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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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balina2

Lowell/shoe's Claimform - EGG Pers Loan

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Thank you for your advice and I will also put in the SAR

 

In the meantime, I confirmed back to S-miths that, as they stated, I have responded to their requests for further information (those that are relevant and pertain directly to the matter). I have also provided sufficient evidence of this debt being statute barred, as per my defence (dated Jan 2017) and its accompanying Exhibits. I said their organisation asked me for further information via email and I responded in kind. I said that their statement that this is insufficient as per Part 18 is denied as a result and I would expect that the matter falls actually not under Part 18 but Part 27.

Their response

 

As set out in my email below, your response to my client’s Part 18 request for further information is spread out over a number of emails. It is incoherent and insufficient for the purposes of Part 18.

 

 

For your convenience, I provided you with a copy of my client’s request with space for you to detail your reply. I attach a further copy and ask that the document is completed and returned to me, by no later than 4pm on 24 January 2018. In default, I will have no alternative but to seek an Order from the Court, compelling you to provide a sufficient response.

 

You suggest that the matter falls under Part 27 and not Part 18. The matter has been allocated to the small claims track, the procedure for which is set out in Part 27. Part 18 covers requests for further information.

 

 

Should I ignore them at this point?

 

And is there anything else I should be preparing for the hearing (SAR evidence if received in time)? My defence from Jan 2017 has already been received by the Court and S-smiths.

 

Thank you again.

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Already covered in my last post...#198...CPR 18 is not applicable to Small Claims Track...Fast Track only.

 

Already advised what you need to prepare and submit and serve in preparation for the hearing...your WS and Disclosures as per the Notice of Allocation.


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eh! they know/confirm its been allocated small claims yet they still want part 18! and you even pointed them to part 27 which confirms 18 doesn't apply in smalls. or am i missing something (was it court ordered?). are you up against a new paralegal/trainee :)

did you see andy's post re 18.


IMO

:-):rant:

 

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Hi, I wanted to update on the result of the hearing today at small claims.

The Judge ruled in Shoosmiths/Arrows favour and awarded full claim plus costs.

 

The focus of the hearing was actually not on my defence but was a quite personal line of questioning about why I had defaulted, why I had spent certain monies on the bank statements I had provided.

 

The bank statements showed that I had not made the payments that Arrows had claimed I had but this seemed to be of no interest to the Judge who instead asked me about why I had spent money in Morrisons and John Lewis but had failed to keep up payments on my loan.

 

Her summary was that my defence was not unreasonable but that she was making a judgement on the balance of probability which has a threshold of 51%.

No parts of my defence were discussed.

All in all it was very much a huge verbal and financial slap round the chops for having defaulted on a loan, disregarding the fact it is statute barred.

 

I am minded to appeal the decision but I have no idea whether this is possible/advisable.

 

I am also unaware of the best approach to negotiating an installment plan with them so any advice here appreciated.

 

The Judge rather unhelpfully advised that if she were to do this today it would be recommended as £400 a month, even though she had no knowledge of my current financial status/earnings/outgoings etc

You can see I find the Judge somewhat prejudiced......

Edited by dx100uk
spacing

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opps you hit judge lottery.


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