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roland60

ECP/Gladstones PCN claimform - operator Photos - Chamberlain Buildings,

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Hi 

 

Thanks ericsbrother

 

I am working on my WS, any links i may have missed to other threads would be helpful.

 

Please see attached Gladstones WS 

WS Gladstones.pdf

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We cant read the contract they rely on, we must be able to so we can be certain of what rights they have and what they dont have.

Scan it so it can be blown up, a blurry photograph of a photocopy isnt clear enough.

 

There is plenty to pull apart in their WS but better to go after the big one if possible.

 

the other thing is you need to make it clear that you wish to cross examine the person who wrote this statement (they wont be there) so you need to try and find as many points to pick at as you can so you can ask the judge to disallow it as being not actually as statement of truth.

 

Often weighting will be applied to a paper submission like this as being less than an oral statement but that will depend on how close you are to the balance of probabilites being a factor.

 

Trash them on something major an it wont matter what they say or write

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Thanks Ericsbrother

 

Really appreciate your help, please see better quality attachment.

 

Thanks 

WS Gladstones.pdf

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so no proof the contract has been paid this year then?

 


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I agree and judges dont like this sort of contractual evidence without furhter supporting evidence that it was renewed so somehting you will make a point of in your WS.

 

Also the banks of the company that owns the property has charges on that property that may disallow them from assigning such a contract anyway.

 

I have not seen an example of a bank enforcing such a condition but still worth saying that the charges on the property prohibit KAP Investments from entering into such a contract and thus ECP have no authority and cannot perform to the contract.

 

Now this is somehting that only stands a slim chance fo being considered on its own but it does add weight to your other arguments and will make them look less reliable as witnesses fr not actually checking to see if they can have agency in this matter with those terms * standard for bank loans but copy the ones listed as charges at Companies House

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Hi All

 

Due to my ill health and a long list of various health conditions and to top it up stress and anxiety issues, I wanted to know how to approach the claimant to settle this outside court, as I absolutely do not have the energy to deal with this.

 

My family have offered to help me financially.

I have all the evidence from my hospital admittance and appointments.

 I am currently off work on a sick note.

I would be grateful for some advice as the hearing is on 23rd August.

 

Regards

Roland

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put them all in a private msg to me i'll do it

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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here's the better scans of the exhibits

 

 

Exhibits_(1).pdf


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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This was the defence I submitted on MCOL

 

1.    The claimant has failed to produce a contract with the landowner that assigns them the right to enter into contracts with the public and to make civil claims in their own name,  so the defendant does not believe they have locus standi in this matter.

 

2.     The defendant believes that no planning consent was obtained for the signage as required under the Town and Country Planning Act 2007, this means the signage is there illegally and it is not possible to enter into a criminal compact.

 

3.     In any case there was no contract between the claimant and the defendant so no cause for action.


 

 

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you've just asked me roland60 if there are any updates for you via PM

updates on what?

 

did you file your WS?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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Hello

 

Can anyone help me with the witness statement as i am doing this on behalf of Roland60 who is not in good health to deal with this. The court hearing is this Friday, so I don't have much time to submit the Witness statement.

 

I would be very thankful for any help i can get.

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sadly your witness statement should have been in 14 days before the court date..


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Roland has said that the forum has been very helpful to him and that he has been asking for some help with the witness statement since 9th Aug, as he has been in and out of hospital during this time too. 

 

He did try and provide everything that was being asked for ie the defence again, exhibits etc and then their was problems with DX receiving PMs from me.

 

I would like to file this for tomorrow, where do we go from here?  would really appreciate the help for this.

 

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so he has made a ws?

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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no DX he had started it and i'm trying to do it for him the best i can.

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that's not an easy job and its already more than I week late.

 

there are examples of the format here but ofcourse each is somewhat unique to the case factors, and ofcouse there is the added 'benefit' in this case in that because you are so late, you have theirs to tear apart. that makes the task much easier but ofcourse in a way much harder as you need to pull each of their specific points aparts. it makes for a much stronger defendant WS giving a greater chance of success.

 

use the custom google search down a bit on the left after hitting the top squares CAG logo

 

i'm wondering if it might be better to urgently contact the court and request a postponement, in many medical situations, with the right wind they might allow it. as I can see gladdy's objecting to such a late disclosure WS from you and getting it rejected, then all the work will be in vain. 

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I think its best if the case can be postponed. We will contact the court in the morning.

 

Many thanks 

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We contacted the court and the lady gave us a few options, she said we could speak to Gladstones and if they agree to postpone the hearing then we will have to pay £100 or the other option is to send an email with medical evidence which will then be handed to the judge before the hearing and the judge will decide wether to adjourn for another date. She also advised to hand in witness statement today if possible.

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Gladstones will probably push for an "On The Papers" and cancel hearing, easy win for them that way.


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