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Court

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Re: Court

Post by petesomething on Tue May 09, 2017 5:49 pm

Hi lopsum

Most people lose by just not turning up for court. What makes me mad is they apply to court without any proof of any alleged debt.

I had to do the unless order and the N244 form, which cost me £50 at the time for the court to order them to supply me with the information. But why does the court allow this? If they have not got the proof, why are they taking us to court.

To clear another point up, on my default notice they put my new address which i did not live there at that time, unless I had Doctor Who's Tardis. They falsified the default notice, so i did another N244 form to have the case struck out, but they made it the final hearing. The court did not strike it out because they put the wrong address, which was an address from the future and fraud. But on the second default notice they supplied, they put the correct address for that time, but this time they put the wrong credit card number. So they didn't strike it out for the first default notice, and i won my case on the default notice not being true copies and of course the credit agreement.

Basically they can make up these papers and the court lets them do this. But what the courts should be doing is fining these people, or we should be allowed to sue them. But like i said, these debt collection firms are making the courts thousands of pounds each year.
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Re: Court

Post by Lopsum on Tue May 09, 2017 7:17 pm

so by making it the final hearing this stops you from counter claiming?
so its the judge who you should claim against as facilitating the fraud and protecting criminals!!
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Re: Court

Post by petesomething on Tue May 09, 2017 7:27 pm

Yes, it was on a thursday afternoon. Luckily i get paid on thursdays and i had a wage slip in my wallet. I asked the judge about the money i have spent and the afternoon i have lost off of work, she told me i could not claim nothing, unless i can show proof of my earnings. So i said, i have got a wage slip in my wallet and she let me claim the afternoon's pay.

If i did not have my wage slip in my wallet, i could not even claim the half day.

I want people to know when i first went to court, i think it was on a monday morning. There was 6 solicitors in the hallway and i was the only defendant there. These other solicitors were in and out of the court within 5 minutes, when i went in we were in there for almost 1 hour. The final hearing, the court case was 1:30pm, must have went in about 2pm, and we did not come out of the room until gone past 4pm.

Think, if all the people went to court, the courts would be clogged up. And i want people to understand if you do not turn up for court, you will lose by default, even if they have not got the paperwork.


Last edited by petesomething on Tue May 09, 2017 7:29 pm; edited 1 time in total (Reason for editing : mistype)
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Re: Court

Post by Lopsum on Tue May 09, 2017 8:06 pm

cheers pete, im just going over the argument some have on the other site , saying the 3 letters is ineffective simply is not tested for the conclusion to be drawn! And its akin to not saying no to a bully "because its ineffective" .This is the nuts  of the argument and they are wrong.
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Re: Court

Post by petesomething on Tue May 09, 2017 8:53 pm

i was told off on other site about billing , the court will not let you win on the billing side , it would be end for the DCA,s but they worry , it will only take one clever person to claim , then we all will ,

this is why the DCA,s worry
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Re: Court

Post by landlubber on Wed Jun 14, 2017 3:38 pm

If anyone is confronted by a court appearance and is subjected to paying a sum of money and fill in forms, the N244 for instance, then the courts are in breach of your human rights under the declaration of human rights 1948 article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation this declaration and against any incitement to such discrimination.

In being forced to pay out any money, they are setting up a barrier that may/could prevent the wo/man from getting full justice based upon their ability to pay. That's fraud.

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Re: Court

Post by paymydues2 on Fri Jun 30, 2017 12:50 pm

After reading all this one thing strikes me.
Are we not advised NOT to go to court as we are not dead fictions but live individuals? Is this system not geared up to rip us off by all the wordplay and absolute fraud that goes on daily?

If we ever get a invitation to go to court what about the 'I cannot attend as I am a live man' I can only send my birth certificate. Or ask them what or whom they are requesting to attend said court.
I know it right to act honourably and asking them this would surely be the right thing to do.
To me it would seem going into court willingly is like entering a den full of lions and hoping to come out unscathed.

One things for sure I will NEVER EVER entertain the illusion of borrowing debt from banks  or so called credit cards ever again.
Thankfully I never fell for the 'death grip' (mortgage) either.

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Re: Court

Post by petesomething on Fri Jun 30, 2017 2:13 pm

Hi paymydues2

if you need to go to court Shocked ( GO ), do your home work  end of the day you may win Very Happy
if you dont go you will lose by default and may have court bailiffs at your door , would you or your family want this do you want your front door drilled goods taken out of your home Mad
my self i will say , do the three letters ,estoppel if you need to bill them bill and send the new bill cover letter with the bill  before it gets to court action,

All we can do is tell people what we did and won , i may say this , next person may say something different,( billing can work ) ( KEEP TO THE PROCEDURE) ( ONLY YOU CAN DECIDE  what to do  )Rolling Eyes ,
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Re: Court

Post by bigend on Sat Jul 15, 2017 1:04 am

@landlubber wrote:Pete, it's always worth considering that DCA's are third party interlopers and unless you admit to having a debt with them, they haven't a leg to stand on no matter what they say or do. And should they come up with some document that purports to have your signature (sorry, autograph) on it, then the response is straight forward...I don't recall signing that. Wink

Hi ,could I ask you just to clarify further re interloper DCA`s? If you have acknowledged a DCA`s demand - say for example ,an alleged pre -2007 cc debt (and started making agreed repayments) they would be able enforce their claim in court, should you stop paying and contest the debt using the 3 letters, because you have previously admitted to the debt with them?

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Re: Court

Post by daveiron on Sun Jul 16, 2017 9:18 am

Hi bigend,

You could try something along the lines of;

Re alleged debt account no.xxxxxxxxx I have made payments to you as letters received from you whilst not exactly containing threats ,most certainly caused me a great deal of stress .However I am now been advised to request from you valid proof of claim that this alleged debt exists.

Therefor please supply the following ; ( what is asked for in the 3 letters ) & additionally ask for a signed statement from a named individual from the OC that this account has never been sold or traded in any way,and that no insurance claim has ever been made in respect of this alleged account , prior to it being sold to (dca).


Take notice that i am now placing this alleged account in Dispute.


Last edited by daveiron on Sun Jul 16, 2017 10:18 am; edited 1 time in total (Reason for editing : addition)

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Re: Court

Post by bigend on Sun Jul 16, 2017 3:40 pm

Thanks daveiron.
So the course of action would be to challenge the debt`s existence?
If it has been (a) previously sold or (b) had ins.cashed then up my oc has balanced his books and this debt is no longer owed to the oc by me ?
And unless the dca responds showing he has possession of the original signed cca and a NOA(? () then i dont owe them either and no court case likely ?

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Re: Court

Post by daveiron on Sun Jul 16, 2017 6:08 pm

Hi bigend,

Yes as you have been making payments ,i think you will need to state that you made payments because you found their letters intimidating ,& you now have additional information ,If its pre 2007 there is very little chance that they can provide what you require via the 3 letters.

If like me you do not own your home & you can probably get rid of them with one letter.
if thats the case let me know

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Re: Court

Post by bigend on Mon Jul 17, 2017 11:47 pm

 Thanks.
A few alleged  cc debts returned to oc`s.  

Deal just with dca`s who`ve bought, (paid off) debts not oc`s who`ve recalled ?

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judge dismissed my hand written defence statement i disbaled on my own he abused me, i noone to type up

Post by Whymeok on Mon Jul 24, 2017 12:34 pm

hi i like to know what or how or what to do, i disbaled very ill , no one to type up all my defence paper work in response to lowells lawyer in court, northampton, order took 4 weeks to come to me , by evil male judge whom tried every thing to mental abuse degrade me , i shown no breach of contract with a 2014 i canlled ed in wirting and in shop , in time scale i had my letter of this proof , and i did all 4 lette process in 2016, all got no where , i used help this past year with my medical evidance , and income out goings, on dwp esa ,,, high support care needs, judge dismiss this to, now how do i reply to order,
the clerk of court delay sending court order out,any view what do do, i never experince ill teatment of civil matter in this manner.i well come, feed back , my ferinds no time to help me type up or help me.

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TRUE COPIES IN COURT

Post by EGGS&BACON on Tue Sep 12, 2017 1:03 pm

Hi

This is great information!

Please can someone clarify about the copies/true copies bit - I have read it several times but cant get it into my head!

Do the DCA/Solitors have to produce the real photocopied/or the actual real agreement for the court.......
and are allowed to send us in the post a copy of a sample credit agreement/default notice etc?

In other words - the Court expect a copy of the real agreement/signed by us for the Court Hearing but a resonctituted version is acceptable for showing us when they are chasing the debt in the first place.

Hope I haven't done your heads in! Mine is.....

Cheers

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Re: Court

Post by petesomething on Tue Sep 12, 2017 7:35 pm

HI EGGS&BACON

The agreement will have your signature on it , in court they will normally have a photocopy, but must be true copy,, can you read it...
default notice bank statements  can be reconstituted but must be true ,
Default notice , has it got the right name ,address , account number , and must give you  i think  its 14 days to pay



Last edited by petesomething on Tue Sep 12, 2017 8:18 pm; edited 1 time in total
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Re: Court

Post by Whymeok on Tue Sep 12, 2017 7:58 pm

ok i infromed using a ferind f book page ie im in vulnerable disbaled adult surely from start both local cab / ie ment well to help me seek set side jjc, then i got so ill again had again to seek time to put my denfece in, more ill health one thing after another, so court staff put deadline date i unbale to get type up or knew how my denfence, all by hand, so now ,,weeks on trying to seek someone to help, yet cab etc , ones i saw, all this time claimed i was not wrongly adviced, all this time,,, i refered to welfare debt manager weeks more delays, then court order never got to me, i using this as court staff caused the delay in date on order and post mark date all after deadline, claimed to re enter my defence,
i not got 50 by tomarrow to lowells out of eas, as thye got another ccj same case number, so again i made to wait debt adivce localy, so till now only claim reason for delay my defence this time to set aside in court new ccj, if court staff or a IT system put wrong dates on oroder of judge, may get thrown out, plus i thought debt company ment to have pova policy? if this correct, or what now?

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Re: Court

Post by man on Wed Sep 13, 2017 3:01 am

i might be a bit behind nowadays, but why not as part of the 1st letter of the 3 letters, do a Subject Access Request for everything they have about you under the [powerful] Data Protection Act? Might receive something advantageous.

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Re: Court

Post by Ausk on Wed Sep 13, 2017 9:00 am

If we are the defendant and we win why not apply for costs?

Why not claim for things like costs to lodge documents, time to study and respond to documents provided by the litigant, transport costs, costs of meals and drinks, costs for lost wages for days off work to attend court etc etc.

We have nothing to lose and something to gain by lodging reasoanble claims for costs incurred.



If we the people, dont put pressure on courts to dispense just outcomes without fear or favor, it only encourages them to favour business organsations.

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Re: Court

Post by 1saberwow on Wed Sep 13, 2017 11:10 am

Whymeok i think you need to start your own thread as your posts are been over looked. By having your own thread your posts may get a better response rather than been over looked.

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Re: Court

Post by petesomething on Wed Sep 13, 2017 6:56 pm

hI Ausk

In court if you win you can claim your days pay , but you must have you wage slip with you or the judge will not accept your request.
and i agree with you.
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