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Martyn1984

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About Martyn1984

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  1. I will do DX Dodgeball, what do you mean? Is this claim being dismissed not an end to the matter?
  2. So today was court day... We arrived, rent a solicitor arrived he asked to speak to us. Basically he wanted to make a settlement... for the full value, err no thanks. He tried to use some BMW legal case to say using the default date is correct and that the case wasn't SB. So we went into the court room, the judge absolutely tore Lowell’s to shreds, she wasn't happy with them generally for their lack of paperwork and pointed out they hadn't produced a notice of assignment section 136. Solicitor was nearly begging her for an adjournment, she refused saying time after time she has told Lowell they should be producing the correct documents. The solicitor even tried to say that WE hadn't disputed the fact there wasn't one! The judge was not impressed with that... she didn't even get to our defence or the question over it being SB...CASE DISMISSED MANY THANKS to all who has helped on here couldn't have done this without the help on this site!
  3. Court date received. Is there anything we need to do to prepare for this date? Do we take a copy of all documentation? Thanks as usual.
  4. I’ve attached the WS received... It also has all the documentation on the attachment on POST 75 but I didn't want to re upload it as our internet takes a long time to upload. The final page we certainly never received and also, why did it take them from 19th Feb when they signed for the PAP to reply on the 16th March claiming the account was on hold... after they initiated the claim...? odd BW Legal WS.pdf
  5. Received the copy of BW Legal WS today... Claiming that the default date is the cause of action and as that was 8th June its not SB'd...... we haven't replied to them or given any reason why payments were not made blah blah and ask the court to strike out our defence. What now? Do we just wait for the court to send us the date and go and see what happens?
  6. Once I’ve finalised the WS, should I send it straight away or is there any benefit to holding on a while? Thanks as usual.
  7. Excellent thanks. Is the receipts for the signed for enough or would a screenshot with signature be useful also? Should I also print a copy of the PAP I returned and add that?
  8. I've had a go.... is either of these ok? I can provide copies of the signed for receipts if need be? Claim No Claimant Reference number : Between : And : Witness Name and address: OPTION 1 1. I, *** am the defendant in this claim. 2. I believe the alleged debt is statute barred under the provisions of the limitations act 1980 prior to the claim being issued 3. No payments or written acknowledgement have been made to the alleged debt since February 2012 4. It is my contention that the claimant must provide unequivocal proof that the debt it not statute barred. OPTION 2 1. I, **** am the defendant in this claim. 2. I believe the alleged debt is statute barred under the provisions of the limitations act 1980 prior to the claim being issued 3. No payments or written acknowledgement have been made to the alleged debt since February 2012 4. It is my contention that the claimant must provide unequivocal proof that the debt it not statute barred. 5. On 24 January 2018 I received a Pre Application Protocol 6. I returned the completed Pre Application Protocol requesting further information; this was signed for on 18th February 2018. No response has been received and I would like the court to take this into consideration as the claimant failed to fully comply with Pre Application Protocol rules and initiated a claim within the time limits. 7. CCA request sent to claimant and was signed for on 19th February 2018; to date no response has been received. 8. CPR 31.14 request sent to BW Legal, this was signed for on 12th March 2018; to date no response has been received.
  9. Received the notice of allocation to the small claims track requesting witness statements and copies of documentation. The letter doesn’t have a court date it states we have until 25th December at 4pm (of all days!) to provide WS and documents and once received a notice will be sent with date and time of hearing. I’ve had a look about and to be honest I’m a little lost with writing the WS, as it’s statute barred what am I meant to put in a witness statement bearing in mind I don’t really have any documentation. I only have copies of the PAP I returned and Royal Mail signed for receipt to prove it was signed for, same for the CPR request, they never replied to either. I have a copy of the statement with the last payment that they provided, is it worth showing that? Many thanks.
  10. No phone call today but logged onto moneyclaim website and today the case was allocated to the local court so I guess it’ll start moving forward now. With regards to the BW letter and documents, do I need to do anything? Thanks
  11. She’s spoken to the court who didn’t actually know what was happening? Nothing further has happened since we said no to the mediation. Been told they are going to look into it and call us back. At least we haven’t missed any documentation or important dates.
  12. Ok I’ll get my wife to give them a call. What about this BW Legal letter?
  13. No. We haven’t heard anything from them since the last time I posted about the mediation. When I check on the moneyclaim website the last thing it says is directions questionnaire received from claimant back in May. Is this an unusual step they’ve taken?
  14. Hi all, Letter received from BW Legal (hopefully attached) making an offer. 5 pages into the Ts & C’s it has what looks like my wife’s details pasted in (the border on the page goes missing next to the details). It also shows it was signed by Vanquis nearly 2 years after it was taken out? They have also provided statements which show the final payment made to the account 28th Feb 2012. How do I proceed with this, ignore and wait for more court documentation? Thanks as usual. Photo .pdf
  15. Hi all, Just after some advise as this may be a bit different to other people cases. Today I received a Parking Eye "Parking Charge Notice". It's my car which my wife drove to take me to hospital, she paid using the Pay By Phone app, however she entered her cars registration by mistake. I worry she done this again the following day also! I've appealed and sent a copy of our proof (screenshot with incorrect registration on it) but now I'm wondering should I of come here first before quickly rushing into an appeal? 1 Date of the infringement - 13/09/2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 27/09/2018 3 Date received - 01/10/2018 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] NO 5 Is there any photographic evidence of the event? YES 6 Have you appealed? {y/n?] YES APPEAL - I have received a Parking Charge Notice for my car, which my wife was driving at the time taking me to hospital. We made payment using the Pay By Phone app, and once I received this letter have only realised that payment was made however it was made for our other car (*OTHER REG*) as my wife has often used her car to make payments as she has been to the hospital a lot recently (as I’m sure you can check by her registration). Unfortunately this has been a simple error and I attach proof that the payment was made and you'll be able to confirm this as her car *OTHER REG* did not enter the hospital car park on this day. Have you had a response? [Y/N?] NO 7 Who is the parking company? Parking EYE 8. Where exactly [carpark name and town] - Sunderland Royal Hospital
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