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    • So there's no tax payable anyway.... nothing to see here!  
    • are you actually going to benefit out of this at all?   I was slightly getting confused here earlier, and forgot you said you are the claimant because you are suing the defendant for the cost of a hire car that you personally haven't had to pay for ?    
    • I received PCN's from TFL and Southwark. 08/06/19 I spoke with Southwark regarding PCN's and thought it was sorted.   Didn't hear anything back until 17/01/20 when my car was taken by Marston EA. TFL & Marston say they sent letters but have no proof.   I emailed TFL (19th June) through their online portal and again, via email on (14th Nov 2019) < the email on 14th has been viewed 17 times but no reply. (so I have proof of contact, they don't) I asked them if they send via recoded delivery/signed for but they do not.   When my car was taken, I received a call from a friend saying it's on the back of a truck, outside his house (which is round the block from mine). I ran round there and the EA was aggressive, shouted at me and refused to show ID/why he had taken my car.   I complained to Marston who denied it but sent me some of the footage. I complained again through resolver.co.uk and Marston lied again. Then I sent ALL my info and evidence etc.   took a few weeks and called me saying sorry and taking full responsibly for their EA's aggressive behaviour etc. TFL are still refusing to comment.   Marston offered me £250 as a goodwill payment but obviously the pain and trauma causes - that doesn't cover it. The police were called when they took my car cause I was so distressed and having a panic attack etc.   I've requested the phone call recording where they accepted guilt and that they had handled everything badly, including lying about the video on Resovler. I feel like Marston know they've done wrong, but TFL still aren't in the know. (to my knowledge)   Also, I requested info from TFL via whatdotheyknow.com and TFL did a data protection breach by uploading my full details including address etc. to a public forum (and I didn't even ask anything specific about my case) so I feel like they did this out of spite/anger.   the www.whatdotheyknow.com team reprimanded them for this and advised me to complain. I also paid £800+ to retrieve my vehicle and I have completed the OOT which was denied. I tried to take it to court but when I tried to do the 'low income' thing but they wanted bank statements which I couldn't get... then corona happened.   I've downloaded/uploaded the ZIP file from Resolver convos.   Regarding the footage: my initial message to them, I made myself seem unaware and 'stupid'   they wrote a generic reply telling me that 'the footage is fine and the EA did nothing wrong' they can't uphold my complaint,   then once they sent that; I sent them the CIVEA rulebook and timestamps in the video to show that they were in the wrong and had further lied in their official response (which must be illegal)   when they received the in-depth response, I think they got scared, went away for a couple weeks   tried to get the nice sounding woman to call me up, say sorry and be really nice then offer me a measly £250.   She also tried to rush me into agreeing.   
    • No it was about under by a couple grand.    Cheers
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beerme1664

Missed Claim form deadline, anything I can do?

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Hi all, due to a massive cock up by myself I have missed a claimform deadline and judgement has been issued according to MCOL, this was because I went on holiday and was too late when I got back, yesterday....completely my own fault!

 

Is there anything I can do?

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did you not defend all

what date is top right claimform?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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As I said, missed it.....miscalculation on my part and was too late...date on cf was 06/07/17

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only set aside then?

 

has the judgement for claimant letter not come through yet?

 

that's was stupid

why didn't you start a thread about it we could have reminded you


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Yep, my own fault...too much going on, change of job, (start new one Monday), one of many things dividing and conquering my time.

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Would nice if you concluded the others claim threads here too

We don't mind helping but...


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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They are still ongoing, both will conclude in the next 4 weeks or so....

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please go and update them please.

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Irregular Default Judgments

 

The law distinguishes between two types of default judgments: “regular” and “irregular” judgments. A default judgment will be irregular if it has been entered when:

 

• The defendant has filed an acknowledgement of service or a defence;

The time for filing the acknowledgement or defence has not yet expired;

• The defendant has made an application to strike out the claim or for summary judgment;

• The defendant paid off the whole claim, including any costs and interest, before judgment was entered;

• The defendant has filed an admission to the debt and asked for time to pay.

 

A default judgment entered in any of these circumstances is not valid in law and the court must set it aside.

 

 

Consequence of not filing an acknowledgment of service

10.2 If –

(a) a defendant fails to file an acknowledgment of service within the period specified in rule 10.3; and

(b) does not within that period file a defence in accordance with Part 15 or serve or file an admission in accordance with Part 14,

the claimant may obtain default judgment if Part 12 allows it.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part10#10.1

 

Regards

 

Andy


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Irregular Default Judgments

 

The law distinguishes between two types of default judgments: “regular” and “irregular” judgments. A default judgment will be irregular if it has been entered when:

 

• The defendant has filed an acknowledgement of service or a defence;

The time for filing the acknowledgement or defence has not yet expired;

• The defendant has made an application to strike out the claim or for summary judgment;

• The defendant paid off the whole claim, including any costs and interest, before judgment was entered;

• The defendant has filed an admission to the debt and asked for time to pay.

 

A default judgment entered in any of these circumstances is not valid in law and the court must set it aside.

 

 

Consequence of not filing an acknowledgment of service

10.2 If –

(a) a defendant fails to file an acknowledgment of service within the period specified in rule 10.3; and

(b) does not within that period file a defence in accordance with Part 15 or serve or file an admission in accordance with Part 14,

the claimant may obtain default judgment if Part 12 allows it.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part10#10.1

 

Regards

 

Andy

 

 

Hi Andy... the part in red;

What happens if the Defendant doesn't acknowledged a claim within 14 days, but defends on time?

 

This happened to me last year and whist the court at first entered judgement by default,

the defendant stated that they did file an acknowledgement on time.

 

 

They produced a certificate of service, and the court overturned the default judgement.

 

I think the fact that you are not required to send documents by recorded delivery means that you could, if you were dishonest, just backdate the certificate of service, etc. TB

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If its running through MCOL then you cant submit a defence on line without acknowledging service first..unless the defence is submitted manually.

 

The time for filing the acknowledgement or defence has not yet expired;

 

Unless acknowledgement of service is made you dont get the extra 14 days to submit a defence therefore you deprive yourself of the full 33 days and restrict your self to 19 days (14 +5).Therefore the claimant can request judgment anytime after 19 days of service of the claim.

 

Im sure that providing an application is made promptly and a valid defence offered a set a side would be granted on this Default Judgment

 

Regards

 

Andy


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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If its running through MCOL then you cant submit a defence on line without acknowledging service first..unless the defence is submitted manually.

 

The time for filing the acknowledgement or defence has not yet expired;

 

Unless acknowledgement of service is made you dont get the extra 14 days to submit a defence therefore you deprive yourself of the full 33 days and restrict your self to 19 days (14 +5).Therefore the claimant can request judgment anytime after 19 days of service of the claim.

 

Im sure that providing an application is made promptly and a valid defence offered a set a side would be granted on this Default Judgment

 

Regards

 

Andy

 

 

Thanks, Andy

 

TB

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