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claim issued in breach of CCA request

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  • #16
    Originally posted by Amethyst View Post
    All I can suggest is that the defendant contacts MC and checks with them exactly what's going on. They issued the claim in error so it's not beyond the realms they issued the follow up letter in error. To make any complaint you need to know if the claimant or the court are at fault.







    To err is human.....?

    https://cdn-images-1.medium.com/max/...VK4DNCER8A.png

    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


    • #17
      To err is human.....?

      i accept to a degree this point however

      1) initially they got the original creditor wrong within their LBA error number 1
      2) they then sent a contradictory letter error number 2
      3) then they issued a claim whilst in clear breach of their own assurances ( in writing ) error number 3
      4) then they discontinued the claim without serving the paperwork on the defendant letting them know error number 4
      5) now they are telling the defendant they are applying for judgment after discontinuing error number 5
      6) defence is not even overdue until 23rd april error number 6

      defendant is an LIP and has been caused a great deal of unnecessary stress and anxiety by all of this and is now wondering if the court may issue judgment by default in error ( it has happened before )

      how many errors are they permitted before someone says enough is enough !!

      Comment


      • #18
        Forget the errors & forget your feelings.

        Respond to this as an active claim. Do not converse with the claimant in any way apart from asking for documents.

        Reply to the court as instructed by the court. (ps forget your passion & do as the court says. it is beyond personal. Its business)
        Last edited by GBExile; 17th April 2019, 21:07:PM.

        Comment


        • #19
          but it isnt an active claim !

          documents were requested

          the court says claim discontinued.

          but they are still carrying on with their threats, good business i guess, we have to lie down and accept it ?!

          Comment


          • #20
            Originally posted by chareosS View Post
            but it isnt an active claim !

            documents were requested

            the court says claim discontinued.

            but they are still carrying on with their threats, good business i guess, we have to lie down and accept it ?!

            Ignore it. Dont get upset. A bit of paper doesnt mean jack all unless sent by court.

            If you feel harassed then ring the police &/or write to the FOS. More important things to think about.

            No offence... do you really have to worry if the court says "claim discontinued"? Just forget about it.

            Comment


            • #21
              fair point, its not actually me personally

              but it is upsetting the defendant and causing a lot of anxiety as they dont understand what is going on and asking how they can stop them

              Comment


              • #22
                Originally posted by chareosS View Post
                fair point, its not actually me personally

                but it is upsetting the defendant and causing a lot of anxiety as they dont understand what is going on and asking how they can stop them
                Come back when you have a problem. Trust me "claim discontinued" is not a problem.

                Watch a game of football or something. Manchester City V Tottenham Hotspur is a game to watch this weekend.

                Chill. I know it is upsetting. I have had 4 court cases (4 won) & one ongoing (personal). But all you need to do is focus on what is next. In your case nothing is coming next. Enjoy your Easter.

                Comment


                • #23
                  Originally posted by chareosS View Post
                  To err is human.....?

                  i accept to a degree this point however

                  1) initially they got the original creditor wrong within their LBA error number 1
                  2) they then sent a contradictory letter error number 2
                  3) then they issued a claim whilst in clear breach of their own assurances ( in writing ) error number 3
                  4) then they discontinued the claim without serving the paperwork on the defendant letting them know error number 4
                  5) now they are telling the defendant they are applying for judgment after discontinuing error number 5
                  6) defence is not even overdue until 23rd april error number 6

                  defendant is an LIP and has been caused a great deal of unnecessary stress and anxiety by all of this and is now wondering if the court may issue judgment by default in error ( it has happened before )

                  how many errors are they permitted before someone says enough is enough !!
                  Sorry, ChareosS
                  I was just trying to lighten things up bit.
                  If you (&/or your Defendant LIP) are feeling a bit aggrieved, perhaps you could consider

                  https://swarb.co.uk/ferguson-v-briti...a-10-feb-2009/
                  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


                  • #24
                    arkell v pressdram IS what you need to read, It will make you smile.

                    Comment


                    • #25
                      Originally posted by GBExile View Post
                      arkell v pressdram IS what you need to read, It will make you smile.
                      Arkell -v- Pressdram?

                      F

                      This post has been interrupted by Legal Beagle Admin.
                      We apologise for any inconvenience this may cause.
                      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


                      • #26
                        Originally posted by charitynjw View Post

                        Arkell -v- Pressdram?

                        F

                        This post has been interrupted by Legal Beagle Admin.
                        We apologise for any inconvenience this may cause.
                        Oh yeah?

                        Quis custodiet ipsos custodes, then?

                        (Rotfl )
                        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


                        • #27
                          Originally posted by charitynjw View Post

                          Oh yeah?

                          Quis custodiet ipsos custodes, then?

                          (Rotfl )
                          One thing I have learned over the last 3 years on this site......There is no price on sanity!!

                          Comment


                          • #28
                            Originally posted by GBExile View Post

                            One thing I have learned over the last 3 years on this site......There is no price on sanity!!
                            Hi GBExile

                            Absolutely.

                            There is definitely no sanity clause.

                            Ps...sorry about writing this in crayon.
                            They don't allow sharp things like pens & pencils in here.
                            We don't even have the interweb!

                            Yours sincerely
                            Napoleon
                            Emperor of France

                             
                            Last edited by charitynjw; 20th April 2019, 07:31:AM.
                            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


                            • #29
                              Very funny. Made my day! Cheers!

                              Comment

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