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    • I left Dubai 8 years ago and intended to return. However a job prospect fell through. I’d been there for 15 years. I decided to pay my credit card and the bank had frozen my account. There is no means to pay the CC so completely unable to pay when I wanted to other than the bank advising me to ask a friend in the UAE to pay it on my behalf!  fast forward bank informs there is a police case against me for non payment. Years later IDR chased me and after months/ years they stopped. Now Judge & Priestley are trying their luck. Now I have received an email in English and Arabic from JP saying the bank has authorised them to collect debts. Is this the same as IDR although I didn’t receive anything like this from them. Just says they are authorised?
    • The neighbour's house is built right on the boundary so the side of their house is effectively the 'wall' in our garden separating the two properties. It's a three storey house and so the mortar poses a potential danger to us. Because of the danger, we have put up an interior fence in our garden to ensure we don't risk mortar dropping on us. That reduces the garden by 25% which is not only an inconvenience, but it's the part of the garden where we had lined up contractors to install a patio and gazebo which we will use for our wedding reception in less than 2 months. We have spoken to the neighbour's caretaker who is on the case, has spoken with a roofer and possibly a scaffolding company, but there are several issues. They don't seem to understand the urgency. As long as there is a risk of falling mortar, we can't carry out any work in the garden, and unless they hurry up, we're looking at cancelling our wedding as it's not viable to book a venue because we can't use our own garden! Also, they want to put the scaffolding up in our garden which would be ok with us if it was a matter of a few days and they hurried up, but there is a tree (most likely protected by the conservation area), so most likely they can only reach part of the roof with the scaffolding if they put it up in our garden. We suggested a roofer with a cherry picker but they seem to want to use a company they've used before. Any and all comments, suggestions, advice is more than welcome.  PS. does it make any difference that the neighbour is a business (ltd) and not a private dwelling?
    • No apology needed, thank you for what you do I am glad to hear they paid. well done on getting back what is yours
    • Apologies all for the late reply and info, i have been away with the Army. They have paid I accepted the offer on the 5th of May, and they paid on the 17th of May.
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      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.
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Cabot/weightmans - claimform - Moneyway loan , i know nothing about


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You sure that's the Notice of Allocation....should look like the following....

 

N159

 

 

http://wbus.westlaw.co.uk/forms/pdf/cpf00139.pdf

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Ask the court (your local court) ..inform them you have not received the N159 (Notice of Allocation)...ask has it been served?

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  • 3 weeks later...

andy, I phoned the court and that was received and served.

 

Now, the latest.........

 

I think I have been stiffed!!!!

I have today received a letter from the court.

 

 

If I understand it correctly, the judge has gone in their favour without me having the opportunity to produce the evidence I have and have my say.

 

The letter says:

 

"IT IS ORDERED THAT

 

An order to be hereby granted in the terms of the said Annexed Minutes and that do stand as an order of this court"

 

The annexed minutes it refers to is I presume the copy of the claimants defence, a copy of which was enclosed.

 

I would appreciate it Andy, or anyone else who understands exactly what this means and what I can do about it.

 

 

Can I appeal?

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Without sight of the Order (verbatim) and the Annexed Minutes ...its very difficult to advise lovetobake...if you cant scan them in you will have to type them out (verbatim)

 

Regards

 

Andy

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Its only a response to your defence.....as you have blanked all the dates payments made its hard to determine if its statute barred...only you will know if what they state is fact.

The claim is proceeding.

 

Andy

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Well you state you have received the N159 (Notice of Allocation) that states what will happen from here on...directions ...dates ...etc,

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  • 3 weeks later...

I have now received directions and the judge has ordered that it will be a paperwork only hearing. I have to reply to accept a paper only hearing which I assume will be ok? If I want a proper hearing I have to write back and request one. I have to get my statement in within the next couple of weeks and any evidence.

 

Can I write my statement exactly how it is or do I have to word it in a legal way? if so, would there be a template on here that would give me some indication as I really dont have a clue!

 

thank you

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Paper hearing with regards to what......? The trial date or a CMC (case management conference) ?

 

I personally would want to be in person at any hearing that affects my case.......written evidence hearings do not outline the full matters of a defence.

 

There are no templates LTB for a statement a statement is your personal version of events and evidence that you will rely on in your own words...not something that can be a template.

 

Regards

 

Andy

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If you genuinely had no knowledge of any claim/agreement that could relate to this debt I don't think SB was the way to go. If you are aware of any financial commitmant around that time which could relate to this debt, albeit under a different name from moneyway, I'd be careful you don't dig a big hole yourself.

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Andy it says: "The judge proposes to deal with the claim without a hearing, that is, on papers alone but can only do this if all parties agree"

 

It then goes on to say that I should tell the court whether or not I agree to this by completing the bottom half of the form and send acopy to the claimant. I have already received a copy from weightmans saying they agree to it. I guess it suits them down to the ground so they dont have to attend.

 

What is your thoughts on this Andy, do you think I should say no and request a hearing? I have to do a statement with any evidence as you would a hearing so all I would say is the reasons why I think it is SB and also point out that cabot have failed to produce any paperwork and they letter they sent me says that they cannot obtain a judgement against me.

 

I dont have long to decide which way to go so I need to know the pros and cons so to speak.

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Panther, I hear what you say but it has already been done now.

the reason I put in a SB defence is because I have been married for 20 years

and the claim was issued in my maiden name.

 

 

So, if such a debt did exist, which I seriously think it does unless someone has used my identity,

then it would be SB and they are chancing their luck.

 

I have a letter received recently from Cabot stating that they cannot get a CCA

(to prove that I did actually take out a loan with moneyway)

so they cannot obtain a judgement against me and it is not enforcable

so why the hell are their henchmen going full steam ahead to court.

As I see it, its them who are digging themselves a hole.

 

I think I will ask for a proper hearing and I can explain everything to the judge in person.

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" I think I will ask for a proper hearing and I can explain everything to the judge in person".

 

Probabaly wise.

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Thank you andy, that is what I am going to do.

 

I have to write to the court and request an Oral hearing,

which I need to do pretty much straight away as there is a very short time scale to do this.

 

Who would I address the letter to

and would I just say following receipt of the Notice of Allocation I request an oral hearing?

 

Do I need to put anything else?

 

Sorry, I seem a little thick but I dont really have much idea.

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Using the notice provided.....

 

" It then goes on to say that I should tell the court whether or not I agree to this by completing the bottom half of the form and send a copy to the claimant."

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  • 3 years later...

So how did this end?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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as you are now back online with us with another claim

how about updating this one?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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good correct thank you

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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