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GB Refinish Supplies Ltd want paying but no Pers Guarantee signed? Court Claim Received .


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If you are not named as a defendant in the defendants address box its irrelevant what/who is named in their particulars. The defence response should be from your husband only as named defendant and respond to their particulars as alleged and only what they have alleged.

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25 minutes ago, Andyorch said:

And address ?  you seem to be adding a lot of information to a woefully lacking particulars that fails to comply with CPR 16.Do not give information that the claimant has not stated within its particulars.

They have issued the claim using my personal address and not the companies.  I did ask them to remove this info from their records.  We do not want our personal address used by them at all.

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Particulars of claim for reference only

 

On 15th March it was agreed by Mr XXXXXX and Mrs XXXXXXXX that they would make payments of £100 per month to the outstanding account.  This was done over the next 3 months.  The last payment received was 03/06/2021.  I was then advised by myself that the company was being shutdown and the assets were being sold off.  When the account was was opened both Mr XXXXXX and  Mr XXXXXXXX director guaranteed the account if the company could not.

 

########Defence#######

 

1.I  Mr XXXXXXX the defendant in this claim contend that the particulars of claim vague and are generic in nature and fails to comply with Practice Direction 16 of the CPR. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

3. The defendant notes the contents of the claimant's particulars and denies the particulars stated until such time it can verify what agreement it refers to and what the claimant's claim is in connection to.

 

4. . As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5.. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

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he hasnt got to sign any forms

 

simply copy and paste that defence to an email (not the red bit.)

and follow this guide:

 

MCOL is only one way of responding to a claim. 
(AOS, DEFENCE, N180 ETC)
.
If you are having problems logging in, or would prefer not to use MCOL
you can fax, email or post your response to the Court instead. 

If you send your response by e mail 


please send it to [email protected] 

ensure you quote “Claim number xxx xxx (type of response i'e AOS , Defence, N180)” in the subject field. 
.

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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Thanks - I printed the defence and made him sign it!!!  But will do it your way as much easier just copying and pasting.

Does he need to complete page 4 and sign the back of it as when I spoke to the MCOL helpline today they said he did.  She wasn't very helpful either.

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why are you printing it????

why are you using any forms???

 

as you have/are using MCOL the online portal the actual paper claimform pack purely becomes simply ref material only.

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

I can't use MCOL it will not accept my username or password.

Have been trying for about 4 days to access.  Spoken to MCOL helpline twice, they cannot help as to why I cannot use.  Both times advised me to sign and scan defence form and email it in with my defence.  Did not realise I could just cut and paste defence onto an email without signing it therefore printed defence, signed it and scanned to attach with email.

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you successfully logged in to MCOL and did AOS thats ok

just email the defence as advised by copy and paste 

ensure you use the CORRECT subject text

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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3 copies

yes to mediation

1 wit you

 

the rest is obv

 

1 to the court

1 to sols (omit phone/sig/email)

1 for you file

 

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... 

Link to post
Share on other sites

 

Do we use the same defence.

My concern is that it should not even be going to small claims court.

The debt is for the company TME which had to close down as it could not sustain itself and they are asking my husband to pay for it personally.  There were also 2 other directors involved with the company.

 

 

 

 

 

 

 

 

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You don't submit a defence with the DQ...why are you going over old ground? Just complete the DQ as per my guidelines as posted above and file serve it a few days before 11th Oct.

 

 

.

We could do with some help from you.

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We have just received an email from GB with their response.  Do we reply to that or submit our own.  Just blocking our names then will post.

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Ive hidden your upload, it was not fully redacted can we have a copy of exhibit 8 which they refer to please.(redacted)

We could do with some help from you.

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no you post it to the court and..

post a copy to their solicitors minus email/sig/phone.

 

you should never give the fleecers or their dogs an email address

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

pdf in post properly redacted and unhidden

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

Quote

Just completed the N180 form do I email it to the same place as the defence.

[email protected]

 

You should note the date by which this questionnaire must be returned and the name of the court it should be returned to since this may be different from the court where the proceedings were issued.

 

Andy

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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  • 3 weeks later...

depends upon the loading of your local court and the mediation service if you and they say yes to it.

 

 

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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