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    • Actually you making me go back and double check the Arnold Clark thing rang a bell and the trust took all the payments off my wages. 2 months £111 & 2 months at £115. Im fairly sure that means its paid off?
    • nothing to be scared about at sll... what are you scared over ... lets get that out the window then p'haps we can be given some logical answers as this is all mad. who is the owner on the cars v5c document?..have you got a copy of it? when someone get's a pcn, it will go to the registered keeper of the car, (as whomever issued the pcn will log a reg number, then ask the dvla whom is said person on their database for a fee)  if the RK are a lease company, the lease company should inform the pcn sender of the details of the named HIRER.  the pcn issuers then must reset everything and write a new pcn to the stated hirer including a copy of the relevant hire agreement. if the hirer was not the driver, then they should write back to the pcn issuer stating who the driver at the time of the PCN was. the PCN issuer should then reset everything again and sent a new pcn to the named driver. thats how things work by LAW. if someone in one of the stages has messed up then any pcn is void. lets just assume that the nhs trust is the hirer, the nhs trust just cant payt any pcn they get whereby they know the driver was you and then dock it from your wages!! thats THEFT!! any PCN is solely a matter between whomever was the DRIVER and the PCN issuer, NOTHING to do with any hire company who should be transparent. nothing to do with your employer the hiree, they should be transparent.  now if the pcn issurer has written to the DRIVER and they fail to pay a PCN , eventually the registered keeper ONLY could be held responsible. but that doesnt fit any of your PCN's esp this one!! neither should pay anything to anyone not doc your wages nor add admin fees. again something is not right here. dx   nothing to do with    
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    • Ok this email was sent with it and the trust have been claiming something off my wages for ages (i did warn you i was bad)  Please find attached a copy of a parking notice that has been issued against your lease vehicle.  we would encourage you to take immediate action to prevent the notice escalating from £50.00 to £75.00 on 31st January 2024.  All information is contained within the notice including instructions on what to do next.  Please note if you do not pay this fine or an appeal is denied and  receive a further notice, the value of the further notice will be paid in full and you will be recharged the full amount, including any increased fees/administration costs. I work for an nhs trust who i lease my car from. They get their cars from a number off agents, mine is from Arnold Clarke. I am the leaseholder, the renter of said car, the NHS trust/Arnold Clark is the owner. Apologies as i mentioned, im new to this, totally unorganised and grieving tbf doodoo scared.  I really appreciate the help 
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Building management dispute due to the loss of my parcel and small claims court process .


Kiss21
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Hi to all.

 

I am going to try and keep this very simple and brief.

 

I was sent a package/gift by my relative. So it was not a online purchase or any of that sort

 

The item was delivered to my apartment complex via Royal Mail signed for service and was received by the concierge who signed for the item and made a log of my parcel and put in a delivery note via my letter box. However when I went to collect my parcel it had disappeared from a secure parcel room. I am not here blaming the concierge stealing the package all I am saying it just disappeared.

 

I spoke to the building management and put in a formal complaint.

I contacted the police also who could not do much at this point as no proof of who took the parcel.

 

I wrote endless letters of complaint to the building management company of my apartment complex.

Who ignored my complaint s and never responded.

 

I then did a subject access request for the office log sheets containing the acceptance and delivery of my parcel even then they ignored and after my letter to management stating I will make a complaint to the ICO they sent me the documents.

I then wrote to the CEO of the company and yet received no response.

 

I had no choice other than to seek financial claim of my missing item via the small claims court. £ under 5000 claim.

 

So

 

The Small Claims court acknowledges my claim and gave until 1st of October for the defender the building management company to acknowledge and put in a defence to my claim.

 

I rang the small courts/money claim centre on the 2nd of October who said they have received no information from the defendant however they are 5 days behind.

 

i had to wait until 7th to find out if they had received any correspondence.

I ring up on the 7th and yes they have not received any information.

 

I sent in via email a request for judgment by default on 7th October, received the confirmation email, but again it takes 5 days for it to go through.

The judgment by default was sent as the courts had not received any information from the defendant at this point of time.

 

On the 8th of October I received an email from the defendants solicitor stating that there is no contractual relationship between me and the building management, and my particulars of claim are not clear, (I have been extremely clearly in my claim form) and that the claim is misconstrued and vicarious and that the concierge company is separated and are hired separately and in so many words saying it’s not them and trying to shift blame, followed by giving me 2 options,

 

A)discontinue the claim

B) agree to an an extension for the defence to allow them a extra 1 month to put in a defence

C) And if I do not agree to a or B the building management company would file for a summary judgment strike out as the claim is vicarious. And giving me a 23 hour notice to respond via email only and to seek legal advice.

 

Note I received the email on the 8th at 9pm and was given less than 24 hours to respond via email only by 3pm on the 9th of October.

And the defendant will claim between £2500-£3000 In court costs and legal charges etc

 

In a panic and surprise that having not any response up to date and all of a sudden a letter from a solicitor o sort legal advice and was told by my legal team to continue with the judgment by default.

 

On the 14th of October I rang the court and was told the defendant on the 6th of October put in an acknowledgment of service but have until the 15th to put in the defence. So the judgment by default is not valid. But can put in another judgment by default if they don’t receive a defence.

That’s the basic of what is going on.

 

Now my question is can the defence claim legal costs via small claims?

What advice and help would you suggest.

What steps could you suggest I take as I am getting stressed out.

 

Thank you and all response will be appreciated.

Edited by dx100uk
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cause they cant its all hot air to frighten you off.

and serving it a day before and by email unless you agreed to such comms is immaterial anyway.

 

if they are responsible for the security of the area then they are your right target, regarding to whomever they subcontract to do the work there.

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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The building management company is responsible for day to day running/ maintenance etc of the building but do hire subcontractors.

E.g the security company to provide a concierge service.

 

No I did not agree nor reply to the solicitor s email.

They missed the deadline and as the courts are running 5 days behind I kept enquiring with the courts if I should request a judgment by default.

Which I did ,

 

The deadline was 1st October

 

I placed/request a judgment by default on 7th

 

However they sent an Acknowledgment of service on the 6 th so the judgment by default could not be processed.

 

the solicitor sent me a threatening letter by email giving me less then 22 hours notice on the 8th. I have not acknowledged this email.

 

They have until the 15th October to submit a defence.

 

I am thinking the worst here.

Could they request a summary/judgment strike out ?

Instead of submitting a claim?

 

Really confused as to what to do.

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today is the 29th..

they've lost the claim.

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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Share on other sites

what date did you file the claim?

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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Share on other sites

oh well

they have a total of 33 days from the date on your claimform to file a defence as long as they have done [AOS]

number 1 in the count being the date on the claimform.

 

they are only filing a defence

that will be pretty sparse I would expect [no docs are allowed at this stage]

 

exchange of documents [exhibits] doesn't come until disclosure stage [witness statement]

 

you've not even gone thru mediation yet.

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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Share on other sites

to save you extra Grief

block and bounce any emails from now on.

 

seems like they are not wanting to play fair.

 

though the defendant might not know what their solicitors are upto yet.

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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Share on other sites

Hi

 

I logged into to email account to block the sender,

however again I received an email from the defendants solicitor today this afternoon.

 

Claim that they have put in a defence to the court today to request for summary judgment strike out.

The defendant stated on the form putting in a request for a summary judgment strike out because the claimant claim discloses no reasonable grounds for bringing the claim against the defendant and the claim has no real prospect of succeeding on the claim and there is no other compelling reason why the case should be disposed of trial “

 

 

I am really confused by this as they also are threatening to claim costs.

 

It’s not a full defence.

 

Can you kindly please advise me of what steps I should take, I am just confused as to why they are putting in a judgment strike out without filling a full defence.

 

Any advice on this would be appreciated.

 

 

Thank you.

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Well they wont get summary judgment if its being requested within their defence...to request SJ it must be made by application separate to a defence to which it may then incur costs ..but would be fixed and only allowed if they were successful in their application.

 

Any request to strike out or summary judgment should be made prior to allocation.

 

With regards to your claim....it will hinge on if you have named the correct company (defendant) and there is a relationship between you and them...even if via a third party.

 

 

Andy

We could do with some help from you.

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please just type no need for reply with quote...

 

they are two sep things..

 

you cant defend a claim by just saying you want a summary judgement because of XYZ.

.they must defend the actual claim you made in the particulars of claim you provided.point by point

.not just say they want a SJ and because your defence is..XYZ..and proves to have no merit.

 

do you have a copy of it yet?

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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Yes that makes better sense.

 

 

I have only received a copy of the application notice N244 and a covering letter by the defendant solicitor via email. I have not received anything other than these documents.

 

As far as I am aware the defendant had until end of tomorrow to submit a defence.

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Ok so will they have to put in a defence regards? Of summary judgment strike out. ?

 

They must submit a defence...otherwise you can request judgment after the given period.

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 OTHER

 

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

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Well in the covering letter the defendant s solicitor has stated that they are requesting summary judgment strike out in place of the client (defendant) defence.

 

I guess that is just an invalid submission to a defence.

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I would suggest they've not filed anything other than the SJ?

is it day 33 yet?

 

date your submitted the claimform is 1 in the count

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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Share on other sites

Check with MCOL see if they have submitted a defence (you can check on line the status if you issued on line ) also ask if they have made any applications.

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 OTHER

 

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

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

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  • 2 weeks later...

hi All,

 

A little update on what has happened.

 

I rang up the small claims court to enquire as to what the status is with my case. I was advised that the defendant have not filed a defence however have made an application for summary judgment strike out.

 

My question is can the case be struck out without a hearing or would a hearing be the next step? Would I get a chance to file a defence to my claim before it gets struck out ?

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Have you been served a copy of the N244 application and statement in support of the application ?

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 OTHER

 

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

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

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