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Court claim received

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  • Re: Court claim received

    Court date now issued, so at last I have received a date for this SB case, this is set for March 2016. It's at my local court, is it important I attend & what is my role, do I simply sit there and stick to my SB claim, I presume the other party has all the donkey work to do, any advice please?

    Comment


    • Re: Court claim received

      This has been a very interesting read Cart my view here is you have a strong case as no proof of it not being SB then the judge has to call in your favour...

      Comment


      • Re: Court claim received

        Originally posted by carts69 View Post
        Court date now issued, so at last I have received a date for this SB case, this is set for March 2016. It's at my local court, is it important I attend & what is my role, do I simply sit there and stick to my SB claim, I presume the other party has all the donkey work to do, any advice please?
        Hello Carts,
        Yes the onus of proof in this case falls entirely upon the claimant.
        You will have to produce a witness statement and evidence at least 14 days before the hearing and the claimant
        has to do the same so will have disclose their evidence too.

        nem.:santa_wink:

        Comment


        • Re: Court claim received

          Thanks Stu 82 & Nem, hey Nem.....not sure what you mean re witness statement & evidence, I have no evidence to back this SB up, regarding the witness statement...what's that all about, I'm simply going to court, empty handed with very little to say! Am I missing something here?

          Comment


          • Re: Court claim received

            Nem.. Can you clarify please?

            Comment


            • Re: Court claim received

              Originally posted by carts69 View Post
              Thanks Stu 82 & Nem, hey Nem.....not sure what you mean re witness statement & evidence, I have no evidence to back this SB up, regarding the witness statement...what's that all about, I'm simply going to court, empty handed with very little to say! Am I missing something here?
              All documents that each party intends to rely on in court have to be disclosed at least 14 days before the trial date, the witness statement is your " story " of the event leading to the claim coming before the court, + mentioning ( justifying and supporting document are listed next to the " event" in the WS.

              nem

              Comment


              • Re: Court claim received

                Ok Nem, so as I have no paperwork and nothing but my word... This is all I can go equipped with, correct? Or do I have to write a simple statement regarding when I would have made the last payment, I'm not sure on any of this, certainly want to get things right before the case!

                Comment


                • Re: Court claim received

                  Anyone?

                  Comment


                  • Re: Court claim received

                    [MENTION=55034]nemesis45[/MENTION] xx
                    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                    It doesn't matter where your journey begins, so long as you begin it...

                    recte agens confido

                    ~~~~~

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

                    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                    But please include a link to your thread so I know who you are.

                    Specialist advice can be sought via our sister site JustBeagle

                    Comment


                    • Re: Court claim received

                      Originally posted by carts69 View Post
                      Ok Nem, so as I have no paperwork and nothing but my word... This is all I can go equipped with, correct? Or do I have to write a simple statement regarding when I would have made the last payment, I'm not sure on any of this, certainly want to get things right before the case!
                      You need to have a witness statement documents or no.
                      This is for example like a statement you would make to the county mounties about a traffic incident.

                      I will try to put something together for you as soon as I can life is somewhat hectic at present.

                      nem

                      - - - Updated - - -

                      Originally posted by Kati View Post
                      Recd. and replied@Kati xx

                      Comment


                      • Re: Court claim received

                        Ok, thank you, I know it's not until March but as soon as you can put something together, it will be greatly received! Thanks again Nem.

                        Comment


                        • Re: Court claim received

                          Originally posted by carts69 View Post
                          Ok, thank you, I know it's not until March but as soon as you can put something together, it will be greatly received! Thanks again Nem.
                          Got it Flagged Carts.

                          nem

                          Comment


                          • Re: Court claim received

                            Originally posted by nemesis45 View Post
                            Got it Flagged Carts.

                            nem
                            Hi Carts, still no documents provided? No CCA?

                            nem

                            Comment


                            • Re: Court claim received

                              Nem... All I have received was a signed agreement & notice of assignment from BC, received in September, nothing else! No details on payments.

                              Comment


                              • Re: Court claim received

                                Originally posted by carts69 View Post
                                Nem... All I have received was a signed agreement & notice of assignment from BC, received in September, nothing else! No details on payments.
                                Do we have a copy of said agreement Carts (save me searching 130 + posts).

                                nem

                                Comment

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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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                                If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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