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Restons application to northampton ccbc for judgement without hearing

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  • Restons application to northampton ccbc for judgement without hearing

    Hi Everyone , my first post here , Restons put a claim in for Marlin (now cabot) over a year ago at the NHCCBC , i sent the CPR 18 Request which they pretty much ignored and said it didnt apply anyway they proceeded to make a claim and i submitted my defence in the time frame , i had already put in a subject access request and paid the £10 fee and also a section 77/61 request and also paid the fee of £1 , just over a year had past as the case was stayed and i now receive the info of the subject access request (which of course should have been done within 40 days) , i have still not received the section 77/61 executed agreement that i paid for , however in their pack there was page 1 of 2 (poor photo copy) which they are perporting to be the agreement which has what looks like my signature on and someone elses but no signed terms and conditions (which would probably be the missing page 2 from the 1 of 2) , i have requested for the original agreement in my defence to be brought to any hearing for examination. Now have just received restons witness statements together with their N244 Application Notice for a judgement without hearing . In their pack are some statements which they say proves i used the account but still no full agreement or proof of legal assignment (deed of assignment / Novation etc) which i have also asked for in my defence response. My question is : Will the court now ask me for a response (im furious they haven't still provided the agreement ) or is it possible they will just do as restons ask and make a judgement without hearing ? It hardly seems right that a judgement without hearing is justified when so many of the parts of my defence are still not answered. I just need advice on wether i need to proactive and counter this move in anyway before a judgement is made ? Appreciate anyones experience on this matter regards benj
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  • #2
    Re: Restons application to northampton ccbc for judgement without hearing

    ring the court and ask the state of the case i.e. still stayed or stayed been lifted by Restons??

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