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Claim Form for over £16,000 - PLEASE can someone help/assist

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  • #31

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    • #32

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      • #33

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        • #34
          Originally posted by atticus View Post
          Giving a good reason helps.

          The documents uploaded are incomplete. I have looked again.
          I left a downloadable link with it all in order - not sure why it's not working. Either way, just posted 6 at a time here. Hope this helps.

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          • #35
            You really don't make it easy! I have attempted to work out which page goes where in the sequence of things, and think I have made out which are the 3 pages of the guarantee, including the page nor previously provided.

            Does the credit agreement with your company bear a date?

            Have you written to ask how exactly they say you signed the guarantee?
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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            • #36
              I have prepped my extension & am ready to send via email.

              I called Solaris law ltd to get there email address as it's no where to be seen on the claim form. That's now sorted.

              The problem I now have is which email do I use to copy the court in? Again, nothing in the claim pack. When searching online I have no idea if I would be emailing the correct department.

              Which email do I use to copy the court in with my request? Thank you.

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              • #37
                Originally posted by atticus View Post
                You really don't make it easy! I have attempted to work out which page goes where in the sequence of things, and think I have made out which are the 3 pages of the guarantee, including the page nor previously provided.

                Does the credit agreement with your company bear a date?

                Have you written to ask how exactly they say you signed the guarantee?
                Sorry, I did have it all ordered in the original download. Unsure why no one can access it. I will put the 3 pages of guarantee with this post for you.

                Yes the agreement bears a date & I am guessing it's around this period.

                Have not asked how they say I signed it, but according to the contract terms I'm pretty certain they will say nothing different than the terms presented to me. That being, it was done electronically meaning "a click on the "submit" button will have the same effect as if you signed it." If that's the case, is this legal?

                Do we have anything overall or am I truly efffd here?

                Which email do I use to copy the court in with my extension request? Thank you.
                Attached Files

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                • #38
                  Originally posted by Lloyd323 View Post
                  Yes the agreement bears a date & I am guessing it's around this period.
                  Any chance of sharing the precise date? It may matter, you know.
                  Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                  Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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                  • #39
                    Does this help?

                    https://www.find-court-tribunal.serv...ss-centre-cnbc
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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                    • #40
                      According to the Law Commission and Law Society a typed name can constitute an electronic signature. The claimant may have to show that the defendant intended to enter a contract

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                      • #41
                        Yes, there have been numerous decided cases to that effect. But it would be useful to know what the claimant says, as distinct from what another poster guesses. Bear in mind that the claimant acquired its interest by assignment and is not immediately privy to the detail.
                        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                        Comment


                        • #42
                          Originally posted by Pezza54 View Post
                          The claimant may have to show that the defendant intended to enter a contract
                          Does this mean we are onto something?

                          Originally posted by atticus View Post
                          Yes, there have been numerous decided cases to that effect. But it would be useful to know what the claimant says, as distinct from what another poster guesses. Bear in mind that the claimant acquired its interest by assignment and is not immediately privy to the detail.
                          Again, does this mean we have something to work off of?!

                          Thank you for the email suggestion, I have sent the request for 28 extension.

                          All dates on agreement & the so called guarantee are dated 12/04/2022

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                          • #43
                            Ask the question (whether and how the documents were signed). When you get answers, we can consider whether they give you anything to work with.
                            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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                            • #44
                              Originally posted by atticus View Post
                              Ask the question (whether and how the documents were signed). When you get answers, we can consider whether they give you anything to work with.
                              No problem, will do. Is there a certain way to word it or simply ask (whether and how the documents were signed)? Also do I send it letter format or email? Bearing in mind this is the last working week before they request judgement in default. That is as it stands without an extension, unless I hear any different today.

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                              • #45
                                Simply ask. Always put it in writing: 21st century communication methods are acceptable.
                                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                                Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                                Comment

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