backdoor UKCPM/gladstones windscreen PCN CCJ - farnborough Central Merlin Rd Hamps GU14 7

[dx100uk]

ring gladstones tomorrow don't write.

 

points to batter gladstones with.

1.the photos contained in the NTK dated xxxx show a road not the same as in the particulars of claim dated xxxx from the claimform 

 

2. newlyns are not acting as bailiffs in this matter. they are in this instance a DCA they have no legal authority to add anything to a judgement CCJ.

 

3.this is contempt of court and highly illegal and criminal for them to do so and you gladstones as the solicitor are complicit in allowing this unjust extortion.

 

I have paid the sum the newlyns directly on xxx date inc the illegal extra change to a judgement debt whereby the judge gave no permission for extra cost to be added.

 

you are hereby instructed to removed the illegal CCJ

and to refund me the illegal fees added by newlyns.

if you refuse to do this

I will be informing the judge directly of these actions and demanding compensation against you.

 

I asked a q earlier, I can't see any answer..have you any confirmation from northants bulk that the ccj has been settled?

 

all docs are contained below properly redacted.

 

 

 

 

 

docs1.pdf

[BankFodder]

 

I hope no one will mind if I make a few comments on this advice.

I certainly agree that you should ring them – but also I would suggest that you read our customer services guide first and implement the advice there. This is always an essential step.

Secondly, although they are clearly in the wrong, you are asking them to help you out. They don't have to and believe me they don't give a rats arse about you and also they don't particularly care if it cost them a few extra quid to put you at any kind of disadvantage if they feel insulted and they feel that they are losing face.

Because of this I would tend to follow the advice which I have given in the set-aside guide link which I posted yesterday. Keep it very polite and long conflictual.

Don't talk about contempt of court or about criminality or extortion. I'm afraid that this will simply get hackles rising and destroy any kind of opportunity to reach an agreement based on reasonable and professional behaviour by them.

Eventually when you draft your and 244 application notice for the set-aside – we may need to refer to "abuse" of process because that's what it is. However when you are having a telephone call with them, I would avoid anything like that and simply point out them that you will be applying for a set-aside on the basis that the wrong address was used and that it is clear that you had no knowledge of the proceedings even though they were in possession of the correct address. Point out to them also that the particulars upon which they claimed are incorrect.
Don't start getting into conflict about the extra money they have added to the judgement sum. We can deal with that later. Avoid conflict at all costs.

So to them that in the interests of justice and fairness you think it would be reasonable for them to agree the set-aside in order to save time and trouble and inconvenience to everyone including the court.

As I've already suggested, if you can get them to agree this then confirm immediately in writing – but of course are sent to confirm in writing – preferably by email so that you can then present it to the court. With a bit of luck this should even avoid the need for a hearing.

As an extra carrot for them, you can suggest to them that they can stipulate that the judgement sum can be held by them until the final outcome of the case if they do decide to continue to pursue the claim. Tell them that you will be happy to confirm that in writing to the court.

If they refuse to agree to the set-aside after having offered them all of this, then leave the conversation politely – but then we will help you draft the N244 and we will make it clear to the judge what you have proposed and the fact that they have refused.

If what you have told us pans out then I would expect that there will be very little difficulty getting the set-aside and all of your costs – although once again, don't expect it to happen very quickly – but if you are lucky, the judge may be prepared to do it on the papers rather than by means of a hearing and that will make it a bit quicker.

[Dodiqq]

In such case, should I call the Gladstones and tell them of the intention to set aside claim as the incident described in the claim particulars did not happen and their previous correspondence was misleading and follow this up with an email?

 

I mean, i will submit a draft of the form and explanation tonight on here, if this is a straighforward one, i could chase the court, they need to give me a set aside hearing within 28 days of submission of the form surely.

[BankFodder]

Well I would avoid using words such as "misleading". I would avoid using any turn of phrase which suggest that they have somehow deceived the court or not done the job correctly. I think you simply need to point out that there is a misunderstanding and an error in the particulars of claim.

Bear in mind that there are two grounds you need to satisfy in order to be granted a set-aside:
that the proceedings did not come to your notice
that if you are given an opportunity to defend that you withstand a realistic chance of success at trial.

It seems to me on the basis of what you have told us that both of these are set-aside.

Of course we still don't have any of the documents we've asked for in PDF format. I'm not too sure what the difficulty is and this is becoming much harder work then it should be

[Dodiqq]

Only just read your post #27, thanks, good advice. I will make the call today as then I will at least know that to tell the Vendors - yes, it was agreed to be withdrawn and I can therefore reapply for mortgage in 1 month and we can proceed with other contracts exchange in the meanwhile, OR knowing they don't want to set aside by consent, the process will be delayed to end December or early January earliest (likely, having spoken to the CC helpdesk). Given the 8 week valuation time by mortgage lender (yes, so the market value post Brexit may change), they might want to go with the cash buyer altogether. 

 

If set aside is agreed by Gladstones but the Vendors will not want to wait till end of the year for valuation, I will go via the N244 route given the loss of chance to buy the house (and consequential continued financial expenses on rent - although I know I would have to argue a direct relationship).

 

I understand if this is by mutual consent, I don't have to submit the N244 but the Claimant can write to the court themselves. 

 

Does this mean if they agree to set aside that I still have to submit defence/ they have the right and time to amend the Claim particulars and we will have to go by arguing the abuse of process?

 

No I don't know if this was marked settled yet at court but I can find out - what does this change?

[BankFodder]

When you telephone the other side, don't mention your mortgage or anything else which might make them feel that they have a bit of leverage.

Don't rely on the claimant to write to the court themselves. Keep control. You will still have to file an end to 44 but you can ask for it to be done on the papers which would be cheaper.

The terms of the set-aside would depend on what is agreed – but normally speaking it would give an opportunity for the claimant to file the claim again and then the defence to file a defence within, say, 14 days – failing which judgement to be restored. Something like that.

The fact that you have paid the money does give you a slight obstacle to overcome – and you will have to do then go on to explain to the judge in your N244 that you paid the judgement some because you thought it was in your interests to do so because you didn't understand the procedure – blah blah blah.

I've already told you not to rush in without coming to us first. See if you can get the agreement of the other side and then get an N244 and we will help you to complete it.

We are still waiting for the claim and the judgement to be posted up in PDF format.

[Dodiqq]

I was told by CC the judgment will be sent out next week now ¬¬ !!

 

Yes absolutely, I don't want to tell them I am in a rush but appear that (I am bored and single hahah) I have time to attend to this.

Should I mention I am aware of the another outstanding pcn fee of £160 (£100 parking without permit + £60 on top for non-court debt collection) which whilst accepting no liability,  I will be willing to pay if they intend to respond in a constructive and co-operative manner?

 

I have just spoken to the agent who told me Vendor is understanding and given they are missing some legal documents themselves may be happy to wait till end of year for set aside.

EVEN potentially January, depending when they get their own documents sorted. Let's be cautious of time but no panic.

 

 

[BankFodder]

You should have asked the court to send you the documents by email. I suggest that you call them again and asked them to do that.

No, don't start raising other issues. Don't complicate matters. Don't start getting ahead of yourself

[Dodiqq]

I did request them by email. They just are too busy to look into this.

 

OK I thought it was a carrot I want to set things straight.

[BankFodder]

I think you are badly over estimating your importance to them and you are badly underestimating the level to which they hold you in contempt

[Dodiqq]

Judgment-p1.pdf

 

Voila!

[BankFodder]

Thank you. How did you obtain these?

[Dodiqq]

By email, by kind request explaining I cannot proceed with n244 without,  annoying and annoying the court helpdesk ladies 2x a day?

[BankFodder]

Well done. Why not the claim form?

[Dodiqq]

Because they refused to issue a scanned copy ( as original was sent to me in August) other than the text of claim particulars as attached in the previous documentation. Or they are being really unhelpful otherwise. 

[BankFodder]

Have you not tell them that the original was sent to the incorrect address as is the judgement also addressed incorrectly?

[Dodiqq]

I did, they don't care, I requested that they put new correspondence address there too. I think they are convinced I ignored the letters

Edited November 14, 2019 by Dodiqq

[BankFodder]

Then call them, ask to speak to a line manager and eventually tell them that you are going to be complaining to the Ministry of Justice. Tell them that they are interfering with the prime objective which is to achieve a just outcome.

Read our customer services guide. Make sure they take proper details on the screen notes and make sure that you get the names of the people you are talking to.

[dx100uk]

Have northants confirmed the ccj is now settled?

[Dodiqq]

If the Gladstones ask why I did not receive the post, how much information should I give to be convincing?

I had Section 21 served by landlord to take possession in March and I could not reasonably access the property and the landlord has since returned all mail to sender.

[BankFodder]

Just be straight with them and non-conflictual. You don't need to try hard to convince them. Just be straight dealing. You are already sounding as if you're worried about them

[BankFodder]

Of course it would help you if you actually had a copy of the claim form because you could then refer to it directly and that would help to inform your discussion with them

[ericsbrother]

so 2 pages of advice in you tell us that you moved house suring all this kerfuffle.

It would ahve been helpful if you had said this from the outset as it at least simplifies things in both our understanding of events and what to say in the set aside.

 

So to make things really clear, did you tell Gladstones your new address before the judgement? If you didnt then they cant be blamed for sending things to the address they are obliged to use.

[dx100uk]

no point in asking direct questions EB you dont get an answer.

bit like trump this thread.

 

I bet the CCJ isn't even settled anyway and gladstones, newlyns and ukcpm have all been down the pub since getting that free money.

 

don't understand playing the mr niceguy either..

they stitched you up ...go batter them.

 

 

[Dodiqq]

On 12/11/2019 at 22:31, Dodiqq said:

07/02/2019 - I had no reply from Gladstone Solicitors

I informed UK Car Park Management that I have reasons to establish the letter is not genuine.

I question if they have in fact instructed Gladstones or if my data was established fraudulently.

 

At some point here I have moved to home address no.3 on 01/03/2019

 

All letters were sent back to Sender by my Home Address no.2 landlord.

 

Sorry if I did not communicate this clearly enough, this is the reason for this in the first place.

I recall typing something to tell them but it was such a long time ago I could not swear I sent an updated address to house no.3 so I don't want to declare yes/no.

 

CCJ didn't get settled, but the Court told me they will do so within 2 week if I send them a letter from Gladstones confirming so (which I received).

 

CC told me they don't have a copy of the claim because it got sent out and that's it, they do not have a copy on file.

And that I was given claim particulars (text) and I don't need the claim form to submit a n244.

The other 2 people also said I do not need the original claim form to submit n244.