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SuperVillain

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SuperVillain last won the day on November 11 2019

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  1. Might be helpful to decipher the defence out here - the handwriting is unclear and English doesn’t appear to be the first language of the person who wrote it: ”In respect of the above claim I totally ????? any claim & allogation [sic] brought against myself for funds that have been invested jointly with myself & full receipt by solicitors and investment house have been given. Full disclosure & discreption [sic] & defence has been given by Mr XXXXX on the Claimant’s responce [sic]. I do not agre [sic] & advice [sic] that I personally never
  2. Agree she hasn’t written to Court. If Keek writes to her she’ll probably pull her finger out and write to court and the hearing will he relisted (or she might even call the police again and spout more rubbish about being harassed). If he does nothing I expect the court and the claimant will do nothing and the claim will just be stayed until someone at court gets round to doing something (and they’ll probably issue an unless order). This could be months. If he writes to the Court asking for the claim to be struck out due to lack of response from the claimant, the cou
  3. You should really post the claim form and particulars of claim and their defence on here ASAP. You only have a week or so to file your Directions Questionnaire (and draft directions).
  4. If it’s unclear generally go with the earlier date (so as you point out 11 September). Just bear in mind that courts are running huge backlogs of correspondence at the moment (some as much as 3 or 4 weeks behind). Does the Court order say what will happen if there is no response by the deadline?
  5. Hi, Ok, have you responded to that email? If so please can you post up your response? If not, then they claim to have tracker data? Presumably we’re saying that the tracker data is incorrect? We need to see it (not sure what format this data will be in but there may be clues in there which support you). Also, do you have any proof as to when you got your own car back from repairs e.g. an invoice for your excess or a something you signed at the garage etc. I understand that you have gone through this with them repeatedly but if you leave it be they’ll assume yo
  6. Yea I see what you mean. As for dropping Co-Op, I don’t see the point. Pretty much every insurer will refer you to credit hire in such a situation, and even if they don’t, their garages or engineers will. As for producing your footage at Court, if the implication is to ambush your own lawyers I don’t think you should be looking to work against Principia. As you have flagged up the discrepancy to them already, they will have issues with getting you to sign a witness statement before you even think about setting foot inside a Court. If you don’t have your own CCTV immediat
  7. Ok let’s all calm down here. A Defendant filing a defence is entirely expected (if they don’t they’ll end up with a CCJ for the whole amount of the claim). The next step is that the Court will ask for directions questionnaires to be filed. Once that is done, the claim will be transferred to your local court who will set directions. Given the lockdown the Courts are prioritising higher value cases so your hearing date could well be early next year. Plenty of time for the case to settle before anyone has to go to Court (and yes they’re right when they say these
  8. So have they started court proceedings, and if so have you seen a copy? The terms of your agreement with Auxillis will state that you have to cooperate with their nominated lawyers (Principia) and will inevitably reserve a right to pursue you for hire charges if you don’t cooperate. Principia will plough on regardless and I suggest that you don’t voluntarily keep yourself in the dark as to what they’re up to and what they’re saying on your behalf (if they have issued proceedings it will be in your name and you will be the Claimant in the case!). The last thin
  9. To add, not sure how far away your small claims hearing is (or if it will even take place at all in the current climate) but I would suggest as follows: 1. Contact the people you want to get statements from and see if they will do a witness statement. (Bear in mind they may be making statements for the Defendant). 2. If they’re not prepared to do a witness statement for you, and they’re not already doing one for the Defendant, then start preparing a witness summary. 3. File and serve the witness summary and application for permission to rely when you’re suppose
  10. Hi Maketa - I don’t think anyone has answered your question here. My understanding is that if you can’t serve a witness statement you still need to serve a witness summary and accompany with an application. See Civil Proceure Rule 32: Witness summaries 32.9 (1) A party who – (a) is required to serve a witness statement for use at trial; but (b) is unable to obtain one, may apply, without notice, for permission to serve a witness summary instead. (2) A witness summary is a summary of – (a) the evidence, if known, which would otherwise be inclu
  11. I would do an updated witness statement in this situation. I think it’s an opportunity to explain your position with the expert/instructions, sending/hand delivering her letters, the photos you took of the cameras etc etc.
  12. Wow, I’ve never seen that before. So the hearing is at her house, now all you can do is prepare for it. I think now is the time to consider starting to draft your witness statement (I think this will need to be filed and served 2 weeks before the hearing date, unless any of the Court Orders say otherwise).
  13. Hi OP. Just as a bit of background I’ve spent several years working on the Defendant side of the credit hire fence. Auxillis and Principia Law have the same company directors. The companies are linked. You’ll almost certainly have to go with them under the terms of the hire agreement. You’ve signed a credit hire agreement. You believed it was a courtesy car based on the email from Hastings. Did you read it? I know that Auxillis get you to sign these things electronically. 9 times out of 10 as stated above, you’ll not get as far as trial and the two si
  14. OP, maybe this will help - https://www.gov.uk/challenge-solicitors-bill I didn’t know you could apply for a detailed assessment of your own solicitors bill. Generally speaking - what were you told at the outset. Did you sign a Client Services Agreement (contract) and did it set out the hourly rates of the lawyers working on your case? The flat fee of £175 per letter seems ridiculous.
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