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    • Sorry for my late update. My friends. The attchment is the charge sheet. Are you refering to this?   I find that I could also say something to the court.(See the screenshot) Can I ask for some suggestions? Charge Sheet.pdf Screenshot 2024-05-22 144200.pdf
    • do a chargeback to your bank if temu want it back then they'll write and ask for it. 9/10 they dont bother. dx
    • No reminders are required by law. As a result of that, whether the police say they sent one or not, whether they actually did so or not and whether you received it or not has no bearing on the matter whatsoever.  I have explained what to do in the third paragraph of my post #22. You don't need to do any more than that. The most likely outcome is that your offer (to plead guilty to speeding if the FtP charge is dropped) will be accepted by the prosecutor. What happens next is for the court to decide. This "deal" is done every day in courts up and down the land and all court users (prosecutors, Magistrates and their legal advisors) are familiar with it.  Although I said you could not ask to be sentenced at the fixed penalty level, that was incorrect. There is nothing to stop you asking (and if you do, you should mention it under "Mitigation" when you fill in your return). You can mention the circumstances you were in when you returned the request for driver's details and suggest that is why the error with the stamp may have occurred.  My feeling, however, is that your request will be denied. If it is, you will face sentencing under the normal guidelines. These suggest a fine of half a week's net income (reduced by a third for your guilty plea.- so one third of a week's income). You will also be ordered to pay a "Victim Surcharge" of 40% of the fine and prosecution costs of around £90. You will also have three points imposed on your driving record. You may be lucky and encounter a kindly Magistrate who settles on the fixed penalty equivalent or you may see something in between (with perhaps the prosecution costs left off). But the worst case is as in the previous paragraph. There's no need to fret too much over this. The important thing is to make sure you plead not guilty to both charges and make it absolutely clear that you will plead guilty to speeding only if the other charge is dropped. You may be asked to attend court or it may be handled under the SJ procedure. I don't know how they work this matter in South Wales.
    • The problem that I'm having is with Temu. I ordered a cat tree (£152.98) that I want to send back as it's too small for them/not as advertised/flimsy. I would never have paid that amount if I'd known what poor quality/ how small it was. I have contacted Temu about this numerous times, they did get back to me once but they didn't actually help me with their response. I tried to get in touch again but the emails only ran one way so I couldn't get back to them and tell them that they haven't answered me correctly on how to get the cat tree sent back to them. I have attached the emails correspondence into this post. Thank you in advance for the help and support.    Temu email.pdf
    • Stu007. Many thanks for your reply. They have supplied all the necessary documents so it looks like everything is above board.  Many thanks for the link, once again everything seems above board.  I have received a second claim form today as it says the one they sent me did not refer to my tenancy. Ill look at the details later   I have filled out the defence form, took pics, i will redact it later and post the pdf.  
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  • 3 weeks later...

No further updates or anything received.

I will submit the N181 forms soon. Might just need a little help but will try first.

 

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Posted (edited)

So I am completing the N181 for to send today (to be rec'd by 18th).

Below is how I think I need to complete but please correct if I am wrong. Still nothing received from the solicitors ?

Is it easier to use and complete the version that can be downloaded ?

A1 Yes to wanting to attempt to settle ? (mediation) ?

Do you want a 1mth stay No

B1 ignore

B2 state your local county court name

How do I know which is my local court for this type of claim ? Answer in my post Reason: Defendants Local Court

C1 = No - reason The claimant has not complied with Paragraph 3 PAPDC and failed to server a Letter of Claim pursuant to PAPDC changes of the 1st October 2017.

D1 = No

D2 = Fast Track

D3 = Yes 

D4/5 = ignore

D7 = No

D8 = CPR 31.14 request refused. - Claimant states defendant should have files already and refused to send copies.

D9 = ignore

D10 =Ignore

D11 = ignore

E1/2/3 = No

E4 =Ignore

F1 = yourself 1 witness name

Witness to which facts ? Do we write anything here ?

G1 = 0 days 2 hours (This is only a guide though)

G2 = complete if applicable (I don't know of any dates yet but what happens at a later stage if we not able to attend ?) Inform the court and agree with the claimant's solicitors if you're unable to attend a date. However the court dates should take priority.

H= Ignore

I 1= No

I 2 ignore

I 3 = No

J = Signature (only sign for court copy but print name for claimant solicitors copy ?).

Complete all other details including telephone number address email etc ?

Appreciate your help. Should we have received something from the other side by now ?

Send via next day delivery and get proof of posting ? 1st class and get free proof of posting from a post office.

1Penny

 

 

Edited by lolerz
Edits in Red - See my Post Below
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Please see my amendments in red.

You can find your local county court by putting your postcode into this form from gov.uk
 

WWW.GOV.UK

Use court finder to find a court in England and Wales or a tribunal in England, Wales and Scotland


Online form or postal is up to you.

3 copies:

1 To court (signed)

1 to Claimants solicitors (print name only)

1 for yourself.



Hold fire for an opinion from others first but I think that covers everything

We could do with some help from you.

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Hello Lolerz

Many thanks.

For D8 should I put that they have not fulfilled the CPR 31.14 request rather than they refused ?

For F1Witness to which facts ? Do we put entire claim or no need to put anything ?

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2 hours ago, 1penny said:

J = Signature (only sign for court copy but print name for claimant solicitors copy ?). No see below

Complete all other details including telephone number address email etc ?  Yes as you have opted to try to settle.

For D8 should I put that they have not fulfilled the CPR 31.14 request rather than they refused ? No

For F1Witness to which facts ? Do we put entire claim or no need to put anything ? Nothing just yourself or hubby wife partner if party to a agreement.

J = Claimant to set and confirm Directions

Rest is fine.

PDF version to complete on PC

https://assets.publishing.service.gov.uk/media/652018b32548ca000dddeec1/N181_1023.pdf

 

 

.

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We could do with some help from you.

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Just so you are aware,  unlike Small Claims Track,  Mediation has to be paid for in Fast Track by either party so opting for settlement does not necessarily mean you wish to enter in formal mediation.

We could do with some help from you.

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Many thanks for the clarification.

That was my understanding.

We are happy to speak with the claimants solicitors to try and resolve this without the need for court, as we have been trying during the past year. But it has to be affordable for us.

Let's see what happens.

Thanks again AndyOrch and Lolerz for your continued help and support.It is appreaciated.

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Just to clarify in section J as a bit confused.This section is for the Claimant only ? We do not sign this ?

 But we complete from date onwards ?

Apologies if a stupid question.

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Many thanks. So we leave section J entirely blank.

So we just print our name in the 'to be completed by' box on the first page.

No need to sign anywhere or provide contact details.

Many thanks, glad that I checked.

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J does not ask you to complete anything ...after J you complete the rest....if you wish to settle then I personally would provide contact details  (on the claimant's copy)otherwise it may prove difficult for the claimant to contact you. You must complete contact details on the courts copy.

We could do with some help from you.

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Ok, sorry me being stupid. I thought the details bit was all part of section J but I understand now having looked at the form again.

Many thanks

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No problem better to be sure but it is a bit confusing..if only the but an extra letter for contact details :-D 

We could do with some help from you.

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We both sent our completed N181 form to the court and claimants solicitors.

We haven't received anything from the solicitors yet but perhaps we will today.

How are directions agreed ? Does the claimant file proposed directions with their Directions Questionnaire ?

I will update once anything is received from the solicitors.

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4 hours ago, 1penny said:

How are directions agreed ? Does the claimant file proposed directions with their Directions Questionnaire ?

Yes and will ask you if you are in agreement and or wish to add /remove any direction.

We could do with some help from you.

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Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment.

Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment.

Appreciate the help through this process.

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If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set by the court.

 

.

We could do with some help from you.

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We received a copy of the completed Directions Questionnaire (N181) from the solicitors along with a draft copy of their directions.

I am on a course today so can upload over the weekend if needed.

By 4pm on 16th May both parties must each give standard disclosure of documents by way of list by category.

By 4pm on 30th May any request for inspection or copies of docs must be made and compiled 14 days thereafter.

I will provide more over the weekend.

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Attached is a redacted copy of the draft directions.

It also looks like they want to make an application for Summary Judgement according to the completed directions questionnaire.

What are our next steps ?

draft directions.pdf

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where are you getting this assumption of a summary judgement from?

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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