Hi everyone!!

[WendyB]

Re: Hi everyone!!

Hi Shepherdess, yes it was a CPR 31.14 letter, to which they have only just replied. In the meantime, however, Rees had already put in his defence to Court. He has mentioned the CPR etc in his defence. You'd need to read the whole thread to get the story, as this is to defend a CCJ that had previously been set aside, then Carter brought it up again and didn't provide any more info than they had the first time.

I'd be grateful if you would cast an eye over the thread, and see what you think.

Thanks.

[Shepherdess]

Re: Hi everyone!!

Hi Wendy,
Just had another read through...so an embarrassed defence has already gone in.
It's all a bit of a shambles, with BC as usual rewriting the law books :tinysmile_grin_t:
I'm no expert..was just trying to help. I've asked the site team if it would be better in legal issues.
Maybe pt2537 will look in?

[WendyB]

Re: Hi everyone!!

I would imagine BC will shortly crawl back under his stone again to read up on his Ladybird Book if Law

[rees1970]

Re: Hi everyone!!

Thank you all so much for your help, I'm totally out of my depth.

Shepherdess, the paragraph you mentioned was included in the Cpr I sent, so I can see how he's trying to pull a fast one on this, just have no idea what to do about it!

Wendy, thank you as always. Oh and I'm a she, not a he lol x

[WendyB]

Re: Hi everyone!!

Thank you all so much for your help, I'm totally out of my depth.
You're not on your own there Rees, so am I!
Shepherdess, the paragraph you mentioned was included in the Cpr I sent, so I can see how he's trying to pull a fast one on this, just have no idea what to do about it!
I don't think there is anything you need to do about it, as you've already sent in your defence, and their reply crossed in the post, so to speak, but others might advise better.

Wendy, thank you as always. Oh and I'm a she, not a he lol x Well tbh I thought you were in the first place, but this keyboard is crap

[Angry Cat]

Re: Hi everyone!!

Hi all, just a bit of an update!
I've received a letter today from Carter, dated 10th May,
I'm also concerned that by the date on the letter, they wrote back within the time given, but I only received it today. No date on the envelope though as it just has a stamp on!

What kind of stamp?
a postage stamp;
a franking mark or,
a second class/ third class contract mail stamp?

[CleverClogs]

Re: Hi everyone!!

A Green Shield stamp?

[rees1970]

Re: Hi everyone!!

Hi Angry Cat. It's just a normal 1st class postage stamp. It hasn't been postmarked, so no date on the envelope to prove date sent.

[charitynjw]

Re: Hi everyone!!

Would this not be a suitable instance for a complaint to the SRA under rule 10?

http://www.sra.org.uk/solicitors/cod...ct/rule10.page

[rees1970]

Re: Hi everyone!!

Anyone know how long it normally takes to hear from the court, after submitting a defence?

[rees1970]

Re: Hi everyone!!

Just received my allocation questionnaire through the post, last date for filing is 6.6.11.

Also included in another envelope was a copy of the original set aside letter, with a few bits added to it in red writing, not sure what it means.

Under the title, (General Form of Judgment of Order), they have now written - Amended order under C.P.R. 40-12.
In the letter where it says - IT IS ORDERED THAT, the next part has been underlined in red, - The judgement against xxxxxxxx dated xxxxxx be and is hereby set aside.
and the original date of the letter has yesterday's date written in red underneath.

Heeeeeeeeeeeeeeelp!!!

[rees1970]

Re: Hi everyone!!

Ok so I've worked out what the Amended order under CPR 40-12 means (I can be so dumb sometimes I amaze myself lol)

So any advice on the Allocation Questionaire? Is it really as straightforward as it seems?

Couple of things I'm unsure of though. Do I agree to mediation? I would imagine not. On the 'any other info' section, do I mention the letter received by carter last week (including a copy) stating that I've agreed to a track, when I clearly haven't as stated in the CPR letter I sent him.

[rees1970]

Re: Hi everyone!!

Bump!

[CleverClogs]

Re: Hi everyone!!

Couple of things I'm unsure of though. Do I agree to mediation? I would imagine not.

Why not agree to mediation, even if you do not owe the money? It might help to reduce the claimant's costs and Barmpot Carter would still have to produce the same evidence that he/they have so far refused to do.

[rees1970]

Re: Hi everyone!!

so what about the 'other info' section