Robby7307 Personal Guarantee Claim

[Amethyst]

Oh also, on the negotiation front, what you'll want to do if you can't pay the full sum plus court fee etc in a lump sum, is to negotiate installment payments with the Claimant under what is known as a Tomlin Order - this will mean the case is put on hold ( and no CCJ entered ) whilst you make the payments - but if you default on the agreed payments they would be entitled to proceed with the court case and obtain a Judgment. There is some info and examples here https://legalbeagles.info/forums/for...-credit-claims

[robby7307]

AMAETHYST YOU ARE A STAR

There is not a box for Mediation

what do you put in numbers 2 and 4 by and on

The forms have to be in on friday

THANK YOU So much for your help on this

[Amethyst]

Ahh sorry, it says Settlement on the N181 ...

2018-11-21 11_36_16-Start.png

[Amethyst]

2 and 4 you can leave just the lines or put something like 4pm on xxxxx date xxxxxx ( 14 days apart ) but it is better to leave blank so the court can do dates that suit when they decide on the directions.



2: Disclosure of Documents will be dealt with as follows
a) By _______________ on ___________________ both parties must give each other standard disclosure of documents lists
b) By ______________ on ____________________ any request to inspect the original of, or to provide a copy of, a disclosable document must be made.
c) Any such request, unless objected to, must be complied with within 14 days of the request.



4. Evidence of fact will be dealt with as follows;
a) By ________ on ______________ both parties must serve on each other copies of the signed statements of themselves along with any evidence on which they intend to rely.

[robby7307]

The claim is at the county court business centre there is not a juudge name

Thank you so much for your help

[Amethyst]

No, as you don't have a Judge name yet, as you are pre-allocation. It is find to leave blank lines for the allocated court/judge to complete.

[Amethyst]

Yip just leave the blanks blank. This is a law firms draft directions.... they use < + 1 month > instead of lines, but just blank lines are fine.
draftdirections.jpg

[robby7307]

Thank you you have been very kind

[Amethyst]

Not a problem. I am worried for you though as this isn't a small amount of money and fast track cases can quickly go out of control costs wise.

How are you planning on getting this paid up - are you expecting a payment in that you are trying to stall for ?

[robby7307]

Expecting payments so just need to stall hope it works ! also at you say they might not have the paper work Amethyst thank you so very much for your kind help

[Amethyst]

What I would do is write to the Claimant and request a copy of the document pursuant to CPR 31.14. There is an example here but it will need amending as obviously you're further along the line than is usual for using this letter. It can be used to ask for copies of documents mentioned in the statement of case ( their particulars of claim ). CPR 31.14 Request

If this is their entire particulars then you want to ask for a copy of the 'account application document'.

claim relates to a personal guarantee provided by the in the defendants in the claimants account aplication document final paragraph and signed by the defendant on the 22nd March 2015

[robby7307]

1 final question do i send a copy of the Draft Direction to the claimant

[Amethyst]

Yes, copy of the completed N181 and Draft Directions to the Claimant. Just put a brief cover letter with it;



Your address
your address
your address

21st November 2018

Their address
theire address
their address

Dear Sirs,

Claimant v Defendant - Claim XXXXXXX

Please find enclosed by way of service a copy of the completed Directions Questionnaire N181 and Draft Directions with regards the above Claim. The original has been filed with the Northampton County Court Business Centre.

Yours sincerely

xxxxxx
Defendant

[robby7307]

Thankyou