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Solartherm UK useless returns on 15K heat pump - court claim launched..


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as we see with many UAE debts, an N244/SJ application is a common dodge used by fleecers to prevent the close inspection of actual relevant FACTS like paperwork etc. as their case is very weak...don't look over there judge...look here this is far more important....NOT!!

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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Please confirm that point 12 of their statement is not true ?

We could do with some help from you.

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Hi Andy, I've asked him, he cannot remember either way.

 

So, would he have received that through the post? Does it have a form number?


If he hasn't is it game over? They made their application for fast track before that was due.

Just trying to grasp where we are, he has a learning disability so getting info out of him is not easy as he's easily confused.

 

What I will add to that is that he went to mediation service through the court , so I would guess he filled out an N180 questionnaire ?

My advice is given through personal experience and is given without prejudice

 

 

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They refer to a court order dated 19th Feb 2021.Reading between the lines I assume this is the Notice of Allocation (n157) this follows once both parties have submitted their DQs and gives the court directions what each party must comply with by date...submitting a witness statement and documents as evidence.

 

So did he get the N157 did he comply ?

We could do with some help from you.

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Good question and I have messaged and asked him, I doubt he will remember and would of thought that he would of done anything when asked.

 

He did submit evidence I believe, but will check.

 

If he hasn't I guess he's in trouble right ?

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

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Hi @AndyorchHe can’t remember and can’t find any paperwork and neither does he remember the form, useless I know.

 

so if he hasn’t, is there anything we can do or is it game over ?

 

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

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Well if it was that Notice dated Feb and he didn't comply the court would have struck out his claim by now. So it cant have been ...I really cant advise reading between lines...as its basically all guess work.

 

I can only advise on the here and now...so here on he can submit a  further statement as he did to overcome their application for Fast Track....same principle but this time why they should not get summary judgment.

 

Again once the court informs of the hearing date and there should be a hearing for this type of application even though the defendant has opted for no hearing their application, he submits a statement in response....again this can be submitted 7 days pre hearing.

 

Summary Judgment is covered in CPR 24.

 

 

 

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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Thanks Andy, I’m travelling back from Scotland so will take all this in tomorrow and revert back to him and come back to you.

 

as usual your help is very much appreciated 

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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Hi @Andyorch he found the document, it was in the Moneyclaim online account, which he hadn't checked as he wasn't expecting documents through that, probably because other stuff was sent through the post or email.

 

Obviously the hearing never went ahead as they applied to have it moved to Fast Track.

Is it too late to submit a witness statement in response to their witness statement?

 

187MC148-Judge-Directions-Order.pdf

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

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Not for the recent application to strike out summary judgment.

 

So did he receive a Notice of Allocation ( N157) in Feb 

We could do with some help from you.

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Hi Andy, he received it in so much it was in the Moneyclaim online account which he never logged into, so didn't see it.


Witness statement, I was referring to replying to their Witness Statements for the actual court hearing that they sent in previously in February.

 

Now, does it matter less that he didn't return this form given that they applied for Fast Track instead, therefore the original hearing was never going to happen?

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

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He can try ...only 6 months late, I'm amazed the claim is still live to be honest. I agree the application to change track may have had an effect on the process. I would do a dual witness statement in response to the Directions (Feb) and their application to SO/SJ all in one.

 

I take it you have read the last paragraph on the Directions ?

 

WARNING If you do not follow these instructions within the time limits, the judge may decide that your case should be struck out, which means that you will not be able to continue to bring or defend this claim, and the other side may be able to ask the court to make a judgment against you. If you cannot comply, you should make a formal application to the court before the deadline expires, using the right form and paying the court fee.

 

 

 

.

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

 

If you want advice on your Topic please PM me a link to your thread

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Hi Andy,  yes I read that. 
 

So I guess what we are relying on is that their application for Fast Track superseded the need to comply as the court hearing date would not go ahead due to the application for FT. 
 

maybe clutching at straws here 

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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