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    • So with a long working history, which she can evidence, it should not be a problem. Still have to go though HRT process for any benefit application, if they have been out of the UK for more than 6 weeks. It won't be a smooth process though. Suggest they try to get advice via Embassy, before they start any journey.
    • Dep Thx Eric's Brother. There was a person on this forum who told me his case was thrown out at the same court because of the contract. I requested more info, but he has disappeared since his case was dismissed.  I was just wondering whether it was worth whacking off a letter to IPS pointing out one of their members, using their logo, is making a claim based on illegal signage and other issues in contravention of their Code of Practice. Would they lean on VCS to withdraw, do you think?
    • Mother and father worked here and then went to SA in about 1978 returning to UK in about 1996 and worked here until 2016 when her husband died at age 66.  He was still working at the time.  She then went to live with daughter in SA.  Mother only claims for her pension. 
    • Thanks, I owe the money, no issue with that, I will SAR the company.  If I need to just pay it and have the CCJ for a few years so be it.  Just thought I'd explore all options
    • By the way you wrote that post, i can see that you are as confused by the situation as someone reading it. Important advice must be not to pay for any flights etc, until they understand the situation fully. Those that have British passports could be entitled to receive UK benefits. However, nothing is that straightforward. The passport does guarantee anything. The daughter could be entitled to Universal Credit ( which includes housing) as a British passport holder, but this can only be confirmed when she has gone through the Habitual Residency test (HRT). So you will need to read about HRT for British passport holders returning to the UK. There will be requirements to provide information about why they are returning to the UK and what work searches have they done to find work on their return to the UK. In regard to the mother who has a British passport, you will be correct in presuming that no council is going to be helpful in paying for the care home fees immediately on arrival in the UK. When did the mother last live in the UK ? When did the mother last work in the UK ? British embassy in South Africa may be able to provide information and assist with applications ? Just getting on a plane, landing in the UK and expecting help to resolve their situation, would be a silly thing to do. I can see the mother ending up in an NHS hospital for a period, while people wondered how they were going to deal with the situation. Probably not the first to do this, but if the mother also has a South African passport, they could put her on a plane back to SA and then the Daughter would be a difficult situation. Embassy in South Africa must be first place of advice.
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Karalius

CEL ANPR PCN claimform - no permit -Fox restrnt Connault Hse Hotel Lynx way Lon E16 1JR ***Claim Discontinued***

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Yes you must file and serve it otherwise your defence will be struck out.

 

A1 = No

D1 = Your Local County Court.

 

Andy


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Thanks Andy, just filled it out and will send both tomorrow to CEL and courts.

 

Much appreciated, have a good evening. 

 

I'm sorry, just another question - When serving this for CEL, do I just photocopy the form N180 and send it, or does defence have to be included also?

 

Thanks 

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Why photocopy ...use the link I have provided above and print three copies after completion on your PC/Tablet etc. No you dont send a copy of your defence with a Directions Questionnaire ...they have already have copy of your defence when you submitted it and served a copy on the claimant.


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just remember don't give CEL your pers details on their copy 

remove email/phone/sig


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

 

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Good morning,

 

I have received a letter on Tuesday dated 26 Oct that my case has been transferred to my chosen court for allocation and judge will allocate the claim and give directions.

 

Now, last night I have received a letter form courts also dated 26 Oct that says following:

The defendant, you have been sent notice of proposed allocation to track which specified the date by which you were required to return the directions questionnaire. You have failed to file the directions questionairre with the CCBC by the date specified in the notice.

 

IT IS ORDERED THAT

The defendant must file the questionnaire on or before 7 days from service of this order with CCBC via post, via document exchange, or via email @...

 

If the defendant does not comply with this notice your defence/counterclaim will automatically be struck out without further order of the court, subject to the claimant having complied with this order, the claimant will be at liberty to enter judgement.

 

Right... so I have sent out the questionnaire, but I guess it never arrived, or it arrived late (I have proof of sending receipts).

 

Now my question is

today is 31st, and I have 2 more days for letter to reach courts.

 

I will send this out first class special delivery today.

Would that be the correct thing to do, or its best to send them via an email and explain that I was on holiday, thus my questionnaire was not delivered in time due to letter arriving while I was away, or is there another option that is faster I do not know about?

 

Can someone please help me?

 

Thanks

 

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just resent the N180's out by email to the court and royal mail to CEL

 

no to mediation

1 wit you

the rest is obv

no need for email/sig/phone on CEL's copy

 

but if you've got the N157 today?

then they must have gotten your N180?

why not ring and check

 

 


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

 

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Court error


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Thank you Andy/DX. I should have called them to check myself, sorry for wasting your time. It was indeed court error. My N180 was received on the same day as the letter got sent out. No need to send it again :)

 

Thanks and I will be putting my time in preparations to this case. 

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District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour. 

 

Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December. 

 

I have a few questions if possible to get an answer from anyone please. 

 

The following directions apply to this claim:

1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing. 

My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about? 

 

2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January? 


Thanks!

 

 

 

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yes ring the court and get it moved

directions might stay the same though for fee/WS exchange mind.

 

dx

 

dx

 


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

 

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Quote

 I have to leave country for important work trip from 10th to 19th of January 2020.

 

Did you not enter the above dates on the DQ as dates to avoid ?

 

Andy


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Unfortunately at the time my work did not require me to travel, until 2 weeks ago :(

I will try to ring the courts tomorrow to see if they can change the hearing date.

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you will probably have to request in qwriting but usually email will suffice for somehting like this. The local court will give your email addy

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I just phoned up the courts and was told that it can only be postponed by filling out form N244, paying 100 quid and if the claimant agrees they can change the date, otherwise its 250 quid.

 

Does that sound right? 

 

 

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no, they have the powers to change the date unilaterally but clealry dont want to.

 

I would write to the court telling them you are out of the country on business at your employers command on that date and that it will cost you £4000 to travel back for the hearing and would they ask the claimant if  they are happy footing that bill just because the court wont use its powers to postpone things for a week ( or however long).

 

You should send a copy to the claimant as well so they know that they are in for a huge bill when they lose.

CEL wont want to turn up anyway so it might be enough to kill the claim.

 

If they dont agree then you remind them about the costs issue.

Lay it on with a trowel.

If the costs arent currenty that high check with an airline how much they charge for a standby ticket and you will see that they are

 

Now write and email the court and explain.

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Hey guys,

 

Update: I have done as Eric suggested, however have had no response yet from courts.
 

Good news is that I received a letter from CEL last night and it states that the claimant discontinues proceedings for the whole of this claim! 

 

Looks like they got a bit scared of the bill :) I will double check with courts today to ensure this is true. 
 

Again, this is 2/2 cases I have won against CEL with CAG help!!!! Thank you to everyone involved and I have one more to fight! 

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Brilliant. Please let us know once you've spoken to the court and we'll amend your thread title.  :D

 

HB


Illegitimi non carborundum

 

 

 

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Great stuff, is always best practice to check with the court, PPCs have a nasty habit of saying have discontinued but carry on.  Interestingly I wonder what would happen if they went ahead, after sending the letter and victim presents the letter of discontinuance to the court after a default?


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Courts have indeed confirmed that the case has been marked as cancelled and will no longer go ahead :) Very good news!! Thank you to everyone involved you guys are awesome I could kiss you :))!!

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Thread title updated...we would much prefer a donation though :wink:

 

 

 

Andy

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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

 

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Be assured it will be done!

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