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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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mmalik

Received ccj for SB debt in Scotland

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Hi,

 

I am in a similiar kind of situation. I have signed a consumer contract back in sept 2004 and moved to scotland in 2005. I did not receive any thing or acknowledge anything for over five years to my creditor( I am living and working in scotland for over five years too) I have a county court judgment made against me two days ago for not paying to the creditor. In the judgment it is said as the contract was signed in the england therefore the english prescription law (which is six years) applies and i m liable to pay the money. Any advice???

Thanks

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Hi All,

 

I have signed a consumer contract back in sept 2004 and moved to scotland in 2005. I did not receive any thing from the creditor or acknowledge anything for over five years to my creditor( I am living and working in scotland for over five years too). I was residing in england when the contract was signed in sept 2004. I have a county courtlink3.gif judgment made against me two days ago for not paying to the creditor. In the judgment it is said as the contract was signed in the england therefore the english prescription law (which is six years) applies and i m liable to pay the money. Any advice if limitation and prescription act scotland applies in this matter???

Thanks

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Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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mmalik suggest you start your own thread for this as it is obviously getting missed here. You can get this overturned because of jurisdiction but I don't know how to go about it. If you repost a new thread with your problem someone will give advice like they did for me. I won and got them off my back. You can too.

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Hi mmalik.,

 

Did you do anythign when you received the court papers?

 

i.e. did you respons or send any letters?

 

what court granted the ccj or was it a decree that was granted?


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Hi,

 

I have been issued CCJ in England in July 2010 when I was living in Scotland for over five years without any contact from my creditor. I appealed against the judgement but it was dismissed on the ground that I was living in England at the time of contract. I agreed to pay the creditor £70 a month, paid a few installments but then I could not pay further installment. My creditor and their solicitor did not respond. For last 10 months or so I have not paid any installment and my creditor and solicitor are both silent. Also I checked my credit file from Experian and it does not have any entry of CCJ. I m just wondering what is my status on CCJ and can my creditor contact me and demand the full money or what can be the worst case scenario?

 

thanks,

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Hi,

 

Could you explain the history of this debt, a sort of timeline of the events that led to the ccj where you were staying ect.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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thanks for the comment.

 

 

Please refer to the following thread for detail.

 

consumeractiongroup.co.uk/forum/showthread.php?270421-Debt-in-England-but-moved-to-scotland-five-years-ago&p=3058816#post3058816

 

Also to add in my thread I have searched trustonline.org.u to find if any CCJ is recorded on my name but found that nothing is registered on my name. Also checked checkmyfile.com and not found any CCJ on experian and equifax.

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Three threads merged.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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