CLAIM STRUCK OUT !!!! Need help with a court claim please

[mystery1]

Re: Need help with a court claim please

yep i have names but unfortunately only first names as they would not give their surnames apparently due to data protection and confidentiality.

Put them in.

As for the excuses :loco::nono:

[Gorang]

Re: Need help with a court claim please

IMHO
they only withhold their last name as they know they are telling some porkies and think that they can't be identified

BUT that is only MY thoughts so I could be wrong

[mysticphoenix666]

Re: Need help with a court claim please

okay here are the bits with the names will it do?

4. I contacted the Claimant by telephone on 21^st November (I spoke to a representative named Monica who is apparently my claims handler) to enquire why they had not complied with my requests under CPR 31.14 and request their agreement to a time extension under CPR 15.5; I have attached their email confirmation of the contents of this telephone call (Exhibit 2).


5. I contacted the Claimant again by telephone on the 22^nd November (Again speaking to Monica) requesting a specific date for my extension under CPR 15.5 as their previous email was not sufficient, I have attached their email confirmation of the contents of this telephone call which confirms they do not have the documents (Exhibit 3). I then wondered how Sarah Lambert could sign a statement of truth on the particulars of claim, clearly without sight of the documents including the agreement, with an honest belief in their truth.


6. I contacted the Claimant again by telephone on the 25^th November (This time I spoke to the Legal Department Team Leader Micheal) I have attached their email confirmation of the contents of this telephone call now agreeing to a specific extension date (Exhibit 4).

[mystery1]

Re: Need help with a court claim please

Looks good to me.

M1

[mysticphoenix666]

Re: Need help with a court claim please

Okay thanks for all your help i just have two more questions before i print these out and send them.

firstly do i sign these with a digital signature as they are going to Claimant as well as the court and i wouldn't want them lifting my real signature?

and can i send the request for remittance from fees with the n244 in the same envelope?

[MIKE770]

Re: Need help with a court claim please

Okay thanks for all your help i just have two more questions before i print these out and send them.

firstly do i sign these with a digital signature as they are going to Claimant as well as the court and i wouldn't want them lifting my real signature?

and can i send the request for remittance from fees with the n244 in the same envelope?

If you stated lifting signatures in court you will be shot down by the judge, unless of course you had real evidence! the courts will insist on real signature to court papers, so you have got to be careful not to put the back up of the judge etc.

[mystery1]

Re: Need help with a court claim please

It's a court document. Sign it properly.

Yes.

[mysticphoenix666]

Re: Need help with a court claim please

okay thanks, i thought as much but just wanted to check as everything that i sent to MKDP i was told not to sign incase they lifted it to put on doc's they made up.

do i need to sign the draft order for directions too?

[Gorang]

Re: Need help with a court claim please

i was told not to sign incase they lifted it to put on doc's they made up.

SAR's yes sign them with computer font but NOT court documents

Can I ask who told you not to sign a court doc with your normal sig???

[mysticphoenix666]

Re: Need help with a court claim please

Sorry Gorang think you misunderstood my post, no one told me not to sign court docs. I was just checking as the CPR and CCA were not signed.

On another note I received an email around an hour ago with two docs attached, apparently one is the credit agreement although there is only one page with my signature on and a copy of page with a few bank transactions.

I will post these up when I get home as I am not at my computer.

Was interesting to receive this when I was told yesterday they did not have the docs, I will also post up the email.

[mysticphoenix666]

Re: Need help with a court claim please

Could someone please post how I attach docs to my messages for when I get home please.

[Amethyst]

Re: Need help with a court claim please

http://www.legalbeagles.info/forums/...r-details-safe!)

[mystery1]

Re: Need help with a court claim please

https://www.youtube.com/watch?v=BjnPAhAdxZQ

M1

[mysticphoenix666]

Re: Need help with a court claim please

okay below is a copy of the email i have received today:

Please note that it states "having provided me with a copy of Notice of Assignment" they have not provided it. the only things they have provided are the 2 files that they sent today. There is also no name on the email as to who within the Legal Department sent it.


We write with reference to your conversation with this office on 4 December 2013 and attach a copy of the loan agreement and statements. Having provided you with a copy of the Notice of Assignment we will provide you with a copy of the Default Notice in due course. We confirm that having extended the time limit for you to file your defence to 28 December 2013 we will not consent to being bound by unless Order.

Yours sincerely

Legal Department
MKDP LLP




Okay so the loan agreement looks okay but it will take me a bit of time to put it up as there are 9 pages and i have to take my details off.

But i believe the icing on the cake is the 2nd document that they have sent which is the transactions for the account. It appears to have all the transactions from the start of the loan, the icing bit is the date of the last payment that i made on the account which is listed as the 13th November 2007.

Would this mean it could be statute barred now?

[mystery1]

Re: Need help with a court claim please

okay below is a copy of the email i have received today:

Please note that it states "having provided me with a copy of Notice of Assignment" they have not provided it. the only things they have provided are the 2 files that they sent today. There is also no name on the email as to who within the Legal Department sent it.


We write with reference to your conversation with this office on 4 December 2013 and attach a copy of the loan agreement and statements. Having provided you with a copy of the Notice of Assignment we will provide you with a copy of the Default Notice in due course. We confirm that having extended the time limit for you to file your defence to 28 December 2013 we will not consent to being bound by unless Order.

Yours sincerely

Legal Department
MKDP LLP




Okay so the loan agreement looks okay but it will take me a bit of time to put it up as there are 9 pages and i have to take my details off.

But i believe the icing on the cake is the 2nd document that they have sent which is the transactions for the account. It appears to have all the transactions from the start of the loan, the icing bit is the date of the last payment that i made on the account which is listed as the 13th November 2007.

Would this mean it could be statute barred now?

I doubt it since you posted the particulars of claim at the beginning of November.

M1