Re: In a pickle with Lowell

by waylander62 Wed Dec 09, 2020 10:05 pm

yes defend all of the claim

by waylander62 Wed Dec 09, 2020 10:19 pm

you must be careful when you are filling in these forms THIS GOES FOR ANYBODY READING THIS THREAD, including a response to a letter before action,

you must READ READ and READ again because DCA's often rely heavily on defendants basic mistakes, if you dont understand a part of something then ASK

within the last year a poster on this forum was in a similar position a claim form had been issued, i saw the claim form and it was a very poorly pleaded case by the claimant/DCA, lots of errors and easy to put in a good defence. The member was given a guide on how to fill in the form to acknowledge service and did just that ....... HOWEVER this member thought it would be a good idea to have a bit of a laugh and filled the forms in correctly except thought it would be a good idea to put PROVE IT in the defence box, we were putting together a solid defence to submit when the poster lets me know they have received a letter from the court stating " we acknowledge your defence this is now a defended claim "

WTF i thought until i found out about the "prove it" , NCCBC had taken "prove it" to be the defence !!!! so now we are in a situation where the claim ( which was winnable) is moving to a final hearing where the defence has just " prove it" , so without an experienced Solicitor representing the defendant they dont stand a chance in todays court system.

fair ? no of course not but the civil courts are not designed to be fair ?

educate yourselves and if in doubt ASK !!

by tiffy Sun Apr 11, 2021 2:08 pm

Update. Many thanks to @waylander62 for some of his advice, Lowell and Studio have decided not to pursue the claim any further!
hopefully never have to go through that again.

by **Mrblue2015** Sun Apr 11, 2021 9:37 pm

That's great news Tiffy, and a big thank you to Waylander62 (yet again) on behalf of GOODF!

by waylander62 Sun Apr 11, 2021 11:34 pm

i knew we could do it Wink

another lesson to be learned. Just because these parasites take it to court does not mean they will necessarily win the claim.

a good sound defence and a strong part 18 request for further information can and often does severely question their claim.

taken to court ? it really isn't the end ! i have helped on 2 cases recently and have been informed of the claimant's discontinuance in both, 2 in 1 week.

never give up the fight until the fight is done Wink

by **LionsShare** Mon Apr 12, 2021 12:06 pm

Especially with Lowell, I have stated - prove what you claim, as far as...... there is NO claim therefore NO controversy & nothing to be judged. I have NO dispute with you, again what is your claim? - Nothing ever comes forward for me, others are having different results, & it could change for me.

But as others congratulate, I now add mine, WELL DONE Very Happy

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