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    • Sorry, I don't know what n244 is. I submitted a N9B and I scanned it here. I will search for N244 now and update. THanks! DEFENCESARAHSWOES00001.PDF
    • twill be even better tonight and already the KP is predicted further south than last night. incredible pictures from canada and australia on glendale . so big to me it was out of view to ne camera. gonna try a drone tonight too. dx
    • n244 is the imp one please we need everything inc exhibits but not statements. dx
    • the first dn was void as it only gave 14 days not accounting for postage time so you didnt get it with 14 days remaining hence the 2019 one. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] .............. there is not harm in filing our DN late SB defence now too. alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment . 1 The Claimant's claim was issued on dd/mm/yyyy.  2.The date last payment made was the dd/mm/yyyy   3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.  4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.  5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied. dx  
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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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I was wondering about the best way to go about this, as i didnt receive any thing from courts or council,or a letter from the bailiffs to say they would be coming.

 

Any help or advice would be much appreciated.

 

Thanks jennie

 

If you did not receive anything before a bailiff turned up then you need to appeal the PCN, a form TE7 and TE9. This is called an "Out of Time Statutory Declaration".

 

If a bailiff levies on goods or a vehicle after sunset the levy is void and any fees paid can be reclaimed under Throssell v Leeds City Council [1993] Leeds county court, case no.9350977

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If you did not receive anything before a bailiff turned up then you need to appeal the PCN, a form TE7 and TE9. This is called an "Out of Time Statutory Declaration".

 

If a bailiff levies on goods or a vehicle after sunset the levy is void and any fees paid can be reclaimed under Throssell v Leeds City Council [1993] Leeds county court, case no.9350977

Where does it state that in Statute? Or are you saying is it inferred by Common Law?

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Sorry but I must correct you.

 

In the case of Michael Throssell and Leeds City Council the District Judge most certainly DID NOT rule that a levy after sunset was void.

 

 

You are absolutely right tomtubby, sorry it took me a while to get court records for this case.

 

After reading it, I am curious why you say the plaintiff's first name is "Michael". Can you point the source of your information?

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You are absolutely right tomtubby, sorry it took me a while to get court records for this case.

 

After reading it, I am curious why you say the plaintiff's first name is "Michael". Can you point the source of your information?

 

 

It matters not if he was called Tom ,Dick or Harry the most important factor was the Judgment, dont you think?

 

WD

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You are absolutely right tomtubby, sorry it took me a while to get court records for this case.

 

After reading it, I am curious why you say the plaintiff's first name is "Michael". Can you point the source of your information?

 

 

His name is Michael Throssell and this is the name that appears on the full Judgment ( which I have a copy of). I also corresponded with him a while ago.

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The plaintiffs name is different from the one in post #20.

 

I need to go to spec savers as #post 20 gives no name....you appear to have a fixation to calling Tomtubby into question? strangley enough I keep asking myself why do you remind of a former cagger happy contrails aka nintendo aka fork it aka aka aka ?

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I need to go to spec savers as #post 20 gives no name....you appear to have a fixation to calling Tomtubby into question? strangley enough I keep asking myself why do you remind of a former cagger happy contrails aka nintendo aka fork it aka aka aka ?

 

 

snap that makes 2 of us

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snap that makes 2 of us

Now you come to mention it, the tone of the posts is reminiscent of those of Fork-it

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I need to go to spec savers as #post 20 gives no name....you appear to have a fixation to calling Tomtubby into question? strangley enough I keep asking myself why do you remind of a former cagger happy contrails aka nintendo aka fork it aka aka aka ?

Personally I think TB Law is a first year college year student trying to show how clever they are, but is failing miserably! Why they keep questioning some one like Tomtubby who is very experienced in these matters is beyond belief.

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TB Law. I am really confused here. Last evening at 21.24 you stated in your post "can you point to the source of your information". Less that 2 hours later I posted back to state the following:

 

His name is Michael Throssell and this is the name that appears on the full Judgment ( which I have a copy of). I also corresponded with him a while ago.

 

For you to say this morning that the "source" still remains elusive is frankly baffling.

 

This particular case is so very well known and as far as I know, the full Judgment is readily available to all CAB staff and other advice agencies. In fact, at the time of this case, Mike Throssell was a part time student and working at an advice agency !!

 

I have been given permission by Mike Throssell to copy the Judgment to anyone who is interested in reading it.

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15 posts later still no source.

You surely have the PM facilty TB?

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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TB Law. Have you not read my post number 33 ?

 

I am worried as to the reason WHY you are asking me to give you the SOURCE and also your comment that the "integrity of the source is crucially important".

 

This is a very common judgment and one that is readily available. I have had a copy for probably 5 years or so. John Kruse refers to this case very often in quite a few of his books.

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