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Proof of identity

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  • Re: Proof of identity

    From a quick skim-read, it would appear that you submitted a defence mid-July.

    If you have heard/received nothing, perhaps you should phone the court to get a status update.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

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    • Re: Proof of identity

      Originally posted by charitynjw View Post
      From a quick skim-read, it would appear that you submitted a defence mid-July.

      If you have heard/received nothing, perhaps you should phone the court to get a status update.

      Yes submitted my defense on the 12th Of July. Heard nothing back until this week when I received a Notice of Proposed allocation to the small claims track along with a directions questionnaire. I also received a copy of the DQ from Lowells.
      I have filled mine out today and sent a copy to the court and one to Lowells .

      Comment


      • Re: Proof of identity

        Interesting.

        We normally find that, once a defence is filed, the court directs the Claimant to reply within 28 days. (It's not an automatic requirement via CPR, but if the court so directs, it must be complied with).

        Hopefully, given the previous strike-out, the court want to give them a slap for abuse of process. :fish:

        If it were me I'd phone the court to see if there is any more/better info.
        CAVEAT LECTOR

        This is only my opinion - "
        Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • Re: Proof of identity

          Received the mediation email today. I cannot answer YES to all three questions as on the second one is asking me if I have enough information to enter the mediation process. As the have not provided a copy of the agreement or a copy of the T's &C's I ticked that question NO. Thant means that mediation cannot take place and it will go to court?.
          I will be waiting for the mediation team to phone me and see what they're saying .
          Will keep you updated.

          Comment


          • Re: Proof of identity

            unsuitable for mediation they will state? no doubt once you say No

            Comment


            • Re: Proof of identity

              Received the call from the mediation service today, the case will be transferred to court and will receive a letter soon.
              What do I need to do now? try to build a strong defense with dates , facts etc ? never been to court in my life

              Comment


              • Re: Proof of identity

                follow court instruction regarding next move = always

                Comment


                • Re: Proof of identity

                  Originally posted by icrina53 View Post
                  Received the call from the mediation service today, the case will be transferred to court and will receive a letter soon.
                  What do I need to do now? try to build a strong defense with dates , facts etc ? never been to court in my life

                  If it came to it = not like what you see on the TV, but a chamber where the only people in it would be you & Representative if you used one, the DJ and any representative of claimant if they bother to use one

                  Comment


                  • Re: Proof of identity

                    Hello all,

                    Just a quick update: After the claim was decided not be suitable for mediation, I have received a letter from that court that orders the Claimant to serve a reply by the 26th of this month so that the Court can better understands the merits of the defence.
                    Does anyone knows what that is suppose to mean? is it good or bad news?

                    Thank you ,

                    Comment


                    • Re: Proof of identity

                      [QUOTE=icrina53;684583]Hello all,

                      Just a quick update: After the claim was decided not be suitable for mediation, I have received a letter from that court that orders the Claimant to serve a reply by the 26th of this month so that the Court can better understands the merits of the defence.
                      Does anyone knows what that is suppose to mean? is it good or bad news?

                      It means one of the judges has taken a close look at what you have said and the particulars of the claim it's hard to predict what part of the defence he/she is looking at, but not bad news IMO.

                      nem
                      The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

                      Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

                      If you receive messages from anyone offering advice for a fee please report it to the site team.


                      Animo et fide.

                      Comment


                      • Re: Proof of identity

                        [QUOTE=nemesis45;684599]
                        Originally posted by icrina53 View Post
                        Hello all,

                        Just a quick update: After the claim was decided not be suitable for mediation, I have received a letter from that court that orders the Claimant to serve a reply by the 26th of this month so that the Court can better understands the merits of the defence.
                        Does anyone knows what that is suppose to mean? is it good or bad news?

                        It means one of the judges has taken a close look at what you have said and the particulars of the claim it's hard to predict what part of the defence he/she is looking at, but not bad news IMO.

                        nem
                        It looks like the new year is not doing me any favors , they have submitted a defense now and included the same paperwork as they sent me plus some statements, I will upload their defence tomorrow but think is the end of the road now😥

                        Comment


                        • Re: Proof of identity

                          [QUOTE=icrina53;700237]
                          Originally posted by nemesis45 View Post

                          It looks like the new year is not doing me any favors , they have submitted a defense now and included the same paperwork as they sent me plus some statements, I will upload their defence tomorrow but think is the end of the road now
                          Hello Icrina,

                          Is this their witness statement you have received? Have you filed a witness statement and sent a copy to the claimant and the court?

                          nem
                          The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

                          Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

                          If you receive messages from anyone offering advice for a fee please report it to the site team.


                          Animo et fide.

                          Comment


                          • Re: Proof of identity

                            [QUOTE=nemesis45;700243]
                            Originally posted by icrina53 View Post
                            Hello Icrina,

                            Is this their witness statement you have received? Have you filed a witness statement and sent a copy to the claimant and the court?

                            nem
                            Hello,
                            After the claim was not suitable for mediation it was transffered to my local court. The judge allowed the claimant 56 days to respond to my defence, today I received their response to my defence. In this response they have included some statements and they ask the court to to strike out my defence
                            Also they saying that the credit card was raken out on the 17th oct 2009 but the transactions they included start on 10 nov 2010 ?

                            Comment


                            • Re: Proof of identity

                              [QUOTE=icrina53;700246]
                              Originally posted by nemesis45 View Post

                              Hello,
                              After the claim was not suitable for mediation it was transffered to my local court. The judge allowed the claimant 56 days to respond to my defence, today I received their response to my defence. In this response they have included some statements and they ask the court to to strike out my defence .
                              Just statements?
                              No Credit agreement?
                              nem
                              The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

                              Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

                              If you receive messages from anyone offering advice for a fee please report it to the site team.


                              Animo et fide.

                              Comment


                              • Re: Proof of identity

                                [QUOTE=nemesis45;700247]
                                Originally posted by icrina53 View Post

                                Just statements?
                                No Credit agreement?
                                nem
                                Is a list of transactions the first one being dated nov 2010 , the credit card was taken out oct 2009

                                Comment

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