer back to BOS so that I could resume paying (not) have passed it to Westcot who sent me a copy of the Card Request plus current T & C's, addressed the letter to my OH and said I had to deal (on one of their garishly stripey debt notification things) by 26th June, despite arriving in envelope postmarked 25th July! Have replied in the vein I'd have to be a time traveller, they are now dealing with my complaint!!!:lol:

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Got a letter from the Courts saying we have recieved your defence blabla.

 

No mention of the CPR request not been adeared to??

 

Whats going ion!!

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Hi HAK

 

Standard automated response to defence submission 28days etc.. every defence gets one.With regards to your comments re CPR once your defence has been submitted it it passed to the claimant for their perusal and instructions to continue said claim.Courts dont get involved until it reaches the point of your AQ submission.If the claimant fails to respond then the claim goes to stay.If the claimant fails to submit their AQ then you get the claim struck out.So noncomplience at this stage is not an issue.

 

Just to clarify the proceedure and trust the above is of help

 

Regards

 

Andy

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HAK, as andy says no one at the court would have even read your defence, and certainly wont know of your CPR request, at this stage, so dont worry everything is normal.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Cant believe this!!!

 

Got a letter of the Court yesterday saying "We have misplaced your defence and please can you send us another on to us by 29th August or the Claimant may obtain a judgement"

 

So I have got to mess around repriniting the defence, Q at the post Office & Pay £4.60 to resend something they have lost.

 

Not happy!!

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Eh? Can`t you get a stay on this, so the Court finds you defense?

 

How the hell can they say we have lost your defense, so you`ll have to send another one or you`ll lose? That`s just stupid.

 

Let them give the Bank a judgement, then put a claim into the Court for the full whack, as they have admitted they lost your paper work.

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Got a letter from the Courts today regarding my complaint.

 

They say they will have a response within 5 days.

 

i want hold my breath!!

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Just got the final letter from the Courts about my complaint.

 

Basically saying we are sorry it is lost and we are given you £6 towards your Postage.

 

I rang the ICO office today and they think they may have broken the Data PA.

 

Will wait untill the case has been transfered to my local court then hit them hard!!!

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  • 2 weeks later...

Well I it will be 28 days tommorow from the 1st letter from the Courts saying they have sent the defence but got a letter a week later saying they have lost it.

 

Thing is can I hold them to the first letter, as if this is the case it is last day tommoorw.

 

HAK

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Suggest you write or fax the court explaining the situation, ask if you can re-submit the defence, its not your fault they lost it, they obviously know you submitted it,. you must do something to avoid a default judgement.

Sorry i havent been through your thread again but no-one looks at anything at northampton its all automated, so you cant take any chances.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hi ccm

 

I sent my other defence in on the 20th of August.

 

The thing is I have a letter dated 7th August saying they have sent the defence off to the other party and they have 28 days!!!

 

So I am thinking I may be able to use this letter for a throw out...

 

Any ideas

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Sorry i might be losing the plot, the way it works is,they issue a claim, you acknowledge service, you submit a defence, they have 28 days to file an Allocation Questionnaire.

So where does your second defence come in to this, or am i missing something?

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hi CCM

 

When I filled my defence in the first place I got a letter back from the Court saying , "they have passed it to the Creditor and they have 28 days to respond". This was on the 7th August.

A week later I got a letter from the Courts saying they have lost my defence and I have to re submit it.

 

I resubmitted my defence on the 20th August.

 

Basically I still have the letter saying they submitted my defence on the 7th of August.

 

Maybe the Court copy has just gone missing and not the claimants. There for as from tommorow the claimants time is up and it should be stayed.

 

Do you have to contact the court to tell them this or is it done automatically.

Also can you call the bulk cente court?

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