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bha100

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About bha100

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  1. To make clear, £££land was the claimant, CRS was the provider of threatograms, they gave up after 5 letters, then 2 threatograms from £££lands solicitors before they issued the court claim. ps the answer i gave was to this. Can I ask, did any of the recovery companies (RLPicon/DWF et al) get involved or was this a direct action from the claimant? For the life of me, I cannot see why this store would have followed this action after the case from 2012
  2. It's clear they used the court system in the hope they trip you up with cpr and win by default, out of interest what would of happened if witness statements are not received within the prescribed time? i could be wrong but i get the feeling they had no intention sending their witness statements and made a decision to quit based on the defence that was submitted, was it that they were never going to be able to prove such a loss for the so called case costs.
  3. Quick update, after all that it went out in a bit of a whimper. Witness statements sent within the prescribed time but nothing was received, then a notice of discontinuance arrived, thanks again @ericsbrother and for those interested the claimant was £££land
  4. Just to clear up a couple of things, as i was helping out a third party i had to be mindful of what i posted on an open forum without their permission. Secondly looking back i made a mistake in not making clear what advise i was looking for, i wasn't looking for someone to give a cast iron defense to copy and paste, what i wanted was advise on cpr and court procedures, sorry i should of made that clear. However it matters no more because i have told them im unable to help any further, once i know i shall let you know the outcome, thanks for the help this far ericsbrother, cheers
  5. From where im sitting it don't feel that way to me. Thank you anyway
  6. That is just something we are going to have to disagree about. thanks for you help, i shall wait for ericsbrother as it is with their help that i managed to get this far and feel for continuity it's the best way forward that i can deal with it, all the best.
  7. Hello, i think that is slightly unfair, let me explain, im doing this for someone who has even less knowledge of the court system and procedures than me and mine is next to nothing, im just trying to help out someone who is less fortunate. I do have a life of my own and things going on in my life, all i wanted to do was focus on one person trying to help ( thanks @ ericsbrother ) rather than get bogged down with many people chipping in, that for me was the best way in my mind i felt able deal with the minefield of information, if i didn't reply to anyone and they were offended, sorry, al
  8. Yes it said legal costs £50, Ok thanks, so at the next stage they will have to provide evidence they suffered a loss and we will have to provide evidence as to why they didn't? ie oxford case, will it have to go to a hearing? i am going to have to speak for them if it does.
  9. Small claims track, will this mean having to go to a hearing at the court? Thanks Yes thanks well hopefully i did just that, so should you end up losing the solicitors costs will be added on to the claim amount, that could be how much on top ??
  10. What happens now in terms of procedure ? once the defense form has been submitted to the court what happens next so i can prepare, also on the particulars of the claim it states they claim the amount, interest and costs, im assuming costs refer to solicitor fees, what can they actually claim for under costs, thanks
  11. Thanks for your help ericsbrother, it took a bit of time to get my head round it all but your advise was of great help, i took your comments on board, i did read the oxford case which helped understand much, i struggled a bit on how you respond in a defense but found a website on how you set out your defence, i kept it simple like you said, I did my best for them, wait and see now, will let you know the outcome, Thanks
  12. No that could not be further from the truth, im just trying to make sure i get the defense correct, im not a legal person, i took time to read 16.5 to make sure i did just that, in the particulars of claim they state theft of goods, and 16.5 (5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation What you are saying is just ignore that, don't deal with it?, just put in a defense that covers the claim for what they state as case costs, which as you have already said they can not claim for, your saying this court c
  13. No the goods were not recovered, but as they stated theft of goods in the particulars of claim under cpr rule 16.5 you have to deal with allegation in one way or another.
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