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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
    • hahah except I can't locate the courier to frighten them with it hahaha   
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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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Payday Overdraft Andrew hart Help Please :) - ***Won***


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If he does it again and doesnt turn up, ask the judge to issue a summons for questioning. If he doesnt turn up and explain himself then, he will have a guaranteed short jail term.

 

the judge might grant it too since ot would be the third time he has made a mockery of the court system and tried to gaina ccj on a bad debt.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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I expect he never truns up at court because he only issues court papers in the hope you will get scared and not defend, that way he gets a CCJ by default and then requests a warrant of execution.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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42man, Andrew hart is very well known for doing this. he inflates the debt to obscene amounts, then when he knows the debtor is panicking, or doesnt know their rights, he starts court action, which inevitably leads to a CCJ as the majority of people have no clue about court forms, and then on to warrant of execution. It's how he made himself a millionaire and is now going into property development/management.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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as i said earlier if he doesnt turn up, reference this forum to the juge and ask him to issue a summons for questioning.that forces him to appear and explain himself. If he diesnt turn up then its a guaranteed prison term for him for contempt of court.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I was always under the impression that if you didnt appear for a summons that it was classed as contempt of court which means a short sentence.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Update

 

 

Got letter from court today, well 2 letters,

 

One saying claim was struck out but,

 

Andrew Hart faxed the court the day before before at 4pm saying of non attendance, and said something and this is some of the courts reply to him

 

 

"Your communication of 21/08/2012 was put before ( the judge ) after order made at 10:05hrs. The court draws your attention to CPR 27.9 requiring the giving of at least 7 days written notice of the non-attendance and this with reference to the 3rd paragraph of your communication.If you with to pursue matters, you can make the appropriate application supported bv evidence".

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Haha he got called out by the court and theyve told him if he wishes to pursue, he needs to submit a new claim.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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