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Bailey14117

1st Stop Recoveries - Claimform old Uncle Buck PDL

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2. I am aware of a company named Uncle Buck Ltd, which I understand to be a ‘payday loan company’ offering quick credit on a short-term basis. I have no recollection of there being monies owed or outstanding to this company. Therefore, I deny the alleged amount claimed.

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I would use Andy's wording. You're then saying you 'do not recall' having a contractual relationship, rather than a denial. It's up to the claimant to show that you did.

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Ok so I called the court and they have paid the hearing fee. Does this mean they intend to show up.

 

So I'll hand deliver the paperwork to the court today and send off the same recorded delivery to 1st stop recoveries.

 

How do you think the hearing will go?

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We can only advise Bailey...not see into the future:wink:


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Ok thank you, I'll let you know what happens next week.

All help really appreciated!

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You're on a winner in the fact that they have failed to comply with the directions for starters...as they have failed to disclose or issue a witness statement then they are prevented from relying on any documents and only able to rely on verbal testimony...which is considered hearsay.


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Ok so I called the court and they have paid the hearing fee. Does this mean they intend to show up.

 

So I'll hand deliver the paperwork to the court today and send off the same recorded delivery to 1st stop recoveries.

 

How do you think the hearing will go?

 

It's hard to say for sure whether they'll turn up - only time will tell.

 

There's a few possible scenarios that come to mind:

 

They may send a local 'rent-a-solicitor' who will act dumb when asked about the lack of information by the judge. Judge could dismiss the claim or adjourn to a different date and ask the Claimant to make disclosure.

 

They could discontinue after receiving your WS - saving themselves the cost of representation at court.

 

They could disclose something in response to your WS over the next few days - we then re-assess and decide on best course of action.

 

They may try to present stuff on the day - highly unlikely, and the judge shouldn't accept it anyway. But you should object straight away and stress the need to review and respond accordingly.

 

They may turn up and ask to speak to you in private before the hearing. Don't be intimidated. Given the circumstances, I personally wouldn't bother speaking to them as you have little to gain with such a strong case as things stand right now.

 

Again, as things stand, you will not need to say very much at the hearing. The judge will probably see the obvious holes in the Claimant's case and will just get stuck into them. If you do have to say anything, it only needs to be along the lines of - 'I don't know anything about the contract the clamiant refers to. Therefore, it is categorically denied.' If asked whether you dealt with Uncle Buck, just say - 'not that I can remember sir/madam.' Just keep it simple and put any thoughts out of your mind that you're going to be grilled. Deal only in evidence and known facts.

 

Feel free to post up any questions or concerns and we'll do our best to help. Andy is the expert and will keep you on the right track, but I've been in your position and know only too well all the worries that come with this sort of thing. In reality, there's nothing to worry about.

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Ok so I've heard nothing from them, no paperwork sent through.

 

Tomorrow is the day!!

 

Any further advice for tomorrow?

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I don't suppose you've checked with the court whether they've filed anything with them?

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With regards to them producing any documents or try to...you must intervene and remind the judge they have failed to comply with any court directions and therefore you request that they be disregarded and are inadmissible.

 

Refresh your self with CPR 3

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03

 

Best of luck and update your thread with the outcome...good or bad

 

Regards

 

Andy


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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I don't suppose you've checked with the court whether they've filed anything with them?

 

No but I can do that first thing. They paid the court fee.

Is it worth me calling them in the morning?

 

What f they haven't filed anything?

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Thank you Andyorch.

 

I will definitely intervene, the link doesn't work but I can refer back to my CPR request letter if that will be ok?

 

If they haven't filed anything do I still need to attend?

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Yes, definitely still attend whatever the situation.

 

It might be worth you ringing up in the morning just so you know what you're turning up to at the court. Plus, you can also post up here and ask for advice in the event that they've filed but not served the same upon you.

 

They might not even bother turning up, but you just need to prepare yourself for the worst case scenario - that being that they produce something at the hearing. Just state your objections calmly and as confidently as you can. Hopefully Andy will point you to the relevant part of CPR 3 so you can refer to that.

 

Best of luck!

 

Sham

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Link now working

 

Power to strike out a statement of case

 

3.4

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2) The court may strike out(GL) a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

© that there has been a failure to comply with a rule, practice direction or court order.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Any update on this Bailey?

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I have just had a similar experience with 1st Stop & Uncle Buck. One thing I'd advise checking is the alleged Notice of Assignment and Notice of Default - I spotted that the signature supposedly from Uncle Buck was identical to the one supposedly from 1st Stop and that the Default Notice was dated after the Notice of Assignment

 

From web research it seems to me that 1st Stop's approach is to 'carpet bomb' potential defendants using MCOL in the hope that many will simply not respond thus gaining them a judgment in default

 

My case was struck out as they did not turn up to the hearing, which again seems a common occurrence.

 

I have complained to the ICO & FCA - if you are in a similar position please also complain

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