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**WON** Claim Received Incorrect Name

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  • #91
    Re: **WON** Claim Received Incorrect Name

    Yes well done.

    Comment


    • #92
      Re: **WON** Claim Received Incorrect Name

      Well done Proceed

      Comment


      • #93
        Re: Claim Received Incorrect Name

        :cancan:

        Bloody marvellous WELL DONE YOU !!!

        It is good to hear you had a judge who actually went off and checked the legislation ( and helpful that he agreed you were interpretting it correctly too ).

        It takes courage to argue your case in front of a judge like that so it is a well deserved win for you.


        Originally posted by Proceed View Post
        I think I may have dented the roof of my car doing an impression of Del Boy and Rodney after I got back to the privacy of the car park.

        I'm still grinning from ear to ear as I type, and I can stil hear it in my head.....

        "Claim Fails"

        My deepest thanks to [MENTION=55034]nemesis45[/MENTION], [MENTION=6]Amethyst[/MENTION] and all other contributors to this thread. If I had listened to the advice of my local free legal clinic I would be considerably less wealthy today!

        You Guys Rock! :lb:

        It was a long hearing and the judge questioned me as to every detail of my witness statement (posted above) particularly, asking me to explain to him why their default notice failed. To him (initially) it seemed to suffice, until I pointed out that if that did suffice then so would the same notice from 6 months earlier thus making the claim SB'd anyway. He decided to check all my references to the act.

        He asked me to wait outside while he checked the various acts and almost an hour later (having carried the acts books to another room and back again) called me back in, apologised for keeping me waiting and basically said their failure on the Default Notice was enough, siting that if he were to accept the claimants notice he would also have to accept the earlier instances of "notice of default sums". He also agreed that the Notice of Default sums does properly come under s.86E of CCA as you correctly pointed out [MENTION=6]Amethyst[/MENTION].

        I've calmed down a bit now I've got that off my chest.

        While this has been going on since July last year all my other debts have become SB'd and dropped of my file and my credit rating is back in the big green numbers.

        Christians 1
        Lions 0
        :tinysmile_twink_t2:
        #staysafestayhome

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

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #94
          Re: **WON** Claim Received Incorrect Name

          New Developement :

          Having only recently received a letter from court stating
          1. Claim dismissed
          2. Judgement for the defendant
          Dated 8 January 2016

          Letter received today from a new player:
          NOTICE OF CHANGE OF ACTING SOLICITORS Lowell Portfolio I ltd vs Myself with the same claim number...
          Please note with immediate effect we have been instructed to act for the Claimant Lowell portfolio in respect of this matter in place of Bryan Carter..
          You dont need to do anything. We have been provided with the file and our instructions are to deal with your defence..
          If you do not have someone representing you and wish to discuss this matter with one of our team you can do so by calling 01133353343
          If you are represented please pass this letter on to them as soon as possible.
          Yours sincerely
          lowell solicitors


          I have been on to the court to ask for the status and it is still showing as struck out in my favour however the file has been sent to another court for the original judge to look at again. The file is therefore not available at my court to get a difinitive answer.

          The clerk I spoke to seems to think they may have questioned the judges decision and suggested I call back in a week or so.

          @nemesis45

          Any comments at this stage Guys 'n Gals?

          Comment


          • #95
            Re: **WON** Claim Received Incorrect Name

            Originally posted by Proceed View Post
            New Developement :

            Having only recently received a letter from court stating
            1. Claim dismissed
            2. Judgement for the defendant
            Dated 8 January 2016

            Letter received today from a new player:
            NOTICE OF CHANGE OF ACTING SOLICITORS Lowell Portfolio I ltd vs Myself with the same claim number...
            Please note with immediate effect we have been instructed to act for the Claimant Lowell portfolio in respect of this matter in place of Bryan Carter..
            You dont need to do anything. We have been provided with the file and our instructions are to deal with your defence..
            If you do not have someone representing you and wish to discuss this matter with one of our team you can do so by calling 01133353343
            If you are represented please pass this letter on to them as soon as possible.
            Yours sincerely
            lowell solicitors


            I have been on to the court to ask for the status and it is still showing as struck out in my favour however the file has been sent to another court for the original judge to look at again. The file is therefore not available at my court to get a difinitive answer.

            The clerk I spoke to seems to think they may have questioned the judges decision and suggested I call back in a week or so.

            @nemesis45

            Any comments at this stage Guys 'n Gals?
            Hello Proceed,
            This could well be another Carter lash up taken up by Lowell's in house clowns, there 's been others similar recently.
            I guess it's a case of wait and see now.

            nem

            Comment


            • #96
              Re: **WON** Claim Received Incorrect Name

              Just an update to put this to bed finally.

              It would appear they asked the judge to clarify his ruling and sent the letter to me as a matter of course. I assume the judge concerned told them to xxx in no uncertain terms as my win still stands. Just checked today and the courts have no records of and contact from anyone later than my last enquiry back in April :tinysmile_twink_t2:

              Comment


              • #97
                Re: **WON** Claim Received Incorrect Name

                Originally posted by Proceed View Post
                Just an update to put this to bed finally.

                It would appear they asked the judge to clarify his ruling and sent the letter to me as a matter of course. I assume the judge concerned told them to xxx in no uncertain terms as my win still stands. Just checked today and the courts have no records of and contact from anyone later than my last enquiry back in April :tinysmile_twink_t2:
                Great news Proceed!!

                Have a great Christmas!!:tree:

                nem

                Comment


                • #98
                  Re: **WON** Claim Received Incorrect Name

                  Thanks for the update, Proceed.
                  Did you ever find out exactly on what they (Lowell) were seeking clarification?
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #99
                    Re: **WON** Claim Received Incorrect Name

                    No idea on that one I'm afraid, although the case was won on a "notice of default sums" being used as a "default notice". The judge agreed with me that if the cited "notice of default sums" were to be relied upon we could rely on the month befores' "notice of default sums" thus making the case SB'd
                    Last edited by Proceed; 16th December 2016, 17:28:PM.

                    Comment


                    • Re: **WON** Claim Received Incorrect Name

                      Fantastic news and well done you clever beagles!

                      An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
                      ~ Anonymous

                      Comment

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