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    • I doubt HMCTS holds any data on whether arrests by AEAs required police assistance.  They couldn't or wouldn't provide data on how many of warrants issued were successfully executed - just the number issued!  In my experience, arrest warrants whether with or without bail are [surprisingly] carried out with little or no fuss.  I think it's about how you treat people - a little respect and courtesy goes a long way. If you treat people badly they will react the same way. Occasions when police are called to assist are not common and, having undertaken or managed many thousands of these over the years, I can only recall a handful of occasions when police assistance was necessary. On one occasion, many years ago, I arrested and transported a man from Hampshire to Bristol prison on a committal warrant. It was just me and he was no problem. I didn't know the Bristol area (pre Sat Nav) and he was kind enough to provide directions - seems he knew the prison.  One young chap on another committal warrant jumped out of his back window and I had to chase him across several garden fences.  When he gave up (we were both knackered) I agreed to drive by his girlfriend's house to say farewell for a while.  I gave them a few moments and he was fine. The most difficult are breach warrants but mainly in locating the defendant as they don't want to go back to prison - can't blame them.  These were always dealt with by the police until the Access to Justice Act transferred responsibility from them to the magistrates' courts. The fact was the police did not actively pursue them and generally only executed them when they arrested someone for something else and found they had a breach warrant outstanding.  Hence the transfer of responsibility.
    • thats down to mcol making that option available for you to select, you cant force it. typically if there are known processing delays at northants bulk it will be atleast 14 days later if not more.
    • Thanks   Noting the day to apply for default judgement if necessary
    • nope, as the display model was not the colour the customer wanted. but your question is totally immaterial anyway as custom built doesn't come into it. dx
    • as long as aos is done by day 19 from the date on the claimform they get a total of 33 days to file a defence. (whereby the date top right on the claimform is ONE in the 33 day count) dx  
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GB Refinish Supplies Ltd trade supplier debt , but no per guarantee signed? - court claim issued - help ***Claim Struck Out***


persha50
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Only 11 months ...good job they are not claiming section 69 interest up until judgment :wink:

 

 

 

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  • 11 months later...

If you completed the wrong section of an Account Application form (Part B instead of Part A - see attached) would it make the application invalid/unenforceable.  The company was registered as a Private Limited compay and definitely not a partnership or sole trader.Form - LTD.pdf

 

Also if the documents they have submitted to you as part of an email asking for payment prior to CCJ and the one they submitted to the courts are different does that hold up. 

 

Its just a minor thing, the copy of the application form they sent to me via email has hand-written bits on it saying "its ok to set up" and some bit circled at the end but the one they submitted to the courts does not have any of this.

 

Hoping to show they have altered the documents so the court ones are invalid.

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On 06/10/2021 at 19:21, persha50 said:

 

your hubby has signed as a sole trader.

 

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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Yes - he originally signed as a limited company (part A) but they said he needed to the sign as a partnership and list details of the other directors along with contact name for the trade references.  I am trying to find out if the form is still valid if he has completed the wrong bit.

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The company was dissolved in May 2022.  Would that make a difference to our case do I need to let the court know.  Also the company's last profit and loss showed a major loss should I submit that to the court

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The court case is set for this Friday 6th January.  It says it will be held via video link but we have received in information yet or what they will be using.

Any advice appreciated as what to say/what not to say.

Thanks

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The details of the video link should be detailed in the N157 Notice of Allocation.

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Thanks will be on Teams.  Any advice on what to do/not to do?

Getting a bit nervous.  Will I be able to speak on behalf of my husband, he will be there as well so can answer question if needed.

 

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13 hours ago, persha50 said:

Thanks will be on Teams.  Any advice on what to do/not to do? Stick to your defence/statement/argument

Getting a bit nervous.  Will I be able to speak on behalf of my husband, he will be there as well so can answer question if needed. No, he is the defendant you can't speak or act for him.

 

 

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UPDATE

Got an email from te Court today saying fee had not been paid so case had been vacated.

So its a win for us!!!!

Thank all so much for your help.

Should I ask them to confirm that there is no more legal action or just leave it be.

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vacate? you mean struck you?

 

post up the email please

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

Hearing vacated and/or claim dismissed?

 

 

.

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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please be advised that the claim has been struck out due to non payment of hearing fee and the hearing of the 6 January 2023 vacated.

 

you won.

 

dead gone buried.

 

please dont forget to donate if you haven't , even a small amount.

 

we are free

our advice is free

we dont get paid

but try telling that to our ISP, server provider and our hosters.

 

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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  • dx100uk changed the title to GB Refinish Supplies Ltd trade supplier debt , but no per guarantee signed? - court claim issued - help **CLAIM STRUCK OUT**
  • AndyOrch changed the title to GB Refinish Supplies Ltd trade supplier debt , but no per guarantee signed? - court claim issued - help ***Claim Struck Out***
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