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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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carter/lowells claimform - o2 debt***Claim Struck Out***


neil24103
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contacted court and claimant has not filed witness statement. told its too late for them to submit so judge will not allow and they cant issue directions just make sure I turn up at court on date and time stated

 

:becky:

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Then Loweels should be issuing the N434..change of Solicitor.

 

And also act under CPR 42.2 and 42.3.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part42#42.2

 

Unless of course they intend discontinuing their claim

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I,ii ring courts on Monday... can they do this at this late stage ?

 

Yes as long as its done as above.

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Just keep an open eye on any movement neil...if they try to proceed using their own Sols...you need to advise the court...but Im sure the Court would pick this up if they did.

 

Andy

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still no change.... so as they have failed to send a witness statement = default/assignment/agreement to me or the courts should I just push no the no doc to back up my defence ? (in court Thursday)

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Just attend the hearing neil...as soon as it kicks off inform the court they have failed to comply with the directions as set by that court and they have failed to inform the court the current representation as ceased and you understand that they have failed to inform the court of any change in representation pursuant to CPR 42.2 and 42.3.

 

Claim should be struck out.

 

Regards

 

Andy

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Don't forget to mention wasted costs should be awarded to you.

 

Take a letter of complaint regarding Mr Carter to the court and hand that in too. I believe he once boasted about being the biggest user of Northampton Bulk Court so they should have a copy of this letter too.

 

Good luck for Wednesday.

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as the hearing is tomorrow

 

 

I contacted the courts today to see if Lowell,s had filed anything .

 

 

the clerk said they had received nothing since they filed there DQ in dec .

and that was only after they received a sanction for not filing on time.

 

 

they,ve not received anything to confirm carter has returned the account back to Lowell.

 

 

or any documents to support their claim

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as the hearing is tomorrow I contacted the courts today to see if Lowell,s had filed anything . the clerk said they had received nothing since they filed there DQ in dec . and that was only after they received a sanction for not filing on time. they,ve not received anything to confirm carter has returned the account back to Lowell. or any documents to support their claim

 

Should be a walk in the park tomorrow then:-)

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would this do for the judge tomorrow ?

 

  1. The claimant and their solicitor have failed to comply with the directions of the court as ordered.
  2. The claimant and the claimants solicitor have also failed to inform the court that the account had been returned to the claimant by the solicitor on letter received 25/02/16
  3. The claimant has also failed to supply any documents to support their claim. ie. Default notice/notice of assignment/agreement

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amended

Summary

 

  1. The claimant and their solicitor have failed to comply with the directions of the court as ordered.
  2. The claimant and the claimants solicitor have also failed to inform the court that the account had been returned to the claimant by the solicitor acting for the claimant in accordance with cpr rule 42.2 42.3 . letter received 25/02/16
  3. The claimant has also failed to supply any such documents to support their claim. ie. Default notice/notice of assignment/agreement

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The claimant and their solicitor have failed to comply with the directions of the court as ordered IE Standard Disclosure and exchange of witness statement.(CPR 27)

The claimant and the claimants solicitor have also failed to inform the court that the account had been returned to the claimant by the solicitor acting for the claimant in accordance with cpr rule 42.2 42.3 . letter received 25/02/16

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The above is all you should really need to state.....best of luck neil....let us know how you get on.

 

Andy

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