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About jsmith07611

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  1. ok thank you so should i write in the witness statement the reasons why i disagree to their defence or should i wait for the proper trial to do that?
  2. Thank you very much for replying and your help. I just didn't quite understand what you meant in your reply below. From what i understood that i should put in the opposition based on their defence. i should write to the judge that their defence is faulty already at the hearing to set aside judgement which was option 1. option 2 was to not mention anything about their faulty defence, allow them to set aside judgement and then explain why their defence is faulty in the later main court hearing hearing. i am a little muddled up. I appreciate your help thank you p.s. hearing to set aside judgment feb 20
  3. their defence is faulty. there has been two issues with the defendant. issue 1 and issue2. issue 2 was resolved and i accepted the offer. the defendant has mixed up the two issues and said that i have accepted their offer previously. they quoted my acceptance of issue 2. it is an obvious error on their part. my question / dilema is should i bring this up at the hearing to set aside judgement or should i wait until the real hearing. please see orignial post for plusses and minuses of both options thank you for your help
  4. hi the defendant went through his solicitors. the solicitors did not reply via the mcol (i have no idea why not) they wrote in their statement that they sent their aos via email to ccmcce-filing@justice.gov.uk instead of ccbc@justice.gov.uk (actually both these email addresses are wrong as the correct email address is ccbcaq@justice.gov.uk or just replying via mcol p.s. sorry what did you mean by run over it
  5. Good evening and thank you for this amazing forum It is a case for 5k where i am not sure whether to try and point out something or not in the hearing for setting aside judgement I am the claimant. the defendant replied their defence to an incorrect email address and therefore i was awarded default judgment as the court did not recieve their defence in time. the defendant sent an email to one of the ccbaq email addresses which was not the correct email address for filing a defence. in the atutomatic reply it said not to duplicate the email as it wastes court time, so they did not send through their defence through any other avenues. now the other side wish to set aside judgment. there is a hearing soon to set aside judgment their defence is totally wrong as they have gotten totally muddled up. in the past I had had a seperate issue with the defendant which was resolved and their current defence basically says that i had resolved the current case and therefore cannot claim again. so the defendant has muddled up the two cases as it is clear as it is a seperate case which was resolved. my question / dilema is should i try (option 1) stop the defendant setting default judgment aside and show why the defence is totally flawed. if i win the hearing to set aside judgement on the grounds that the defendant has no prospect for success in their defence, then that would be great... but i will probably loose as they have got quite a good excuse that they sent the defence to a mistaken email address. they will claim that there was a valid reason in missing the deadline for submitting a defence. in this scenario where they will win the hearing for setting aside judgement, they will fix their defence for the proper hearing later on. as they will realise that in their defence they had muddled up the two issues. or my second option (option 2) should i allow them to set aside judgement without disclosing why their defence makes no sense and save it for the final hearing where i will prove that their defence is flawed. but i may be accused of obstruction of justice by not pointing out that the defendant has made a simple mistake of muddling up the two issues. I am very grateful in advance for replies kind regards
  6. thank you for replying I am sorry that it is taking this long. i am trying my best i thought it would not be that complicated poc. I do not know the sellers or their solicitors. They did have some terms and conditions which was adobe online signed. basically if the sale falls through i get refunded the deposit so to try and sum up the whole story. 1 on 31/03 i found an estate agent/property sourcer called secretproperty.co.uk which are meant to source bmv property deals. 2 I thought they were legitimate as they are regulated by the property omubdsman and were adveritsing a property which i knew was on the market (although that was not the property i was interested in). i spoke to paul whos real name is pawel and he is the director of the company. see this link https://beta.companieshouse.gov.uk/company/10361574/officers he seemed legitimate at the time. he told me that if i wanted to secure the deal and therefore have first rights to buy it, in other words it would be considered sold subject to contract and only i would be allowed to view it i would need to pay a deposit which would be held by secretproperty and would be passed on to the seller once the deal completes. this was for 5k. so i paid that to them through paypal. I have no recourse though through paypal. 3. after a month and a half of excuses as to why they could not arrange a viewing they told me that they would refund me and i wrote to them requesting the refund. they subsequently pretended to refund through paypal with an echeque which never cleared. this happened three times with various excuses and i realised (already from a while back that it was a scram) 4. i was liasing with the property ombudsman to help me but they have not been much help as they have to be impartial and keep telling me that pawel is trying to refund via paypal. 5. i opened a mcol claim 20 days ago. in the poc i naively just filled in the story in short but i didn't use the correct protocol. I didn't know that one needed one but know i do realise my error. i could copy and paste what i wrote but you would just laugh at me. it is pointless 6 i put defendant 1 as secret propety ltd and defendant 2 as pawel. my claim against secret property was simply that they are not returning my deposit. my claim agains pawel (which i strongly presume although cannot garantee) was that he withdrew the deposit from secret propety accounts into his own accounts which he had no right to do. as the funds are definitely not by payapl any more. 7 the defendants have not replied to the claim so i asked for judgement last night 8 i think that since my poc are useless that the judge will stay/disqualify them 9 so please can you help me to draft a correct poc including any type of statutory and common law basis of my claim, for each defendant. I hope this clarifies and i am only human and trying my best
  7. thank you for replying It would probably be helpful to you if you gave us much more information. You have given a very abbreviated resume. I'm concerned that you have already fired off a letter of claim but haven't fully prepared yourself to issue the action if the letter of claim is ignored – which presumably is exactly what is happening. you are correct. it has not happened yet but i requested judgement and think it will happen today We always tell people that they shouldn't start entering into any procedure or pre-action procedure without being very clear of the paths that they may have to take. Everybody should enter into this kind of action with a proper plan. yes i understand that now. i should have come here beforehand You say that this is for the purchase of a property. Is that right?yes And you are required to pay the money using a PayPal account? yesThat is extremely unusual.yes it is unusual, i think i am being scrammed Also, is extremely unusual to pay a deposit to an estate agent and not to the solicitors of the seller. yes i agree. i think i am being scrammed. the payment was to reserve the property as it seemed that i was a good deal with potential Is this a sale agreement – or are we talking about a rental agreement? purchase of property thank you for replying and helping me
  8. thank you for replying. payment made 31/03/17 letter of claim sent on 15/05 deposit amount 5k i would like there to be two defendants 1. the limited company (estate agent) 2. the director for withdrawing the deposit (presumably to himself without permission) the defendant has kept promising to send the money but has not done so. i hope this is the information you are requesting but if not please let me know as i am new to all this thank you
  9. Hi everyone I am new here and i am pretty sure my particulars of claim will be too vague after looking over it after filing for judgement. The complaint is that i paid a deposit to an estate agent/limited company to purchase a property through paypal. i never was given an opportunity to view it. afterwards i requested a refund of the deposit which they kept promising to refund but never did. moreso the director of the company illegally withdrew the funds of the deposit out of the paypal account even though it was a deposit and was not meant to be touched. Please be so kind to tell me how to word a correct particulars of claim thank you
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