Licensed breeder Puppy farm & genetically sick pups.***Settled***

[BankFodder]

You may have done this before, but please could we see your claim form – in original and in full. Please upload in PDF format.

Is the defence? If there is then please could you this also in PDF format.

Is there correspondence relating to a possible set aside or strike out? If so, please could you upload these in PDF format.

[Lesley A]

Thank you so much.  
I have cognitive issues that impact these forms being understood.  
still a little stuck.  
In section 1, in the same box where to you tick writ of control, there’s a brief paragraph starting “I intend to enforce the judgement or order by execution ……..and require this certificate for this purpose”.

Theres a dotted line immediately below, do I enter any thing there?      Or blank?

Part 3, top right corner - “Seal a writ of (control) (possession) directed to the: 

To…………….., to an enforcement officer bla bla” 

or 

‘The enforcement officers authorised to enforce writs of execution bla bla to the district of- ————-“

which one and what do I enter please.  
In part 3, section C,  do I write ‘cash’ or the total amount?

Now, section C address for service - is that the breeders address or the address I gave for service which is their argument for invalid initial service or the ‘correct address’ she claims it should have gone to. Yes

Is that telling me to use breeders address or her solicitor correct address? 
Thank you for your help.  

[BankFodder]

I'm sorry but this doesn't address the request which I made which is to see your original court forms. This means that you must scan or download your claim form in PDF format and upload it here. Scan or download any defence in PDF format and post it here. Scan or download the copy of any judgement in PDF format – and post it here.
The same with any other court issued documents please.

Please can you do this otherwise I will have to lock this thread

[Lesley A]

Hi. 
Sorry, I missed your message asking for the docs. 

yes, you have previously checked the claim form which was uploaded to this site but yes I will reload it later today.  

I have no defence to upload but two letters off her solicitor.  

I’ll get them into PDF then upload them both later.  

Do you want just the N1 or a copy of whole set of particulars? 
 

[BankFodder]

On 09/12/2023 at 11:03, BankFodder said:

You may have done this before, but please could we see your claim form – in original and in full. Please upload in PDF format.

 

 

[AndyOrch]

Post# 75 final version

[Lesley A]

Hi,

Yes i will donate as I have been helped massively.

So as requested, my full particulars, their response once they realised the order was going through, i refused as you advised previously then received their second response entitled accordingly but found with the same pdf doc for breeder solicitor contact.

i do not want to make any errors on the N293a form guidance does not make sense and stops at part 2.

 

N1 JAX cag version.pdf Jax PoC Cag final.pdf breeder solicitor contact cag.pdf

Edited December 13, 2023 by Lesley A
not in pdf

[BankFodder]

Thank you for this, but the claim form that you have posted above is not the original – stamped, issued claim. It is a draft document.
Similarly, the breeder solicitor contact is not an original document. It looks as if it has been transcribed by you.

This is not what we asked for.

In terms of a donation, we haven't asked you for a donation. We are always happy to accept but you should wait and see exactly what happens and what kind of result you get before you decide whether you are still in the mood for a donation and how much that might be.

 

[Lesley A]

Well the solicitors letter was sent pdf, It will not allow any form of editing and I’m trying to hide my details so it needs editing.  
I presumed the content was what mattered so I copied and issued the content.  I will screen doodoo the order and upload.  
I received a link fir a donation so I responded. 

[BankFodder]

We would like to see the documents please. I appreciate that you may have difficulties, but one of the conditions of using this free service and our free advice is that you are able to deal with the technology to a sufficient level that you can put up original documents which we need to see.

We don't ask much else from you.

If you can manage to do this then it will amount to a transferable skill which you will be able to use in the future and elsewhere on the Internet. There is no downside.

Please will you take control of this

[Nicky Boy]

Try this online pdf editor...

https://www.sejda.com/pdf-editor

 

[Lesley A]

Bless you thank you.

are these any good?    

 

breeder solicitor email 2.pdf judgement cag.pdf Letter to XXX 30 November 2023 enc.(22331119.1).pdf

[BankFodder]

That's much better. The least we seem to be seeing originals finally – how many days or weeks has that taken? – But we still don't have the original sealed claim form.

Also, for the first time I'm starting to understand that apparently you serve the proceedings on a firm of solicitors who apparently were not at that point instructed to accept service.
There are also issues about using the wrong name or misspelling the name.

[Lesley A]

I am hoping you mean the document now uploaded as this is the only other thing i have had from the court.

Re Service: I asked her where she wanted service. She provided a solicitors name that i could not find on google. 

I challenged the information that she gave so she then forwarded a text with the full name & address of the solicitors used.

I provided her with a recorded delivery notification of a claim, sending a copy to her solicitors as she had detailed and her LA.

Within that, she was advised that the formal claim would be sent shortly by the same means to the same recipients - from that point she refused recorded deliveries she therefore refused to accept the detailed claim herself. 

She was obstructive to ensuring justice was served from day one and false rep details were given.

I sought advice throughout and was never told to ensure her solicitors were open/confirming service.

She had not even contacted them to instruct for service - she had not intention because she knew she would need to start paying.

She thought i was going away and failed to contact her own reps until she received the court confirmation that the debt was due.

notice of issue.pdf

[BankFodder]

To begin this process, you issue the claim in the courts.

This was on a form N1 if it was done on paper. You have uploaded a draft earlier on on about page 2 of this thread that we haven't seen the original – meaning the official one which has actually been stamped by the court and has the claim number and has been used to begin the process.

That is the one please

[Lesley A]

Ok well i never received the N1 back with a seal. 

should I call the courts?

[Lesley A]

The only thing i received was the Issue form where I ticked and returned etc. 

Then notification the judgement was made.

Is all this relevant for me to just want to know how to complete the N293a?

[BankFodder]

Yes, call the court.

It is not relevant for you in respect of completing a form. However it is relevant for us to see the original issued document. And of course it would be a sensible thing for you to have a proper file copy for yourself

[Lesley A]

Ok I will call them.  
so can I get help with those two sections on N293a please

[Lesley A]

Hi,

I have a very stressful update. 

I have received the following files from  the breeders solicitors - its all very stressful and scary.

I have allowed until Jan 1 for consideration of the claim and payment by not enforcing HCEO but I have refused to sign any consent orders on the basis I have no right to overturn a court order nor am I legal to know what I am signing.

There is another file to follow but the site would not upload it with these too. file 4 to follow.

I would greatly appreciate some help and advice please.

LA

 

1 Witness Statement of Jonathan Stimmler 15_12_23(22389506.9).pdf 2 K02BM044 - Arnold v Turne2 Exhibit JRS1 to Witness statement of Jonathan Stimmler - 15_12_23(22390714.2).pdf 3 K02BM044 Arnold v Turner - Witness Statement of Jonathan Stimmler 15_12_23(22389506.9).pdf

File 4 

4 K02BM044 - Arnold v Turner - Application Notice - 15_12_23(22389645.1).pdf

[BankFodder]

Please would you start off by giving us a bit of a summary of what has happened.

[BankFodder]

And you still haven't posted up the original court issued claim form that we asked for.

[Lesley A]

No because I do not have it - as previously explained.  
This was never received from the courts.  
mad advised I am chasing it but they are taking 3 weeks to address emails and respond.  
 

[BankFodder]

I haven't trawled all the way back through this thread because it really has gone on for a very long time. However I do recollect that we have tried to advise you to be more careful and concise about your claim and also that you were trying to claim unrecoverable amounts.

You seem to have ignored much of that advice and on your own way.

I've had a brief look at some of the documents that you have uploaded from the other side and they broadly seem to be complaining about the same kind of thing.

I think your best interest our to contact them to consent the set-aside and then start dealing with this claim in a methodical way.

I think the fact that their client is dyslexic is unfortunate – but it's not your fault – and you could put that to the court to explain why the original claim papers were not correctly addressed.
You could suggest to the other side that because the wrong naming was the fault of their client, you are prepared to consent to the set-aside on the basis that they will have to bear their own costs incurred so far. The remainder of any costs would depend on the outcome of the case in the end.

[Lesley A]

Sir I made the PoC concise and you commented on obtaining reports from vets etc which I did.

No comment was forwarded when I uploaded the last version of the particulars so I thought they were good to go. 

I tried very hard to do all you asked me to do - I have no idea what I am doing so i would not intentionally go my own way.

Even if I agreed to set aside - I am not sure how I could make it more concise.

You advised go through her licensing agreement and identify the breaches with the particulars.

What are the chances of it being overturned anyway, will the courts give me the chance to address there comments before ruling.

If i agree to overturn then re approach more methodically, how would I make it more concise when those are the issues within the license that were breached.

I asked for a refund, replacement of goods cost and the immediate vet fees i spent.  These are not unrecoverable damages.

Would more concise be sticking to the mis representation and the purchasing laws rather than including the license breaches?

Even if their application led to a hearing, the judge would still award the basics like a refund, replacement and vet fees.

There is apparently a law that simply states dogs with heart issues should never be sold but thats via word of mouth and I have not idea how to find it.