Re: Lowell Court Claim - Former Tesco CC

by HuManChu Thu Nov 21, 2019 9:50 pm

Yes please, if you could point me in the direction of a template or other thats much appreciated.

by HuManChu Fri Nov 22, 2019 9:42 pm

Waylander, do you know how I go about getting the 14 day extension also?

by waylander62 Fri Nov 22, 2019 11:16 pm

no to be honest i dont, i would think you have to make an application, why do you want an extension ?

by HuManChu Fri Nov 22, 2019 11:21 pm

If I ask for an extension, it should increase the time from requesting the CCA, it should make the defense of not receiving it more credible. It's just a theory.

by waylander62 Fri Nov 22, 2019 11:34 pm

no, the opposite they have your CCA request, they now have a short time in which to produce it, if they dont or cant then that will go straight in the defence, if they opt to continue with the claim but still no agreement then you can request the court order it produced or else strike out the claim.

to have a 14 day extension just gives them more time to obtain a copy or to reconstitute a copy.

If they have issued a claim without even having had sight of the agreement or termination notice or statement of account then their whole claim is based on nothing but hearsay evidence and the court needs to know this.

why give them more time ? to sign a statement of truth without knowing the truth ...... ?

by waylander62 Fri Nov 22, 2019 11:35 pm

by the way has the claim form been signed ? ( at the bottom )

by HuManChu Fri Nov 22, 2019 11:42 pm

Understood, yes that does make more sense. Thank you for clearing that up for me.

It has a name in the signature section (the claimants legal representative) but this has been typed. I don't know if that makes any difference.

by waylander62 Fri Nov 22, 2019 11:46 pm

if it is an actual name of a person then it is accepted, however if they cannot produce a single document to back up their statement of truth then ..........

by HuManChu Fri Nov 22, 2019 11:51 pm

Yes, then we shall have to wait and see. Please do let me know about the part 18 when you have time.

Thank you for all your support waylander.

by HuManChu Sat Nov 23, 2019 11:34 pm

Hi, I haven't been able to find a template for the part 18 anywhere unfortunately. I understand it should list the documents you mentioned in one of your earlier posts but other than that I am quite clueless.
I should be sending this request as soon possible surely if it is going to help me with the defense, is that correct?

by HuManChu Mon Nov 25, 2019 5:25 pm

Have I lost you waylander?
I hope I do not seem to be pushy, or otherwise it is not my intention to offend you in any way. I hope all is well for you at any rate.

by **daveiron** Mon Nov 25, 2019 6:21 pm

Dont worry ,I am sure Waylander will get back to you asap. Some of us are able to spend more time here
than others can.

by **Mrblue2015** Mon Nov 25, 2019 6:41 pm

daveiron wrote:Dont worry ,I am sure Waylander will get back to you asap. Some of us are able to spend more time here
than others can.

Would second that. Remember HuManChu, we do this voluntarily as and when we can and outside of our normal busy lives Smile

by waylander62 Tue Nov 26, 2019 10:59 am

hi sorry

very busy and tied up in a family law case at the moment 7 day trial ongoing very long story ,

ok, part 18 does need doing but more importantly have you acknowledged service yet ? this is even more important.

how much is this debt for ? an approximate figure is fine dont post the exact figure.

keep looking through your own paperwork you may unearth something important.

i have sent you a private message huManChu

by HuManChu Tue Nov 26, 2019 11:59 am

Hi waylander,

-It's around 5k.
-I'm still digging for paperwork.
-I'll acknowledge the claim very soon, not to worry.

by waylander62 Tue Nov 26, 2019 12:14 pm

your deadline is 3rd december which is tuesday

by HuManChu Tue Nov 26, 2019 1:13 pm

Yes, that's what I've got down as well. My reason for delaying it so far is just to allow for the CCA request reply. I was going to wait for the end of this week (Sunday) to acknowledge claim and submit the defense. If you see no advantage to doing this, then I will not prolong it any further.

by waylander62 Tue Nov 26, 2019 4:28 pm

glad you posted NOto the defence do not submit any form of defence when you acknowledge service, the CCA request has nothing to do with acknowledging .

by **Mrblue2015** Tue Nov 26, 2019 4:48 pm

waylander62 wrote:hi sorry very busy and tied up in a family law case at the moment

All the best with that Waylander62 Smile

by waylander62 Tue Nov 26, 2019 4:50 pm

Mrblue wrote:
waylander62 wrote:hi sorry very busy and tied up in a family law case at the moment

All the best with that Waylander62

thank you, very difficult times at the moment

by HuManChu Tue Nov 26, 2019 6:00 pm

I'm sorry to hear that waylander, I hope everything works out for the best for you and your family.

by HuManChu Thu Mar 18, 2021 7:23 pm

UPDATE: The situation progressed to court stage. With a lot of help from waylander (Salt of the Earth) drafting various letters Part 18, Defense, during the interim. Eventually, I followed his further recommendation for legal representation.

I made several mistakes in this process. I won't name them all. Failing to respond to the "letter before action" with the 3 letter process opens up a whole can of worms. I was very fortunate to get the advice and support that was necessary to defeat these mercenaries.

Don't lose hope people, there are good friends in the world that you've never even met.
It is those that prey on the weak and misfortunate that really have the short end of the stick, they have to look at themselves in the mirror and pretend.

Don't give them your money, every win is a step closer to their inevitable destruction.

-My case has been struck out
-No rights to appeal

Thank you goodf.forumotion! God bless you all.

by **Mrblue2015** Thu Mar 18, 2021 8:24 pm

What a great post, really appreciate you updating us and your compliments to those who really deserve them!

by waylander62 Thu Mar 18, 2021 9:52 pm

great great result, sometimes if the DCA go all the way to a final hearing when mistakes have been made as long as the paperwork you have submitted is sound and contains the route to the correct arguments

instructing a top quality solicitor to represent you at the final hearing is the best way to go, so it proved in this case.

from very little hope to an absolute victory.

Very Happy

by HuManChu Thu Mar 18, 2021 10:09 pm

Thank you Mrblue you run a tidy ship. I hope that my success can be replicated tenfold by any of those that may find themselves in a similar position and are lucky enough to make their way here. I should add that the legal firm that represented me had incredibly fluid communication with the court, although I brought them in at a very late stage, there is positively no way I could have responded appropriately and timely to issues without them.
Waylander found the vital issue in lowells claim, I will not name it for fear of it being commonly corrected. However, it should become a cursory check for any else that mess up with the 3 letters and are unable to block the court action.

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