Advice please - court claim received

[Celestine]

Re: Advice please - court claim received

Great advice from M1. Sounds like a fair and sensible compromise.

Where possible, save for confidentiality, please keep drafts displayed on thread once you're happy with them.
We had a recent thread where lots of drafts and advice got shared by PM and after the assisting poster was unavailable, it became tricky to difficult to help because information was missing.

[Celestine]

Re: Advice please - court claim received

Without knowing your detailed personal circumstances, it is impossible to help you regarding the way forward now. If you could expand on these, then we can help you further. I would still suggest strongly that you pm me with an email address so we can sort out a decent Income and Expenditure with you. However, as this would have to be done via private message / email, I'd prefer it if one of the Site Team could confirm on this thread that it is all right for you to deal with me in this way just over the I&E. More general details of your finances can be posted in public then, without you having to bear your soul to the whole world.

Absolutely fine with me so long as the thread is kept updated with relevant progress xxx An I&E could be highly useful to assist in tackling overall indebtedness aside from this current issue.

[labman]

Re: Advice please - court claim received

May be little point now, but if the OP wants to make contact, that is fine.

Thanks for posting Cel - didn't want to do anything by pm following recent events without prior approval. Things have moved on since this morning though, and it appears the OP may have found a solution with which they're happy.

[flinko]

Re: Advice please - court claim received

Hi Labman, send me what you have in the meantime as this may not still come to fruition.

You have my email from PM

Celestine - I will post what I have sent on Thursday once the deadline has past, im a little concerned that the claimants/solicitors can view here and deduct who I am and 2nd guess what is happening but basically I have send what M1 has suggested above. Is that ok or do you think that its ok to post regardless?

[labman]

Re: Advice please - court claim received

Hi Flinco,

I'll wait thank you. If you feel this isn't going to work, then by all means feel free to come to me. What I could offer would not be something you would be wanting to run alongside this.

[mystery1]

Re: Advice please - court claim received

Claimant has agreed to new defence date and filing a consent order but not the costs of the application.

Decision needs to be made. Accept it and write off the £80 cost of the application or stand by the principle that they didn't comply with the rules and should pay which may incur more costs if you lose.

http://www.legalbeagles.info/forums/...756#post307756


I'd go with b and stick to my guns that they should pay butsometimes accepting a is the right thing to do as it limits your costs and keeps you out of the court room for now.

Choice is yours.

M1

[flinko]

Re: Advice please - court claim received

Claimant has agreed to new defence date and filing a consent order but not the costs of the application.

Decision needs to be made. Accept it and write off the £80 cost of the application or stand by the principle that they didn't comply with the rules and should pay which may incur more costs if you lose.

http://www.legalbeagles.info/forums/...756#post307756


I'd go with b and stick to my guns that they should pay butsometimes accepting a is the right thing to do as it limits your costs and keeps you out of the court room for now.

Choice is yours.

M1

Thanks for the link, hadn't noticed that thread before.

It's a tricky one as I cannot really afford much further cost but also don't want to appear to have weakened in my stance (if that is the case)

Who has to pay for the consent order in this case? me or the claimant as it wasn't clear to me from the draft order

As much as I would like to follow through as I believe my application IS successful (now they have fulfilled my request) I think the lowest risk choice would be A - to accept it, maybe with some proviso/clause that I still do not agree in their assessment that my application has not been successful? (if that would do any good anyway!)

[mystery1]

Re: Advice please - court claim received

As i read it they were submitting it so they pay.

M1

[flinko]

Re: Advice please - court claim received

Ok, so if I go ahead and agree - I have until the stated date (28 days) to submit an amended defence right or withdraw completely right?

Since most of my defence/skeleton argument is already based around the non-service of the notice of assignment should I then, in the meantime, seek their proof of delivery of said notice as laid out in Section 136 of the Law of Property Act 1925?

[mystery1]

Re: Advice please - court claim received

Yes and yes.

Cpr 18 request for the info.

M1

[flinko]

Re: Advice please - court claim received

As far as Part 18 request - Will this single request suffice or is there anything else you can think of?

1. In relation to the Notice of Assignment provided by the claimant, I request proof of service of the said Notice pursuant to S196 Law of Property Act 1925.

Also, how long should I give for the proof? 14 days, or until the date of the hearing?

[mystery1]

Re: Advice please - court claim received

http://www.consumeractiongroup.co.uk...-Viewing)-nbsp


I would ask something along the lines of

When was the notice of assignment posted ?

How was the notice of assignment posted ?

What was the tracking number of the letter containing the notice of assignment ?

When was the notice of assignment received by the defendant ?


Same for the default notice.

M1

[flinko]

Re: Advice please - court claim received

When was the notice of assignment received by the defendant ?

does this last question not insinuate that I admit receiving it but want to know the date? Isn't the questioning more along "Who received it" rather than "When did I receive it"?

Also, I thought only the NoA has to be registered/hand delivered though reading that section 196? Not the default and termination notices, or do you believe they also should?

[mystery1]

Re: Advice please - court claim received

My thinking is that you deny having received it iirc so they can't really answer with a date but can admit they don't know which let's you and the court know it either wasn't registered or they can't prove it was.

If you were admitting getting it you wouldn't need to ask when you got it

M1

[flinko]

Re: Advice please - court claim received

ok thanks.