Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Final Demand or court Action

    Just recived another finnal demand saying that a court summons is to be issued if i dont pay £175 there are saying they are going to send in the bailiffsicon i am not sure whether to inform these debt collectorsicon that it is in dispute with the CPS or just ignor these and wait till the court papers are issued and if i do get issed papers what happens then can someone please advise thanks

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  2. #2
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    Default Re: Final Demand or court Action

    please post up the exact text of the letter - or better still a picture of it suitable washed of your personal details.
    is there another thread this post relates to ?


  3. #3
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    Default Re: Final Demand or court Action

    Chances of you receiving court papers are miniscule.

    Your multiple final demands prove the last thing they want to do is go to court.

    But lets see the paperwork anyway (minus personal details).


  4. #4
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    Default Re: Final Demand or court Action

    CPS have a habit of pursuing cases they think will be undefended.
    They love to publish those but for some mysterious reason don't publish the ones they lose.
    Now its on here a proper defense will be forthcoming if CPS issue real court papers - "I just know".

    wonder if a troll will be along soon advising that the OP just pays up.....


  5. #5
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    Default Re: Final Demand or court Action

    Previous thread here:

    http://www.consumeractiongroup.co.uk...al-demand.html

    Perhaps the moderators could merge these threads together?


  6. #6
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    Default Re: Final Demand or court Action

    Daniel Silverman won't actually do anything themselves anyway, they have no powers, so you might as well just keep ignoring them.

    Once they fail, which they will if you just keep ignoring them, they will give up and pass back to CPS. Again, on past form, CPS will then write to you "Despite all efforts ...blah, blah, blah..."

    Please be circumspect in what you post, don't include anything such as dates, times, location, etc which could conceivably help CPS in matching you to their information. There still are CPS trolls about.


  7. #7
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    Default Re: Final Demand or court Action

    how do i add a picture to this posting

    thanks


  8. #8
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    Default Re: Final Demand or court Action

    This link should explain:

    http://www.consumeractiongroup.co.uk...ml#post1642650

    [Michael Brown's posting]


  9. #9
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    Default Re: Final Demand or court Action


  10. #10
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    Default Re: Final Demand or court Action

    thety run on a now win no fee basis hence the heavy handed letter which misrepresents the truth of the situation - big surprise.
    1. Failure to pay now cannot of itself result in anything being registered against you as a debt in the county courticon

    2. In order for you to get a CCJ (County Court Judgment) registered against you ALL of the following have to take place
    (a) the company concerned have to issue a claim against you. This costs them a fee, typically £30.00 for a normal parking ticketicon
    (b) you either do not enter a defence because you forgot, are daft or some other reason ( in which case the Claimant will request a judgment in default)
    OR
    much less likely the case actually goes to a hearing and you lose
    (c)that having lost, you do not pay the Judgment debt within 28 days of the judgment being entered against you.

    A bailiffsicon warrant would only be issued if you lost and didn't pay the judgment debt as instructed by the judge.


    So I would be contacting the CSA on Monday morning to see if Daniels Silverman is registered with them and making a strong complaint - with a copy of their letter.


  11. #11
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    Default Re: Final Demand or court Action

    eddie,

    dont know where you are actually based [please don't say in this public forum] but, if notice were given in Liverpool county courticon, your first action could be to transfer this to your locality, here's hoping you live in Landsend or Carlisle.

    Please don't be unduly worried by all this. If you follow this through the worst thing that can happen is that you will be inconvenienced for a day at County Court, tempered by winning a case with costs against the [problem]mers. A grand day out. This is a remote possibilty, what is far more likely is that everything will go queit after Silvermans have shot their bolt.


  12. #12
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    Default Re: Final Demand or court Action

    Quote Originally Posted by Barnsley Boy View Post
    eddie,

    dont know where you are actually based [please don't say in this public forum] but, if notice were given in Liverpool county courticon, your first action could be to transfer this to your locality, here's hoping you live in Landsend or Carlisle.

    Please don't be unduly worried by all this. If you follow this through the worst thing that can happen is that you will be inconvenienced for a day at County Court, tempered by winning a case with costs against the [problem]mers. A grand day out. This is a remote possibilty, what is far more likely is that everything will go queit after Silvermans have shot their bolt.
    Given that this is CPS their is a possibility that they might take this to court. Depends on whether they're feeling lucky after the Oldham case.

    Eddie, CPS do have a history of litigation over their claims but not a great record of success - possibly because of the efforts of their brilliant in-house legal team. (See this thread: Perky defeated in Oldham Court).

    I tend to agree with BB, I think this will go quiet.

    One word of warning - CPS are known to lurk and read the postings on these forums. They have been known to try and gather information from the fourms that they will attempt to use against you. Make sure any postings are washed of any data that can be used to identify you.

    -------------------------------------------------------------------------------------------------------------------------------------
    This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.
    --------------------------------------------------------------------------------------------------------------------------------------


  13. #13
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    Default Re: Final Demand or court Action

    They have been known to try and gather information from the fourms that they will attempt to use against you.
    Bearing in mind that whatever they did find out on here, it wouldn't change the legitimacy of the penalty. They're more likely to try and weedle out someone who doesn't sound very confident in an attempt to get an undefended win-by-default.


  14. #14
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    Default Re: Final Demand or court Action

    Thanks again for all the support i will keep this updated


  15. #15
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    Default Re: Final Demand or court Action

    COURT RESULT:

    THIS CASE WAS TODAY HEARD IN CHESTER county courticon AND AWARDED TO THE CLAIMANT.

    JUDGE HARRISON AWARDED TOTAL COSTS OF APPROX £245 TO THE CLAIMANT.

    YET ANOTHER CASE ASSISTED BY 'EAGLES' ON HERE LOST !!!

    THE FORCES ARE ALIGNED, MORE DEFEATS COMING FROM A NUMBER OF PPCs SOON IN RELATION TO CASES ASSISTED BY THESE FORUMS.

    THE DEFENDANT CONFIRMED HE HAD ASISSTANCE FROM MEMBERS OF THIS FORUM AND PEIPOO WITH HIS DEFENCE (AS BELOW) ...

    http://img301.imageshack.us/img301/7883/defence2.jpg

    http://img53.imageshack.us/img53/636/defence1.jpg



    (previous images deleted as contained personal info .. only public available information is now on here)

    THE JUDGE STATED IT WAS NOT A PENALTY DESPITE BEING POINTED TOWARDS THE AUTHORITIES, THE SIGNAGE WAS CLEAR AND DESPITE NOT BEING SEEN SHOULD HAVE BEEN.

    PEPIPOO ALSO HAD A HAND IN THIS:

    http://forums.pepipoo.com/index.php?...t=#entry312548


  16. #16
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    Default Re: Final Demand or court Action

    1. Request for advice made on forum - CHECK
    2. Advice given, subject to usual caveats and warnings - CHECK
    3. All goes quiet for 11 months - CHECK
    4. PPC troll, completely lacking in credibility, posts about a mystery court case, making rabid claims about mystery helpers, all without substantiation - CHECK

    You're banging a tired old drum.


  17. #17
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    Default Re: Final Demand or court Action

    Quote Originally Posted by My Real Name View Post
    1. Request for advice made on forum - CHECK
    2. Advice given, subject to usual caveats and warnings - CHECK
    3. All goes quiet for 11 months - CHECK
    4. PPC troll, completely lacking in credibility, posts about a mystery court case, making rabid claims about mystery helpers, all without substantiation - CHECK
    You're banging a tired old drum.
    1. Normal advice given to defendant - CHECK
    2. Advice to defendant not to say anything more in public and only by PM - CHECK
    3. Silence until court date, if win tell everyone, if lose deny helping - CHECK
    4. Court hearing take time with helping behind scenes - CHECK
    5. Same old advice given by 'experts' totally useless in court and the defendant loses and instead of paying £60 now pays 4x more - CHECK
    6. People who helped him, stay silent and just await the next case when they will do same and hope for a different result - CHECK

    I feel sorry for the defendant,(edit)but still this ruined his Xmas last year (as he said in court) but still he listened to advice, built his hopes up that it was an unenforceable penalty only to have them all knocked down as it IS a lawfull and fully enforceable parking chargeicon.


  18. #18
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    Default Re: Final Demand or court Action

    Troll alert


  19. #19
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    Default Re: Final Demand or court Action

    well if you're so confident why don't you scan the judgement when it comes through!!


  20. #20
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    Default Re: Final Demand or court Action

    You are spot on, wheelergeezer.

    If this has been useful to you, please click on the scales at bottom left of post. Thanks.

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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE