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    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
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Court summons from GREENBELT GROUP ADVICE **Discharged for £400 from +£2k**


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That does not sound correct to me Jenny.....you don't have an account with them?

 

Useful links...

 

http://www.lease-advice.org.uk/documents/Service_Charges.pdf

 

http://www.legislation.gov.uk/ukpga/1980/58

 

Andy

 

I know I said that to the judge - I told him that I had never made any payment to account in 9 years and that I had been trying to obtain detailed breakdowns of costs.

 

but he agreed with them based on the following:

 

Schedule 2, paragraph 1 of the 1973 Act, which is headed ‘Appropriate dates for certain obligations for purposes of Section 6’. Apparently allows for postponement of the starting date for the running of prescription, beyond the date which would apply to payment for each separate transaction. The starting date becomes the date on which payment became due for the last supply of goods or services, provided that they were supplied in a series of transactions and charged on continuing account.

Not really sure what to do now?

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Did you use any information as regards to the test case where owners won the right to remove the burden from their deeds?

 

If not,why not?

 

I wasn't given the chance to say much at all 64 cases called in 1 hour its all very fast moving..

 

this hearing was simply for them to demonstrate why in their view it wasnt time barred and to provide copies of all invoices and statements.

 

that's why its now been set to proof to give us both a chance to argue it out...

 

Today I also made a complaint to these people : https://hohp.scotland.gov.uk/contact-us they investigate breaches in property factor code of conduct.

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What exactly do you do next then?

Have you been told to get more proof?

Can you bring more more evidence to the judge ,for example the test case, you believe that the burden you have is invalid and therefore unenforceable?

Have you looked a the burdens in the title deed/Land certificate?

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What exactly do you do next then?

Have you been told to get more proof?

Can you bring more more evidence to the judge ,for example the test case, you believe that the burden you have is invalid and therefore unenforceable?

Have you looked a the burdens in the title deed/Land certificate?

 

The proof as far as I understand it is where both sides can tell the whole story and then judge decides the outcome - Im not totally sure but that's what i understand it as.....

hoping someone here can advise what i need to do now... do i need a solicitor to represent me at a proof?

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You can do it yourself as LiP

 

4-going-to-court---cases-raised-on-or-after-1-december-2009 (1).doc

 

 

4.20 to 4.23

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That link you put up on post 46 is very empowering for you jennyanydots.

 

I too have studied this verdict for a number of months and have found it invaluable.

 

I am sure you too have the same or very similar deeds as these residents,would be very suprised if you did not.

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  • 3 weeks later...
  • 3 months later...

No activity since July Jonny...but she would have had an email for each of your posts.

 

Andy

We could do with some help from you.

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Sorry I haven't been on in a while.

 

I received a letter from their solicitors prior to the date of hearing

(after showing the photographic evidence of their failures)

they were seeking to settle for £1000,

 

 

I refused but offered to settle it for £400 to save me going to court again and they accepted this offer

 

I paid and they sent me a letter to say it was discharged.

 

Hope all goes well with your case :)

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thanks for updating

thread title amended

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thanks for updating

thread title amended

 

 

dx

No problem

 

The original debt claimed was just under £2000 + fees and costs

 

They made an offer to settle with me for £1000

 

But they agreed to settle for £400

 

Many thanks for all help

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to me that shows they were trying to fleece you and all the others. too

 

 

thanks

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Same kind of situation. not paid 9 years greenbelt didnt do the work bad areas in street with very poor

maintenance.

 

BUT,

 

other half filled in court summons to make payments, she didn't contest. , this was around 4 weeks ago

 

so they have won decree at £2500,granted

 

4 days ago got a letter saying as the won decree if we dont pay they will send sherrif officers.

 

how can we contest decree after they win decree, as 50% of the debt is statute barred?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?472928-was-take-to-court-by-GREENBELT-GROUP-ADVICE-they-got-decree

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  • 2 weeks later...

There were another 2 or 3 cases called when I went but no-one turned up to defend thus degree was granted for them.. i just kept disputing although in court the debt was established as not statute barred because it was a recurring contract.

 

I basically submitted as much photo evidence as possible to prove their breach of contract for failed performance... thats when they started communicating re settlement outwith court.

 

good luck

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Thanks jenny great help!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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There were another 2 or 3 cases called when I went but no-one turned up to defend thus degree was granted for them.. i just kept disputing although in court the debt was established as not statute barred because it was a recurring contract.

 

I basically submitted as much photo evidence as possible to prove their breach of contract for failed performance... thats when they started communicating re settlement outwith court.

 

good luck

 

Good info jenny thank you.

 

Ive got plans from council showing land they own, and service, behind my house they own but dont service and said the passed it to a sister company green belt energy i think, same address same staff etc, but i guess if they put it under that they dont service,

 

any way this land 16ft high weeds, wrecking our fencing had to hire gardeners for last few years to cut back,

 

you think this would be worth bringing up in court even though they say its not them ,but another limted company owned and run by all the same staff and ceo :)

 

 

I guess it cant hurt give all photos and plans to judge.

 

court date 5th jan

 

have other info to raise that court they gonna be surprised with.

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  • 1 month later...
There were another 2 or 3 cases called when I went but no-one turned up to defend thus degree was granted for them.. i just kept disputing although in court the debt was established as not statute barred because it was a recurring contract.

 

I basically submitted as much photo evidence as possible to prove their breach of contract for failed performance... thats when they started communicating re settlement outwith court.

 

good luck

 

Hi. Not sure whether you are aware of this but there are a lot of Scottish homeowners having their deeds amended by the register of Scotland after the test case. Just write to them and quote the marriott case and they'll sort it in a few days.

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That will be Michael Joseph Marriott and another (applicants) v Greenbelt Group Limited (respondents).

 

This is the Lands Tribunal Scotland link for above: http://www.lands-tribunal-scotland.org.uk/decisions/LTS.TC.2014.27.html

 

This link from the Law Society of Scotland The Journal: http://www.journalonline.co.uk/Magazine/61-1/1021197.aspx

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  • 7 months later...
  • 7 months later...
Yes that time again when I shall be in court shortly with that lot!

 

Will be interested if anyone has had any dealings in court recently.

 

I have had my hearings, now awaiting the verdict, will update once I have that.

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