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Any help guys?
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Anyone???Comment
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What is it you need?
I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Wondering if my new defence is good?Comment
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I have no idea, we dont seem to have the claim details do we? I dont know what the claimants case is, we need to see the question before we can say that the answer is any goodI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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It's all one the first page of the forumComment
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No, it isnt, can you direct me to the post where you state what the particulars of claim say.Originally posted by Businessboy View PostI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Please see everythingComment
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There it is, i saw the first two docs but couldnt locate the claim. Now i can see it.Originally posted by Businessboy View Post
Ok simple. if the Defendant is the keeper but not the driver, then the Claim is misconceived, because the Claim is pleaded only as breach of contract which can only be with the driver, there is no privity with the keeper. Nowhere in the particuars can i see mention of the right to pursue the keeper, it doesnt seem to be there, thus if the Defendant WAS NOT the driver, then t hey are shaggedI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Okay awesome thats quite helpful! Should I use that and replace something else? I'm not sure how my current draft is going. If you go on page 2 you will seeComment
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Also I think your statement about not being liable as the keeper only may be wrong. I see a keeper liability if no known driver can be namedComment
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No, if they don't know the driver then they can only claim from the keeper IF they comply FULLY with the requirements of POFA. There is no automatic keeper liabilityComment
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But the main point I'm trying to get across in this defence is thst they do not know where this picture was taken and its unclear. If I start talking about driver and keeper surely I'm then admitting the car was where they sat it wasComment
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I'm just not sure if I shouldnjust leave my defence as I've shown you it further up the page. Or involve the points you have included I. E keeper liabilityComment
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You put everything and the kitchen sink in your defence. The main one is that they have not given details of the relevant land on which it was parked. A single road name is insufficient. and the road named is public and not private land and therefore not relevant land for the purpose of keeper liability under sched 4 of the protection of Freedoms act 2012.
The contract was the sign the driver saw. You have no evidence given of the sign that allegedly created the contract with the driver.
Here's some info https://guide2law.com/how-write-defenceComment
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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