Double claim ***WON***

[robjam1969]

OK a reponse from Tower. They will not be attending.

 

However their reply to my holding defence is full of lies and inaccuracies. For example they state they have responded to CPR request, they have not! They have also had contact from my DMP which is again untrue

 

Their original AQ was lost in the post - they seem to have a problem with the postal service.

 

They also bang on about mediation and that I have not attepted this. To be honest as they have been ignoring me and the court I didn't see the point.

 

What is the correct proceedure for highlighting this to the court. At this stage I am tempted in principle to follow this through.

 

Some thoughts would be much appreciated.

[citizenB]

Rob, when is the hearing date ? If you have more than 7 days then you can put in a response to their defence/witness statement.

 

Go through their fiction, point by point.. rebutting each point you feel is inaccurate pure fantasy.

 

Then pop along to your local court, with a covering letter to the Court Manager.

 

 

 

Dear Sir or Madam,

 

Claim Number

Claimant v Robjam

Hearing Date XXX @ XX am/pm

 

 

In respect of the above hearing and with due regard for the overriding objectives of the CPR.

I respectfully request that the attached rebuttal statement be put before the District Judge to be considered alongside Claimant's witness statement / Defence dated XX XX.

 

Yours etc.

 

Then pop a copy in the post to the Claimant

[DonkeyB]

The fact that they have not complied with CPR is an overwhelming reason for you not to accept mediation. Why should you use mediation when you believe there is no case to answer, and they have failed to provide the evidence requested?

 

It is they who are avoiding 'the overriding objective'.

[robjam1969]

Thanks Guys

 

Just what I need. Of course they are saying they have provided CPR. It must be clear to them from my defence that they haven't.

 

Again they have provided me with a copy of the letter to the court but no disclosure of any of the documents themselves.

 

Can I ask/demand them to provide proof of post? for both AQ and CPR

 

Cheers

[diddydicky]

Rob, when is the hearing date ? If you have more than 7 days then you can put in a response to their defence/witness statement.

 

Go through their fiction, point by point.. rebutting each point you feel is inaccurate pure fantasy.

 

Then pop along to your local court, with a covering letter to the Court Manager.

 

 

 

Dear Sir or Madam,

 

Claim Number

Claimant v Robjam

Hearing Date XXX @ XX am/pm

 

 

In respect of the above hearing and with due regard for the overriding objectives of the CPR.

 

I respectfully request that the attached rebuttal statement be put before the District Judge to be considered alongside Claimant's witness statement / Defence dated XX XX.

 

Yours etc.

 

Then pop a copy in the post to the Claimant

 

 

OR better still dont pop a copy in the post to the claimant and then when he whinges- tell him you are having problems with the post!! - i'm sure he'll understand!

[robjam1969]

OR better still dont pop a copy in the post to the claimant and then when he whinges- tell him you are having problems with the post!! - i'm sure he'll understand!

 

Tempting

[robjam1969]

Well that was quick

 

walked in to the court chamber, DJ said good morning, invalid default notice and case thrown out. Less than five minutes.

 

He basically said that my notice of rebuttal far outweighed anything that Tower had put forward. He aslo complimented me on my knowledge of default notice legislation.

 

Thanks to all those that helped and that sticky about a ' tale of a dodgy default notice'

 

Lets see if they want another go.

[indebtandharrased]

Looks like I am the first to say it, but WELL DONE.

 

Enjoy your weekend!

 

As your rebuttal was so effective, would you post it on here for other CAGGERS (like me!) to reference?

[robjam1969]

Thanks

 

To be honest it depends on the witness statement relied on by the opposition. I basically listed a number of untruths and comments relating to their statement. For example they mentioned serving a default notice and I pointed out that it was invalid. The basic layout of the form was as per the post kindly provided by citizen B.

Edited July 9, 2010 by robjam1969
Typo

[robjam1969]

I should have said that they chose to provide a witness statement rather than turn up in court.

[citizenB]

Robjam, I am so pleased to hear this. Well done you

 

Have a great weekend. Erm, what about costs ?

[robjam1969]

Thanks citizen b

 

The dj didn't seem interested albeit he didn't say no.

 

To be honest he seemed to want me out. He had read all the notes and dismissed the case before I had opened my mouth.

 

I think I will sleep on it.

 

Thanks for that rebuttal statement - maybe to the successes forum:D

[Guest]

nice one, well done. another victory re an invalid dn. roll on.

[Chipmeister]

Well done Robjam!!

[herbie171]

great news

[BlissfulIgnorance]

sorry to sound ignorant but i read this thread with interest as i could soon be in same position great help from people here. what id like to know please is what actually happens to the debt once its been struck out by the court, i think i get that no legal action can be taken to enforce the debt but i guess it still has to be paid back to someone?

[herbie171]

sorry to sound ignorant but i read this thread with interest as i could soon be in same position great help from people here. what id like to know please is what actually happens to the debt once its been struck out by the court, i think i get that no legal action can be taken to enforce the debt but i guess it still has to be paid back to someone?

 

Nope it's struck out no need to repay