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    • @BearLake1   I have a similar PCN from the same place. I've just received 'Letter Before Claim' today. I wonder if you are able to share your reply to CVS? Did you send your reply by email or mail?   Thanks!
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    • Hi all   Wow, do I have a situation to contend with now! I shall include as many important facts as needed.   I have received a solicitors letter today, by instruction of MY PARENTS claiming they are beneficially entitled to a property I purchased in 1999.   This property belonged to my Grandad who sadly passed away in 1993. He had hand written a will, not witnessed by anyone, leaving the property to my Mother and not his Son. Of course my Mothers Brother wasn’t happy with this and contested it which ended up in court. This dragged on for a long time, it could have been years? Until it was decided the house be sold and money divided equally. From memory I think the legal feels were around £30k ish.   At this time my parents didn’t have jobs and I was able to obtain a mortgage in 1999 and after going on the market purchased the house for £50k as it needed a lot of work. At the time I was very close to my parents and it felt a good thing to keep the house in the family circle as such (like cars sometimes) but was obviously in my name as the owner. I paid the mortgage and utilities on it and it sat empty for ten years whilst deciding what to do, more my Mother not wanting anyone to touch it and change memories.   The council kept writing to me until eventually said it would be a forced sale if nothing done with it. I then obtained additional borrowing to fund the complete renovation and then rented it out with the idea if it reducing the mortgage. Around the same time and during the crash I manged to buy another house needing work, by using equity on first as a deposit and a mortgage on the new house.   My parents would always refer to the 1999 as my house although this felt awkward. A few years along the way (2010/1/2) my Dad purchased their council house at a reduced rate.   I moved out of my parents home in 2014 and into the second house once it was all modernised, which since the relationship with parents has just deteriorated a lot. Arguing about lots and them saying I need to ‘sign the house back over to them’ on more than one occasion.   To fast forward, the tenants moved out of the property recently and my parents found because as creepy as it sounds, I think they used to drive by or watch them. The signing back over has been demanded recently to which I said was ridiculous etc…   Today I get this letter with 29 paragraphs and crux of which being to transfer to property, with vacant possession and mortgage free, to them and in addition any surplus rent from the previous ten years!   The letter is full of lies my parents have told the solicitor such as:   I lived with them rent free in lieu of paying the mortgage They paid all the utility bills and council tax They paid for and carried out most of the work back on the house in between purchase and 2008 when renovated My Father dealt with the letting agents recently and I ‘merely’ signed the tenancy agreement   There was a time, as my parents have always been high maintenance, I had written something for my Mum to say although I own the house, morally it belongs to her as probably thought it would help the relationship. A copy of this has been included, although I think looks slightly different to what I had printed and also says…about asking their permission to sell it and they could move in if they ever wanted, I really do not recall saying that! This piece of paper I refer to has no date or signature.   My goodness, this has completely knocked me for six. Its like history repeating itself!   I have checked with Eon, Council tax etc… so far and all have been in my name and paid for by me.   The letter also says ‘the facts of this case are familiar to you and you ought not to require any further enquiry’ which almost is like the solicitor knows this is all hearsay/BS and no proof? Also that I should respond to the claim within 28 days. The letter was also not recorded in case it makes a difference.   Another paragraph says advises my parents 'have a strong claim that I am holding the property on trust for them absolutely by way of constrictive trust and/or proprietary estoppel' I have no idea what this means!   One thing I should point out, I used to be very much in my parents bubble, asking them for advice, wanting their approval, very much lacking confidence in awareness of my own abilities. It is since I have started thinking for myself they don't have the hold on me their behavior  have become worse.   What are your thoughts please? I really have no idea what to think!   Many thanks in advance as always   E!
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keek

Setting aside a ccj - defence sent to wrong court

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7 hours ago, keek said:

Thanks for getting it back on track.   Could you advise on what to expect?

Is this hearing just to get it set aside then I would attend again to defend the claim?Or will all of it be dealt with there and then. 

Many thanks again just want to make sure I’m prepared. 

 

Well it depends on a few variants......

 

Assuming he allows the set a side and If she does not turn up to the hearing he may deal with it in one hit...so have your defence and all paperwork (and your costs in defending the matter and making an application) ready and to hand, he could dismiss the claim there and then...and award you costs.

 

if she does turn up and the set a side is allowed ....he may still try to sort it there and then...assuming she is prepared with her paperwork and has submitted a statement in objection to the set a side.

 

Its down to court resources and if they have time.....if not the claim will them move to allocation...and you will be notified of the trial date and directions on how prepare.

So...down to the court and judge.

 

Andy


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Hi 

Another update 

I attended court today and the judgement has been set aside. Thanks for the help! 

 

He said I will receive a letter to resubmit my defence but as I have already done this he said just to acknowledge it has already been sent . He also said there will be a small claims hearing and if I win the claiment must pay my costs. 

The claiment didn’t attend today. 

I update more when I have received the letter. 

Many thanks for your help getting it set aside. 

 

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Standard directions....check with the court on the 2nd Oct that  she has paid the hearing fee...if not the claim will be struck out.

 

If she has the trial goes ahead on the 30th October...and the directions you must follow and prepare for and file and serve are points...6 to 11 of the directions.

 

Witness statement and evidence (documents)  File and serve not less than 14 days pre 30th October

 

Andy

 

 

 

 


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Hi , got another update yesterday .

 

The claiment has sent me some paperwork .

It’s her claim again but written out as the judge required ,

 

Will this be the one used in court or the first one she sent ? 

it hasn’t come from the court it has come directly from her . 

 

It states she has sent evidence and photographs to the court but I haven’t got or seen any of it , all I have is 15 pages of ranting and it’s really hard to read as it’s handwritten.

 

Should I also receive all evidence she plans to use at the hearing ?

She has got the electrical man to sign and date his letter but he hasn’t written “I believe this statement to be true” at the end.

 

Does she have to ask for permission to use an expert as a witness? 

 

Also she is claiming for the court fees even though she sent it to the wrong address to begin with. 

 

She is claiming for £40 in photos which I haven’t seen and £70 in postage costs. 

 

She is also claiming for high court enforcement of £150 and £350 in court fees , if it has been set aside how can she claim? 

 

She says she hasn’t taken litigation or threatened court action to any cctv company’s and has sent evidence to court , again I have not got this or seen it . And she told me numerous times she had taken the big company to court and won. 

 

She has sent a me witness statement from her local councillor on council letter headed paper . This is new I’ve not received this before yesterday . 

 

In text messages I received on the 20th sept the claiment says

 

“ councillor S**** my friend came last night she said the same as me , the cameras are a lot clearer than the ones ***** put in.” 

 

In the witness statement from the councillor for court she says she visited the claiment in September 2018 and the images are

 

“blurred and fuzzy , you could not make out the images there was white orbs in the picture”

 

 

The claimant said the councillor will be attending the hearing. 

 Thanks for reading any advice is appreciated . 

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Hi Keek

 

I will run through all the above nonsense with you on Monday.

 

Andy

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As per the directions laid out within your upload s of post # 29 it specifically states what is required...a witness statement from each party and all the documents you wish to rely on.

 

Obviously she has not followed the directions or has trouble reading and interpreting what it directs.

Mr Councillor is not party to the claim so has no involvement nor can his statement be used.

 

Point 13 states that no permission is granted for expert witnesses unless requested on receipt of the directions.


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Posted (edited)

Thanks Andy, 

Thats what I thought thanks for confirming. 

Should I give a reply to the letter I received the other day? I’m not even sure what it is if I’m honest it’s just headed “lies” theres no points to it ,  it’s just repetitive ranting. 

And Do I need to inform the court I haven’t received her evidence and that she wants to use the councillor as a witness or do I just sit tight until the hearing?

 

It says in the directions the claim will be struck out if the claimant hasn’t filed a properly completed application by the 2nd Oct. 

As it’s not been written out correctly and I have not received her evidence Could it be struck out altogether? 

 

 

Thank you 

Edited by keek

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Probably not relevant but just looked up the councillor on Facebook seems she is friends with the man who has done the inspection report on the cctv system I fitted . Had an idea that the report he did was fishy! 

Just makes me so angry 😡 

 

 

 

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No you dont respond...its irrelevant and not what the court directed.

It isn't time for her to serve you any evidence on you yet or you on her .....must be done by 15th Oct.

 

It states the claim will be struck out if the claimant does not pay the hearing fee...see below.

 

This is what you have to do now......wait for the 2nd October and at 3.55 ring the court and check she has paid the hearing fee of £80.00. (Point 2 of the directions)

 

You must draft and serve a witness statement from yourself in support of your defence with evidence( Thats your disclosures) and this must be filed with the court and served on her no later than Tues 15th October (Point 9 & 10 of the directions)

 

Do everything by the book and on time as advised....she will lose herself along the way...if she fails to comply with the directions the claim will be struck out.


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Hi

Just to update , telephoned the court this afternoon and all the fees have been paid but

I’ve had no correspondence since the letter I received on the 19th August. No evidence , photographs or anything. Although she does state in that letter the court has all of this?

Im just confused why I haven’t got it and how I am supposed to reply. 

 

Should I just reply to the response pack I originally received ? And forget about the letter she sent on the 19th August ? 

Many thanks 

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And you wont get anything yet your not due to exchange evidence and statement until 15th October ?

If you dont receive yours by the 15th inform the court.

 

Did you not read my post #36 ?


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Hi Andy 

thank you for the reply . 

Yes I read your post ... so do I just resubmit my defence from the original claim? 

She has just thrown me off abit with the second lot of paperwork she sent on the 19th August . Going of the letter I think thats her evidence as She apologises to the judge for filing the 1st one incorrectly even though this one isn’t correct either , and there are the added witness statements and receipts I never got with the first one. 

Apologies if I’m asking repetitive or obvious questions your help and time is much appreciated , thank you 

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so do I just resubmit my defence from the original claim? 

 

No .....you are submitting a witness statement with evidence (Documents/disclosures) from yourself.....completely different to a defence.

 

Have a look at some examples for content and layout on various threads.

 

Andy

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Hi 

received this note today with some photos of txt messages from the claimant .

 

There’s no claim number on any of what she has sent ?

 

 Do I take this into account and reply or just ignore it for now?  

 

Is this her witness statement along with the other letters she sent in August after we had it set aside?  

 

I’m sooooo confused 😐 

 

IMG_8087.jpg

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Have aread of the directions again (PDF 2 Post #29) number 10 on how a witness statement should be prepared and laid out complete with a statement of truth.....the above is none compliant and IMHO is inadmissible...which you should make reference to in your statement.

 

However gather everything she has sent to you and try to put it into something of chronological order.

 

Andy


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Thank you for the quick reply , yes I have read them  I’ve uploaded the first page of my witness statement  just a draft , I’ve tried to keep it all in chronological order and only facts and stick to 1 point per paragraph. 

 

I’ve started to sort the claimants paperwork but it’s all over the place , no order to any of it . 

Suppose that’s a good thing for me though! 

Would I reference the non compliance at the beginning of my statement? 

 

 

 

2019-10-08_125201.pdf

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At the beginning and a general synopsis of how the claimant has conducted herself through out this claim.

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Hello , Another update .... 

 

I filed the witness statement with court and the claimant on 14th October as requested on the directions.

 

Today I got some more documents from the claimant tilted “reply to witness statement “ and dated 18th October , 

 It’s contradictory from the other documents she has sent me over the last few months and the “story” changes in certain places from the previous documents .

 

Again she states she has sent evidence to court but I haven’t received it.

She says she’s had numerous conversations with the court and they are aware of the evidence. 

 

She also says the councillor will be attending the hearing as a witness, is she allowed?

 

Also  just Wanted to check that I don’t need to reply to anything else and just wait for the Hearing on the 30th?

 

Just worried in case I miss something. 

Many thanks . 

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He cant attend unless the court has granted permission by a hearing...did she tick additional witness besides herself on her DQ ? 

Any evidence not served on you cant be relied or used in court.

 

You dont file and serve a Reply to Witness Statement ...only her first one will be allowed.

 

Nothing for you to do except attend the hearing...you can work out out all your costs dealing with this claim and get a figure ready.

 

Andy

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Hi Andy 

If DQ is directions questionnaire then she has not sent one? 

The only documents I’ve had are handwritten ranting other than the original claim still

addressed to my work that came from Salford court plus a few dodgy photos that have clearly been messed with. 

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Parties are told on the DQ and expected to file and serve on each other......Ring your court and tell them she has not served you her copy and you want to know how many witness,s she stated at D3 and has she informed the court she intends to call a further witness?


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Thanks for your time Andy .

should I have sent a DQ ? I’ve just looked them up. I’ve not seen one before now?  I didn’t send one with my witness statement. And I’ve not received one from the claimant. 

 

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Correct...this was a default judgment set a side...some courts dispense with the need for DQs and just issue Directions.So she definitely wont be allowed to call a witness.

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