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    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
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Hoist/Cohen claimform - old Barclaycard debt ***Claim Dismissed***


Browneyes1929
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You must inform the court if they have failed to comply with the courts directions and possibly suggest a strike out.

 

With regards to the court hearing....

 

 

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I spoke to the court last week.

It was the same lady I spoke to a few weeks ago and she remembered me!!!

 

She said the claimant hadn’t filed anything with the court.  

The court are not doing any face to face hearing only remote ones but the claimant has to ask for it and so far they haven’t.

 

She said they still had a few days left to do so and then the court would contact me to make arrangements.  

 

my hearing would have been tomorrow so now I wait, I guess.

The claimant have breached the order haven’t they?

It specifically says they had to respond to my statement.  

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Did you not ask if they had filed a response statement to the court direct ?

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I did and she said no.  It should have been served by the 1st of April.  Nothing’s been filed since my last witness statement. .  

 

I’ve just received a letter today from Cohen Cramer stating:

 

”we note with concern that we have not received your witness statement as directed by the court, nor have we received further information regarding your illness. We would be grateful if these could be provided within 14 days.”

then they go on to say they are prepared to accept a lump sum.  

 

And finally: 

“Should we not hear from within 14 days we shall have no alternative but to seek our client’s instructions to apply to the court for judgment against you.”

that letter was sent yesterday. 

 

I kept a hard copy of the original long email header I sent the witness statement on. I’ve never received a bounced email notification. The court has a copy. The hearing should have been today.

 

I also am interested in the mention of my illness as I put that information in the covering email with the witness statement. 

 

How should I approach this?

 

Also the court received and accepted it’s copy by email. 

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what email for the claimants solicitors did you use?

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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what email AD and when?

nothing to worry about

why did you not post it too?

 

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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I have MS so I’ve had to reduce my social contact to as little a possible. And going into to the post office was not a good idea as the week I’d emailed it was at the beginning of lockdown.  

 

I emailed it to the only email that had been on all the correspondence from the claimants solicitors, I’ve checked it and I didn’t misspell it.  Including the letter asking about my illness.  If it had been misspelled I’d have received a bounced email report.

 

 I spoke to a very good friend of mine who’s  a computer forensics expert and he said they’re probably lying unless it went in their spam folder and even then that’s their problem not mine. 

 

If I could call and ask the court why didn’t they and even then why leave it until the day before the court hearing to contact me?

That’s wasting my time and the court’s. 

 

Although I’m no expert so don’t really know what the court’s opinion will be or what if any leg I have to stand on legally speaking?

 

My witness statement was due the 18th of March but I sent it on the 19th March at 12:35 at the same time I sent it to the court.  

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This wont harm you

 

what email address?

and on what date?

 

 

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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I doubt that's correct

you need the general one not a specific person.

what if they are off sick etc etc.

use the email on their pwork.

 

did you royal mail it too>

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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No I didn’t.

See above as to why I didn’t go to the post office.  

And there is no general email that I can see.

That’s the only one on their paperwork.  

 

If they were off, they should have had provisions made to transfer mail from email addresses they have included on legal paperwork. Plus if they were that fussed about it, why didn’t they write sooner than the day before the court date or check with the court if a submission had been made like I did?  

 

They knew the deadline that their submission had to be in by and that was the 1st April.  

 

I wouldn’t mind but I read Carey ALL POXY 59 PAGES of it with laryngitis as well as my usual MS fatigue.  And all they can do in response is give a “my dog ate my homework” equivalent response on the day.  Cheek of the them!!!!

 

I’ve just realised L Holden is the person who wrote the claimants witness statement too.  And I have looked on all their paperwork. That is the only email address.  

 

Before i indulge them (although i don’t think that’s fair) should I ring the court tomorrow and find out what happened today, ie if they filed that letter with the court or what the judge has done, if anything, today?

 

And I’ve checked my case wasn’t listed on Courtserve for today.  

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I’m still dithering as to whether I should ring the court?

Would the judge have looked at my case yesterday or not?

 

And most likely how will the court view these events?

Will they side with the claimant and give more time or not?

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We could do with some help from you.

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

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This morning I received this from the court. 

Basically putting off the case until after June 1st.  It’s dated the 27th but the postmark on the envelope is yesterday’s.  Not sure if I can apply to have it set aside or should I send the witness statement again to the claimant. 

I don’t want it to look like I didn’t send it in the first place although I can prove I did.  

Apr 30, Doc 1.pdf

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what would be your " exceptional reason " to set a side the above order ?

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They didn’t comply with the court’s order? 

 

Not sure to be honest.  Should I call/email the court and tell them that the claimant has written to me claiming they never received my witness statement by email and ask for guidance on whether it’s ok to send it again or something like that.  I could include a copy of the email I sent to them with the long header info showing when and where it was sent to.  

I can also include a copy of the letter from my gp re my MS diagnosis.   I’m not on disease modifying drugs but I am in the low to medium risk category as it’s an autoimmune condition. 

 

 

Edited by Browneyes1929
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Thats not connected to the above order and a  completely separate issue...if the court received your statement on time...thats all that matters....email the claimants solicitor a further copy and state further to your initial email of dated xxxxxx please acknowledge receipt this time.

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Why copy the court ? They have yours already ?  Send it to what ever email you wish of the claimants solicitors...multiple if necessary.The fact that they have yet to file and serve their own portrays they have bigger worries of their own rather than the fact they allege they have not received yours. 

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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I’ve just had a look at the practice direction and apparently I have to check with them what email to send it too in case their servers can’t accept the email. Not that it’s very big.   Is that correct? 

 

Actually I’ll email first asking for an email address to serve to.

apologies if I’m being pedantic but want to get it right.  

 

Also the witness statement they haven’t filed is the one the court ordered they were to file in response to the one they say I never sent.  

🥴

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no its not to respond to your WS...

you both have to file by a certain date...

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

no..

 

 

 

 

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... 

Link to post
Share on other sites

They should have sent the chasing letter before their filing date?

 

They shouldn’t have assumed I hadn’t served it as it was filed with the court and they could have checked with the court so the court can now refuse to accept their response.  

?

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