OC solicitors striking out defence

[Nibbler]

Re: OC solicitors striking out defence

Is this your thread? http://www.getoutofdebtfree.org/foru...hp?f=7&t=41248

Or just another person these GOODF idiots have screwed over? Bloomin FMOTL nonsense! :der:

[splendid]

Re: OC solicitors striking out defence

yep it is Nibbler

Miliitant these are the particulars off my claim form:
By agreement(s)entered into between the Claimant and Defendant, the Defendant has failed to pay the sum of 1318.51. The Claimant has requested payment but the Defendant has failed to pay the sum demanded. The Claimant claims the sum of 1318.51 and interest under the s.69 of the County Courts act 1984 at the rate of 8% per annum from the 08/11/2011 until judgment or sooner payment. Costs. The claim does not include issues under the human rights act 1998 The claiment has complied with Sections III and IV of practice Direction - Pre-Acton Conduct of the Civil Procedure Rules

I have written the above exact to whats on the claim form

I have a lot of other issues at present but don't feel comfortable at present disclosing to all. I will PM you my situation.

I have a lot of paper work regarding this claim and can send it if required

Thank you again for your time

[enquirer]

Re: OC solicitors striking out defence

I wrote 9 letters in all yet in witness statement of solicitor she states she has no record of the 6 I sent recorded delivery to dca and to her firm.

They have obviously been binning letters. If she has stated in writing that they have no copies or record of receipt, this will be a useful stick to beat them with. Go the Royal mail website and print out confirmations of delivery (and copy signatures if available). Show these to the court.

[miliitant]

Re: OC solicitors striking out defence

did you get any letter before action saying they will issue court action before the court claim

not we might or could, but issue an actual claim

[splendid]

Re: OC solicitors striking out defence

I'm sorry, not sure Im digging through now.

I have done exactly that printed off all 9, signatures and the printed name, date and time!

We are also querying there is no signature on the actual claim form which came from Northampton bulk centre.

It states at the bottom of the original claim form issued 09/12/11 :

THE CLAIMANT BELIEVES THAT THE FACTS STATED IN THIS CLAIM FORM ARE TRUE AND I AM DULY AUTHORISED BY THE CLAIMANT TO SIGN THIS STATEMENT - but there is NO signature only the name of the solicitor FIRM not an individual and this is typed where it states to sign by either the claimant or the claimants solicitor. I thought this was an official court document, surely this cannot be right.

Just to let yo know miliitant the particulars of claim that I posted earlier were from this original claim form dated 09/12/11 - this was stayed as i put in my defence advised by the GOOODF site but for court tomorrow have sent in a statement with basically non-compliance from solicitors - I hope this makes sense and you meant the original claim.

[splendid]

Re: OC solicitors striking out defence

I have not received a letter stating they were issuing a claim

Thanks

[splendid]

Re: OC solicitors striking out defence

When I first looked at this site, I am sure I came across abbreviations and their meanings,don't seem to be able to find the page now, can anyone help please?

I might have sen it else where maybe

Thanks in advance

[splendid]

Re: OC solicitors striking out defence

Hi Miliitant

I have been looking through this thread and have not sent the defence

Do you mean my original defence or the defence added for the strike out?

[Hurricane Puffrose]

Re: OC solicitors striking out defence

When I first looked at this site, I am sure I came across abbreviations and their meanings,don't seem to be able to find the page now, can anyone help please?

I might have sen it else where maybe

Thanks in advance

what abbreiviations hun?

[splendid]

Re: OC solicitors striking out defence

Oc
CCA
CRP etc what do they all mean, theres loads

[splendid]

Re: OC solicitors striking out defence

Well I'm off to court today but not quite sure now about the original defence and what to say about it, but then again I still had no replies from solicitors.

So it's also ok not to sign a court doc? As I have written in an earlier post, everyone's gone quiet on me now, have I done something wrong?

[miliitant]

Re: OC solicitors striking out defence

Morning splended
no you have done nothing wrong so please do not worry

most of us have been scratching our heads trying to sort this for you.
The problem was that we had no time to put in any application notice to suspend the hearing. You would have been hit with costs then etc

with a court claim, their are strict procedures and time tables people have to abide by

how did it go in court today, did the judge allow more time for a proper defence. We can start things moving if he did

that freeman site where you got all that duff information from did real damage to the situation and we are at a point of starting from stage 1

keep your chin up and i await some good news to move this forward

regards

[splendid]

Re: OC solicitors striking out defence

Oh I did reply from my mobile device earlier but doesn't seem to have updated.

Court didn't like the defence which was a big issue like you said, didn't want to know about anything else apart from my defence. Just that I owed the debt. Spoke about them letting the claim be stayed which was not necessary and wasn't fair to add costs on my bill, which he agreed and he also refused to add costs of the legal reps too, still another 500 though but will put it down to experience.

I have two more loans which are extremely dodgy of which I need to sort, no freeman stuff with these, just plain old non-compliance with CCA. I have received no benefit from either of these two loans, so hopefully I might be able to be helped with these. Maybe I should start a new thread?

Thanks all for trying - feel better now its over :tinysmile_grin_t:

[miliitant]

Re: OC solicitors striking out defence

so what happened

did they get summary judgement (CCJ)

ARE THEY GOING TO TRIAL

[splendid]

Re: OC solicitors striking out defence

Have yet another CCJ
All the case was about was striking out my defence ( freeman stuff) so they struck it out

Didn't seem to matter how Irwin Mitchell refused to deal with my dad or didn't receive letters when they actually did and according to the judge no assignment was necessary.

My defence came of the site you looked at with the requests that were in an earlier post.

I'm afraid I don't know much so how can I argue - I did ask to appeal and he said I cant - I was totally unprepared so I did not expect a trial

Soooooooo My hands are tied - Just have to make sure I don't let the same happen again!