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    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
    • At a key lecture in the City of London, the shadow chancellor will also vow to reform the Treasury.View the full article
    • Despite controversy China's Temu is becoming a global online shopping force.View the full article
    • The retailer has come under fire for an advert showing motorcyclists wearing trainers and doing wheelies.View the full article
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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backdoor lowells CCJ - LLLoyds Loan - poss already SBd - set aside judgement adjourned


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Thanks for your replies and advice Andy, it's very much appreciated. Hopefully they won't comply within the time and I will apply for the unless order. If they did discontinue would they inform me or the court or both? Apologies for the what ifs, just trying to comprehend what it means and to set my mind at rest a little.

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Thanks for your replies and advice Andy, it's very much appreciated. Hopefully they won't comply within the time and I will apply for the unless order. If they did discontinue would they inform me or the court or both? Both you have the option to decline the discontinuence if you feel the strikeout is more appropiate Apologies for the what ifs, just trying to comprehend what it means and to set my mind at rest a little.

 

Wish you well

 

Regards

 

Andy

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  • 2 weeks later...

Even more confused today, have been told by someone that when the dj wrote

(Standard small claims directions do apply save that the claimant do provide the defendant with copies of all evidence it seeks to rely upon at the final hearing within 21 days of recieving this notice that the claim has been allocated to the small claim track) that all he meant was evidence that the claimant intend to use and not the evidence I want to defend myself.

Any ideas, I have been searching internet fot the meaning but cant find it, why cant they just talk in a language that we can comprehend?

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  • 2 weeks later...

Well the 21 days is almost up, don't think it will come in the post tomorrow with the strike, and no documents recieved from claimant. Am in process of applying for an unless order which I will hand deliver to the court tomorrow. Just spoke to the solicitor who was dealing with my case (I needed some information about dates that they had claimed that I paid money to them) and he said might be best to contact the court and instead of applying for unless order ask them if they will grant one or strike the claim out using the courts own powers (cpr 3.1). He said mention that due to the short period of time left until the small claims track hearing that they may agree. Any thoughts, advice very much appreciated and if this is a possibility is there a certain procedure to follow?.

Edited by bradz1711
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Well today was the deadline for them to supply me with the copies of evidence that the Judge ordered them to do within 21 days of the allocation to Small Claims Track. I have had a look at the sticky about allocation questionaires and would be greatful if someone with experience could help me with the next step. Do I send them an allocation questionaire or do I contact the court and ask for an Unless order and the the claim to be struck out. I am thinking the latter is the best way forward but advice on the best way to go would be very much appreciated. Thanks Bradz.

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O.k After working out my finances it looks like I will not have £75 available to pay the fee for an Unless order N244. I am considering writing a letter to the court manager explaining that the claimant has failed to comply with the courts orders. I will state that I feel the claimant is not only predjudicing my ability to put in a defence but also they are wasting court time and money. Am drafting the letter today, could anyone who has experience in sending a letter rather than an N244 please let me know whether they were sucessful of whether it was the wrong way to go?

Thanks

Bradz

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Hi Bradz

 

May be worth a simple phone call to the CC dealing with your case and explain your predicament and difficulty in submitting the N244.In reality the Court could make its own decision and issue it due to your circumstances.

The alternative is to request the Unless without an hearing which would only set you back £40.00, just a thought but worth a go.

 

Best of luck

 

Regards

 

Andy

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Bradz

 

Can you type up or post (less personal) the last order recieved i need to read it word for word.

 

 

Andy

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Thanks Bradz

 

Couple of questions:-

 

Its dated the 23rd Feb 2009

Did you submit a defence within 14 days?

The Claimant had 21 days from 23rd feb to disclose evidence it relied upon?

Nothing recieved since this order?

 

 

Andy

We could do with some help from you.

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I had a solicitor acting or me at the time, he contacted the court and told them that they already had my defence. I got another ordrr from the court as below.

orderowninititiative.jpg

 

My solicitor (who no longer acts for me) wrote to the court pointing out that my defence was already filed in the agreed terms from the original hearing and he also sent a copy of my defence as well. I have heard nothing from the claimant since Oct 2008 when they offered me the deal the day before the set aside hearing which I rejected. Have no idea whats going on but I know the charging order was removed and they agreed with me having the judgement set aside. Since the order that I have posted I have only heard from the court once and that was the small claims allocation notice on the 8th of October this year. I was assuming that the way it is worded meant that they had 21 days from recieving the allocation to small claims (8th October) that they had to send me the documents. It's very confusing. The only thing that lowell sent was threatening letters and a copy of some alleged payments to agents. They claimed I made a payment in august 2002, I have my bank statements for the whole of 2002 up till September and there are no payments to anyone that relate to the ammount that they claim either by card or cheque and I have never had a doorstep collector call on me. Sorry if complicating things but it's begininning to p**s me off a bit now,

Thanks

Bradz

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I would just draft a letter as per the Courts advise to the Case Managers explaining the above and ask them to Strike Out of its own accord.Utter nonsense

 

Regards

 

Andy

We could do with some help from you.

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Excellent Bradz

 

Hopefully this will conclude this nonsense for you, I wish you all the best with the outcome.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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