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Thread: Deal - Ash25 -Won

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  1. #26
    mystery1's Avatar

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    Default Re: Deal - Ash25

    Tick yes. It won't happen but if a judge sees it you want to look like the good guy.

    Use the address on the form or phone them and see if they'll take email. (the number may not be easy to find unless it's on the claim form)

    M1

  2. #27
    Ash25's Avatar

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    Default Re: Deal - Ash25

    Hi M1.
    I received the following notice from the court yesterday (13/01/14):
    Notice of Transfer of Proceedings:
    “This claim has been transferred to the County Court at Leeds for allocation. One receipt, the file will be referred to a procedural judge who will allocate the claim to track & give case management directions. Details of the judge’s decisions will be sent to you in a notice of allocation”.
    I guess its self explanatory but I am happy that the case has been transferred to my home town!
    What are the chances that the Judge will give his decision based on the defence submitted and not hold a hearing?

  3. #28
    Amethyst's Avatar

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    Default Re: Deal - Ash25

    Quote Originally Posted by Ash25 View Post
    Just got an email back from the SRA. Here is what they say:
    "A number of examples have been forwarded to our Fraud Intelligence Unit who have confirmed that this is a Scam and have therefore asked that you discard this accordingly."
    "A further communication will be posted on our website in due course."

    So do I discard the claim application? .....
    Sorry, just read this and that is utterly terrible advice. What did you send to the SRA ?

    Seems others have had the same advice from the SRA too


    Thank you for your email of 27 November 2014.

    We have been made aware that some individuals have received County Court Claim forms signed by a Mr M Shwarts purporting to be a Solicitor.

    A number of examples have been forwarded to our Fraud Intelligence Unit who have confirmed that this is a Scam and have therefore asked that you discard this accordingly.

    A further communication will be posted on our website in due course.

    If you have any further queries, please Contact Us.
    Thank you for contacting the Solicitors Regulation Authority.

    Yours sincerely

    Adrian Mckeown
    Contact Centre Officer
    Contact Centre
    Solicitors Regulation Authority
    0370 606 2555
    [email protected]
    www.sra.org.uk
    Has anyone tried to discuss this advice with the SRA ?

    Ahh few
    Apologies but may I please ask that you disregard my previous email as I have had a further update from our Fraud Intelligence Unit.

    It has been confirmed that Mr Shwarts is a suspected bogus solicitor who is being used to sign off on the document pre-mentioned.

    However it appears that the County Court summons is infact a genuine document and therefore you will need to respond to this with your defence accordingly.
    As you were............. ( apparently I'm a bit behind lol )
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  4. #29
    mystery1's Avatar

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    Default Re: Deal - Ash25

    Quote Originally Posted by ash25 View Post
    hi m1.
    i received the following notice from the court yesterday (13/01/14):
    notice of transfer of proceedings:
    “this claim has been transferred to the county court at leeds for allocation. One receipt, the file will be referred to a procedural judge who will allocate the claim to track & give case management directions. Details of the judge’s decisions will be sent to you in a notice of allocation”.
    i guess its self explanatory but i am happy that the case has been transferred to my home town!
    what are the chances that the judge will give his decision based on the defence submitted and not hold a hearing?
    0.000000000000000000000000000000000000000000000001 % approximately.

    M1

  5. #30
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    Default Re: Deal - Ash25

    Hi,

    Have you received a copy Directions Questionnaire served upon you by DEAL?

    You may want to write to the County Court to which your claim has been transferred and ask for the case to be struck out based on the fact that the Claimant has not served a copy of their Directions Questionnaire to you and the fact that the Claim Form was signed by a "M Shwarts (Solicitor)", there is no such solicitor in the Law Society's records, and the Law Society's fraud unit has confirmed in emails that this is a fraud. Anything to keep the pressure up.


  6. #31
    Ash25's Avatar

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    Default Re: Deal - Ash25

    Quote Originally Posted by primafacea View Post
    Hi,

    Have you received a copy Directions Questionnaire served upon you by DEAL?

    You may want to write to the County Court to which your claim has been transferred and ask for the case to be struck out based on the fact that the Claimant has not served a copy of their Directions Questionnaire to you and the fact that the Claim Form was signed by a "M Shwarts (Solicitor)", there is no such solicitor in the Law Society's records, and the Law Society's fraud unit has confirmed in emails that this is a fraud. Anything to keep the pressure up.

    Hi
    I have not received the Directions Questionaire from DEAL.
    Will notify the court in due course.
    Many thanks for your help!

  7. #32
    Ash25's Avatar

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    Default Re: Deal - Ash25

    I just got a call today from DEAL (sounded like a call centre). They wanted to know if I wanted to settle the claim today by making them an offer of payment.
    I said I certainly am not paying the £230 currently being claimed and wanted to take this to court. I made them an offer of £10 - my transport costs to court if there was a hearing! They said they will get back to me after the offer is discussed with their manager!

    I have been following a similar thread where a 'paper hearing' has been scheduled. As I want to avoid this happening in my case, I have already written to the county court and asked that this matter be dealt with in court where the bogus solicitor M Schwarts make representation.

  8. #33
    ostell's Avatar

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    Default Re: Deal - Ash25

    But you get your transport costs back after you win!

  9. #34
    Ash25's Avatar

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    Default Re: Deal - Ash25

    Yes that's true but I just want bring closure to this.

    I don't like the sound of these paper hearings that being rolled out.
    So my earlier comment about the judge making a decision on the submitted defence could actually be true.

  10. #35
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    Default Re: Deal - Ash25

    Keep the faith Ash25. You have great support on here and are doing well.

    DEAL/CEL have tied a noose so tight around their own necks they are in danger of suffocating themselves. The Courts and Authorities have recently been overwhelmed with mass evidence of the sheer greed and incompetence of CEL/DEAL.

  11. #36
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    Default Re: Deal - Ash25

    Hi
    Im also being taken to court by DEAL and M Schwarz. But I have been emailed by the SRA last week saying that they contacted DEAL and he does exist and it was a spelling mistake. The SRA have now confined he is a bona fide member and lawyer. The SRA say they are now investigating if the 'spelling mistake' is against the law.

  12. #37
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    Default Re: Deal - Ash25

    It looks as though DEAL are taking a lot of people to court.
    We just need to keep a track of things are see how things pan out for each case.
    I still have not heard anything more from the courts since the notice to change courts to Leeds on 13 Jan 2015.
    DEAL rang me saying they wanted £45 plus the £35 court fees to settle claim. I declined.

  13. #38
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    Default Re: Deal - Ash25

    It appears that CEL are no longer in charge of the car park where my PCN was issued. It is now run by a company called 'Horizon'.
    I believe this change took place end of last year.
    So here is my query. Do CEL have the grounds to still pursue this claim?
    Can I use this in my defence in anyway?
    The co-op may have received many complaints that forced them to sack CEL & get another company. I will try to attach a pic of the new signage in this co-op car park.

  14. #39
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    Default Re: Deal - Ash25

    The change has no bearing on your case. In any event we have challenged that right in the defence.

    M1

  15. #40
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    Default Re: Deal - Ash25

    Victory at last!
    I thought I would share this momentous occasion with you. I received the following letter from the courts today:


    "Upon reading the file, it is ordered that;

    The statement of case of the claimant is struck out as it fails to disclose any facts to establish a cause of action and fails to comply with PD16.7.3.
    Unless the claimant files:
    a) amended particulars, and
    b) an amended claim form which contains the name of the firm at which Mr Shwarts practises by 4pm on 12th Feb 2015, the claim will be struck out."

  16. #41
    mystery1's Avatar

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    Default Re: Deal - Ash25

    Ya dancer

    Not quite a complete victory but that's beautiful, it really is.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email [email protected] if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  17. #42
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    Default Re: Deal - Ash25

    Yes that is truly brilliant. xx
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  18. #43
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    Default Re: Deal - Ash25

    Quote Originally Posted by Ash25 View Post
    Victory at last!
    I thought I would share this momentous occasion with you. I received the following letter from the courts today:


    "Upon reading the file, it is ordered that;

    The statement of case of the claimant is struck out as it fails to disclose any facts to establish a cause of action and fails to comply with PD16.7.3.
    Unless the claimant files:
    a) amended particulars, and
    b) an amended claim form which contains the name of the firm at which Mr Shwarts practises by 4pm on 12th Feb 2015, the claim will be struck out."
    Excellent.

  19. #44
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    Default Re: Deal - Ash25

    Quote Originally Posted by mystery1 View Post
    Ya dancer

    Not quite a complete victory but that's beautiful, it really is.

    M1
    Yes it's not a full victory yet but I will be relying on the poor competence of DEAL not to submit an amended claim!

    Thanks to all who have helped me with this. I am truly grateful for your advice & continued support.

  20. #45
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    Default Re: Deal - Ash25


  21. #46
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    Default Re: Deal - Ash25

    Oh gosh.
    I hope DEAL are not reading this & putting together a cunning defence!

  22. #47
    mystery1's Avatar

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    Default Re: Deal - Ash25

    They'll read it but it they'll have all that anyway.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email [email protected] if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  23. #48
    Amethyst's Avatar

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    Default Re: Deal - Ash25

    Should have some news on this tmw @Ash25 if you didn't receive the amended claim form by 4pm on 12th Feb 2015 give the court a buzz and see if they are striking it out.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  24. #49
    Ash25's Avatar

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    Default Re: Deal - Ash25

    I did ring them on Friday 13 February. Court staff confirmed nothing was on record but there was a backlog of some paperwork .......
    I will ring again this coming Tues/Wed.
    Will keep everyone informed .

  25. #50
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    Default Re: Deal - Ash25

    I telephoned the Court today. They confirmed that an amended claim form has not been received!

    I have written to the Court stating that due to non conformance of a Court Order the case should be formally closed i.e struck out.

    Victory.

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