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    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
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    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However their reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
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Lowell PAPLOC now Claimform - old E-ON £3K+ bill ***Claim Dismissed***


autumn53

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Thanks very much for your replies DX and Andy. Its very clear now. I keep bothering you with questions, but I have one last one.

 

Is N180 not my last chance to present details, paperwork and evidence to the court. Will there be an opportunity to submit these before a hearing date is set?

Regards

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dq is nothing to do with the court case.

you've got Witness statement exchange for that IF it gets that far.

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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4 minutes ago, autumn53 said:

Is N180 not my last chance to present details, paperwork and evidence to the court. Will there be an opportunity to submit these before a hearing date is set?

Regards

The N180 allocates and moves the claim to your local county court its for allocation purposes only. Once it has been allocated to your court you will get further directions from the court to prepare for the hearing.

We could do with some help from you.

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1. Should I give my ph and email to the court? (I will omit those from the Overdales copy)

2. Without any details, can I state the following in the D1 

"Issues are complex and would need to be argued in person"

D1 : Do you consider that this claim is suitable for determination without a
hearing, i.e. by a judge reading and considering the case papers, witness
statements and other documents filed by the parties, making a decision,
and giving a note of reasons for that decision?

If No, please state why not.

My response : Issues are complex and would need to be argued in person

Regards

 

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read the guide i post A53.

7 hours ago, dx100uk said:

post 3 in the link i sent 

 

1. as the GUIDE SAYS TO YES!

2.click the N180 link READ POST 3

it SAYS:

  

On 19/08/2022 at 11:54, Andyorch said:

Relevant reasons to state no include that there are factual disputes which will need the judge to hear from witnesses directly (in which case please specify the factual dispute and the relevant witnesses) or that the issues are so complex they need to be argued orally

 

 

  • I agree 1

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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dont forget 3 copies 

 

  • I agree 1

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

good

yours is not the next move.

so now get reading up on about 20+ util claimform threads here 

next stop is a witness statement from you but that s months away.... you dont even have a court date yet.

the more you read the stronger we become. there is no excuse for you now not to start today

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 thanks Dx,

I have been reading here about it. Some interesting cases on this very forum. I will continue to read more for clarity.

So next will be a Witness Statement from both parties that get seen by the Court as well as exchanged between each other. Something you foresee happening a few months on.

And it all boils down to a solid Witness Statement from me that aims to make the Claimant withdraw the case or request a settlement. 

Should I start preparing one?

Regards

 

Hi again Dx,

I just checked my mail and have received 2 from the Court.

1. Stating they have received the DQ from Overdales that is unsigned by me and I should send the court a signed one.

2. Stating 31.10.23 to be the Telephone Mediation Appointment Date. (I must reply within 4 days).

What is my next move?

Regards

Emails Appoint Date & DQ not signed.pdf

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did you not sign the dq you posted to the court?

or p'haps they;ve not opened it yet

no harm in sending the court a copy of the one you posted them by email. now.

 

as for mediation pers i dont think you have anything to mediate over, it's not as if you'd settle for a smaller amount than the claim as they've proved you do owe something. you owe nothing, was not your meter .was not on your property and no proved usage by you. 

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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Thanks for the reply Dx.

Pls don't be mad, but, I am so scared that it may be the case of signed Vs unsigned letters getting swapped, while we were putting them in the envelopes for Overdales and the Court, although I we both double-tripple checked. I am very worried if this has happened then Overdales might have the original signed N180 with my phone number. I wonder what the repercussion of this might be if such is the case.

I will send the Court a copy via email. 

Meanwhile,

I received a letter from Overdales today that I am attaching here. It is giving me four options of paying them. They say the debt is owed as we have paid for this utility account in the past and have defaulted later. (sorry it is a bit blurry perhaps)

Regards

 

Overdales Letter with Bills.pdf

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if overdales had a signed copy they would have not contacted the court and dobbed you in that you've been an apparent naughty boy and not signed your DQ think about.

forget what overdales have now sent. std rubbish designed to frighten and intimidate that they send for every speculative court claim they raise.

ignore

  • I agree 1

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

Thank Goodness. I was having nightmares. Thanks DX for being here. 🙏

What should I do with this 31st mediation appointment set by the Court then?

Do I need to do something? Like write back to the Court saying thanks but no-thanks?

I know for sure I will lay an egg if I spoke to someone over the phone. I am not a very confident or well-spoken person and a bit of a slow learner. Also, not very well versed with the legal terms. They'll rip me apart.

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even if you did phone mediation, you arent speaking to lowells1to1 but through the mediator whom goes back/forth between the two of you whilst the other is on hold.

however id reply to mediation stating you are not prepared to mediate. you owe lowells nothing.

this has zero bearing upon any judges decisions at a  court hearing if one ever does happen and lowells dont discontinue nearer the date.as they often do to not waste spending out on hearing fees they have to pay once the debt gets allocated to your local stated court .

expect more lowell willy waving in the meantime.

dx

 

  • I agree 1

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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Quote

...however id reply to mediation stating you are not prepared to mediate. you owe lowells nothing.

"Thank you kindly for your email and offering the Mediation Service for the aforementioned case. Kindly note that I maintain no money is owed to the Claimant and therefore a Mediation is not needed in this case."

Does this look OK?

Thank You very much DX

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  • 4 weeks later...

probably to now move to allocation/transfer to the court you selected on your dq n180 now? which was?

dx

 

  • I agree 1

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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  • fkofilee locked and unlocked this topic

Many thanks for unlocking.

Dear Dx,

Today I received the Notice of Allocation to Small Claims Track (Hearing) letter via post.

I am attaching it here together with the instructions.

The hearing date is 31st May 2024 at Northampton County Court.

Could you kindly advice me on my next move.

Many thanks 

 

n157.pdf

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so witness statement to the court and overdales by 17th april

plenty of examples here already for you to base yours on.

 

  • I agree 1

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

  • 4 weeks later...

Hi DX

Received the Claimant's Witness Statement today.

They have a part of Eon's Event History that shows the Meter was shared.(Pls see This )

I have been writing my own Witness Statement all this while. Tomorrow I will post both. Mine and theirs. 

I have been working on this one but hope it isn't total rubbish.

I saw other people's WSs and they look so posh.

Good, structured writing isn't what I shine at so here it is.

defendants WS.pdf

ClaimantWS (3).pdf

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