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    • ok thanks guys. really appreciate the reassurrance. Yeah i'll get those done today/tomorrow. I kind of sent a CPR request as my initial appeal of the ticket to them which they ignored. I'll send it again and copy it to the court. Is it ok to email this to the court to the same email address I sent my defence to or does it need to go by mail?   Also I can't seem to login to moneyclaim anymore, it's asking for a gateway id which I didn't create nor need to respond to the initial claim form I used the claim form id to login?   On an unrelated note. I'm sure you guys will appreciate these videos. (i'm preppeing for court 🤣   9 pigeon holes - Irving Younger   Irving Younger's 10 Commandments Of Cross Examination at UC Hastings College Of The Law
    • Sorry    Here it is one file small enough to fit within the limit. BoS CCA.pdf
    • Hi Bank Fodder  Thankyou for taking the time to reply in such detail  We always go above and beyond for all our customers and this is the first customer in over 2000 cars  that we have been unfortunately unable to keep happy  If you dont mind i would just like to clarify a few points  1: Section 75 covers you for the entire purchase amount even if you only pay a £10 deposit with the card We actively encourage every customer to use a card for there deposit for just this reason  2: We put a six month fully comprehensive warranty on nearly every car we sell which you can use at any vat registered garage so nobody needs to bring a car back 150 miles  3: The initial £150 was more than fair, we pay £180 inc vat to have a bonnet painted please feel free to contact our bodyshop GT autobody and paint solutions 07792728174 should we be required to go to small claims i can provide bank statements and invoices going back 5 years to collaborate this if necessary  4: If the car did need to come back here for any reason we have a fully insured loan car which is completely free of charge and even comes with fuel 5: When claire sent the photos we counted 14 stone chips in total she has zoomed in so they look huge when in fact they are minor and as she has admitted on here (difficult to spot in sunlight)  6: We are not in fact in breach of consumer law, in fact we are far from it, Consumer law allows for the car to be in a fair condition allowing for wear and tear relating to age and mileage, we didnt hide the stone chips we openly pointed them out so how can we be in breach?  7: Claire asked for £150 i gave her £150 8: Claire asked for a bigger contribution i offered a bigger contribution.  9: Claire changed her mind again and decided she wanted a brand new bonnet payed for exclusively by me at 3 times the price it would normally cost me without making a contribution herself, add to this the fact that her first email was blackmail at best and i kept my kool and replied respectfully as we have throughout  Im sorry but thats were we draw the line  9: I didnt post every email as there are over 30 of them 😳 10: For completeness when we spoke to the AA mediation service and asked them what they would like us to do they informed us we were under no legal obligation to do anything, there opinion was that we had already gone above and beyond what was necessary under consumer rights.  Personally at this stage we just want to refund her in full and have our car back  Sincerely  Mark  Gem Cars Ltd 
    • Hi dx #4 amended I will get this sent tomorrow if it’s ok?   any advice will be welcome 🙏    In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant  WITNESS STATEMANT OF XXXXXXXXXX    I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected email correspondence of a formal request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.The claimant offered a confusing payment alternative that did not reflect the true status of my loan. exhibit 1    3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that the claimant was issued a CCA request asking to supply me with a true copy of the alleged agreement they referred to. This is my right under their obligation to supply a copy of the agreement under the legislation contained within Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) in on the 25/11/2020   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   a £1 postal order also attached to the CCA request to which the claimant informed me by email that the £1 postal order was then used as payment towards the loan amount. Exhibit 2   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.   Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this Witness Statement are true.   Signed ……………….   Dated on the day ……………….     Thanks G
    • Thanks for your explanation. That makes much more sense now.    I've been doing exactly what you were saying since I realised a dispute was likely to occur. I've always been civil and impeccable in my behaviour and approach.   The company has destroyed their reputation and image through their conduct with me which has put me in a good position thus far.   I was just concerned that you didn't understand the full picture and were telling me to keep giving them more attempts because you were trying to help me solve this dispute.   I'll send that email to them tonight and update you with their response.   I've realised a long time back that small claim court is won by not just those who are in the right, but those who are reasonable, fair and calculated in their approach.   Thanks
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Right guys, i am one week away from a possible victory, as I have claimed via MCOL, it states that you have 2 options to choose when starting judgement

1) Says along the lines of "The defendant has not filed a defence or admission, the other says

2) the defendant admits all is owed,

 

So if It comes to midnight 13th June, and they havent filed a defence (even though tthey sent a Acknowledgement of Service) which of the options do I choose????

 

HELP!!!!!!!

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No, if you read some of the other threads there are warnings about hitting the judgement button too soon, even after the date has passed, as this can delay the whole process.

My point was (or is) that they will in all probability file a defence, it just buys them some more time......

Andrew

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Yea!!!

 

Just read the MCOL on line guide, and it says that you should enter default at the next day on the basis they have not sent their defence in to the court otherwise it takes preference, so hopefully on the 14th I can enter judgement against them

 

Fingers crossed!!!!!!

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I would personally allow them an extra few days beyond this deadline as the court does tend to allow them to submit a late defence. If this is the case and you've already entered judgement then the defendant will be allowed to apply for a set-a-side. This will then only delay proceedings even further.

 

I would expect the defence to be submitted on the deadline day or a couple of days later as this is usually the case.

If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

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