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How to proceed Day 27?

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  • #16
    Originally posted by MIKE770 View Post
    wait to see
    Hmm rang them to arrange monthly payment but they wanted either payment in full or through a tomlin order

    She said something about my defense potentially being struck out etc ....

    Comment


    • #17
      Your defence looks fine although you don't appear to mention a CCA request? certainly nothing in it to warrant being struck out. Ahhh could be your acknowledgement of service was late - the claim was issued on the 18th April - so last date to acknowledge should have been 5th May, and you didn't file that until the 14th May ? So they may have asked for default judgment between the 5th and 14th and hope to get your defence struck for that reason - seems unlikely as it's a month later and you had filed your defence on time. The other issue is that you didn't send any of the requests until a couple days before you filed your defence (on the 15th ) so they hadn't had time to receive and respond before the defence deadline, but again, it's a month later and those arguments are now perfectly valid and true as they haven't sent any of the documents still (presumably). So yes, as Mike says, wait and see what occurs.

      If you didn't send a CCA request then do so now. Then you can add it to your defense later if necessary.

      A tomlin order is the normal way to arrange a settlement by instalments without having a CCJ awarded against you. Did they give any figures on that or explain what one was at all? Have all your discussions about settling been made without prejudice ( have you made clear you are only trying to negotiate settlement because you want to avoid the court going to a judgment rather than making an admission of owing the debt? )
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

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      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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