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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the xx/xx/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the xx/xx/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, xx/xx/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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JC/Moriarty claimform - Old talk talk home phone/broadband account.***Claim Dismissed***


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Claim No. xxxxx

BETWEEN:
Claimant:
JC INTERNATIONAL ACQUISITIONS LLC

AND

Defendant:
xxxxxx

I xxxx, being the Defendant in this case would like to bring to the judges attention the following:

1) I believe that the claimant in this case has failed to comply with paragraph 1 of the notice of allocation to the small claims track (hearing) dated 26 March 2019.

I have not received any witness statements nor any other evidence which they rely upon.

2) as stated in paragraph 2 of the notice of allocation to the small claims track (hearing) dated 26th March 2019 failure to comply with paragraph 1 that failure to do as ordered the case will be struck out.

 

3) Persuant to CPR 3.8 (1)

 

Where a party has failed to comply with a rule, practice direction or court order, any sanction for failure to comply imposed by the rule, practice direction or court order has effect unless the party in default applies for and obtains relief from the sanction.


Statement of Truth

I, xxxx, the Defendant, believe the facts stated within this Statement to be true.

Signed:

Dated: 08 May 2019

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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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Thats the usual statement they use in all claims.....no reference to your defence or justification of the fee levied for breakage of contract....and the usual CPR 27.9(1) none attendance.

 

No opposition at your hearing so you chew over the fee charged and expand on your defence with the District Judge.

We could do with some help from you.

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My wife is struggling to get the time off work, is there any way I can represent her or doe sit have to be her? Also if it does have to be her and she can not get the time off what would we need to do.

Regards.

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She must go and she 'll win if she does 

And get £90 costs if she's clever!

 

no you cant go in place.

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

My wife is today again trying to get next wednesday off for this hearing.

She is really panicking as she has no clue what to say or do etc and shes quite a shy person.

I am just going over the defence and ws and trying to pinpoint out exactly what they have not complied with or what she needs to say.

Regards.

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She wont really need to say much .....just smile and present her witness statement.If she does not attend you will lose.

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

 

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might be cheaper to go sick from work then..

 

although in the back of my mind im sure theres a case with moriarty here that the oh turned up at the hearing as they don't and we won?

anyone?

is it worth dave going anyway..could it work?

 

 

 

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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Claim is £235......CCJ for 6 years....a days lost pay £?....... and possible reclaim of £90 for time off work.

 

What kind of employer is this that wont allow time for for court attendance ? 

And the hearing will only last 15 mins tops

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

 

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She works in a special needs school and really short staffed and due to them getting 13 weeks off paid during the year they dont like people taking time out.

Obviously because shes been going on about getting time off if she phones sick looks obviously and way they gone on wouldn't surprise me if they pulled her in for it.

Luckily it's a small amount (still alot to us) but we will just try and borrow it from family and pay it off straight away if needs be to save getting a ccj as I believe if you pay within 28 they dont log ccj?

 

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go above their heads

I had too.

in education..it could well be that a CCJ would be bad for her future DBS etc employment checks .

you having to pay it to stop that is wrong.

 

many years ago I wrote to the relevant education authority stating xxx establishment was refusing me time off.

and that was unfair as if I got a CCJ i'd obv lose my job.

 

it was sorted in 24hrs.

 

dx

 

 

 

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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You should send a letter utilising  CPR 27.9(1)  same as the claimant used....simply copy theirs and file...must be with the court 7 days before and served on the claimant.

 

 

27.9

(1) If a party who does not attend a final hearing–

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

(2) If a claimant does not –

(a) attend the hearing; and

(b) give the notice referred to in paragraph (1),

the court may strike out(GL) the claim.

(3) If –

(a) a defendant does not –

(i) attend the hearing; or

(ii) give the notice referred to in paragraph (1); and

(b) the claimant either –

(i) does attend the hearing; or

(ii) gives the notice referred to in paragraph (1),

the court may decide the claim on the basis of the evidence of the claimant alone.

(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out the claim and any defence and counterclaim.

 

 

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

 

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IN THE COUNTY COURT AT xxxx

CASE NO: xxxx

BETWEEN JC INTERNATIONAL ACQUISITIONS LLC – CLAIMANT AND xxxx – DEFENDANT

 

NOTICE PURSUANT TO RULE 27.9 (1) OF PART 27 CPR

The defendant hereby gives notice that it will not attend the hearing on 19th July 2019 at 2:45pm and further gives notice that the defendant has served all documents upon which it relies on the claimant and has filed such documents with the court and hereby requests the court to decide the claim in the absence of the defendant and the defendant confirms it has complied with rule 27.9 (1) (a) and (b).

To: The claimant and to the district judge.

xxxx Served this 17th day of June 2019 by xxxx the defendant.

 

Done this but dont think I can put the bottom bit as we have not given 7 days notice.

How would you edit it. I will take it into the court today or email it.

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Email a copy to the claimant today and file with the court ASAP

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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Your choice.....is it far away...do they accept documents over the counter ?  Ring them.

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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