Received Claim Form - County Court Business Centre

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Re: Received Claim Form - County Court Business Centre

Hi M1, thanks for the prompt response. My only observations about the schedule are:

1) I have never had any letters that I can recall chasing the debt.
2) the timeframe when the alleged contract was breached seems to be in excess of 12 hours which does not seem right as this is my wives car and at the time she was heavily pregnant and not going to work.
3) this car park does not exist anymore so I am unable to verify any of the terms of condition made on the schedule.
4) There is no mention that the claimant chased me for the debt over the past 4 years!

these are my only observations. I would be interested to see if they have a full image of my car as I am aware ANPR cameras only capture number plates.

many thanks for all your help

Badger

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Re: Received Claim Form - County Court Business Centre

Hi M1, I received this form from SRA asking me to complete and provide details of complaint against SWARTZ. Is this worth pursuing? I am flying tonight...

[mystery1]

Re: Received Claim Form - County Court Business Centre

Please describe your concerns as clearly as possible, using dates where applicable.

Mr Schwartz is under a control of practice order from SRA http://www.sra.org.uk/consumers/soli...ticle?decision . According to communication with SRA there are no employment arrangements approved by SRA.

I attach a claim form and particulars of claim which bear his signature which show that he is practising law against the control of practice.






The rest of the form seems clear. Send anything that bears his signature to them.

M1

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Re: Received Claim Form - County Court Business Centre

Hi M1 - hope you are well. I was wondering if you got an opportunity to sort out my defence? I am still away out of the country and return on the 26th.

kind regards
Badger

[mystery1]

Re: Received Claim Form - County Court Business Centre

badgedefence.odt

Check and edit to suit.

M1

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Re: Received Claim Form - County Court Business Centre

M1 - many thanks for your prompt response, it is appreciated. A few questions if I may?

1. The document you have attached is an ODT file. I have converted it to a DOC file and is now editable. Do I need to upload this onto the money claims website as a DOC or PDF?

2) At the end near the statement of truth the date is 12th February? did you mean March? if I was to upload this on the website would I need to put that date or today's date?

3) Do i have to wet sign the form after printing and rescanning or can I just submit as is electronically?

Many thanks

Badger

[mystery1]

Re: Received Claim Form - County Court Business Centre

1. To be honest i'm not sure. Either that, copy and paste or email. [MENTION=6]Amethyst[/MENTION] might know.

2. No, i just didn't bother editing it as i assume everyone knows they need to date it correctly. The date is just the 1st one i did which i use as a template now.

3. Just type your name and it'll be fine.

M1

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Re: Received Claim Form - County Court Business Centre

1. To be honest i'm not sure. Either that, copy and paste or email. @Amethyst might know.

2. No, i just didn't bother editing it as i assume everyone knows they need to date it correctly. The date is just the 1st one i did which i use as a template now.

3. Just type your name and it'll be fine.

M1

M1 - many thanks for a swift response. for those who are monitoring this thread the defence submission online is a cut and paste job so no need to upload any documents.

M1 - What are the next steps? will the court get in touch with me via email? how does this proceed and any time scales I need to be aware of?

Once again thank you for all the support, its for people like you and forums like this that we can protect ourselves from these scammers. I am also progressing the form submission with SRA.

thanks

Badger

[mystery1]

Re: Received Claim Form - County Court Business Centre

The claimant can file a reply to defence or you'll get a directions questionnaire.

Probably few weeks and by post.

The process is fairly slow until you get a deadline to meet.

M1

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Re: Received Claim Form - County Court Business Centre

M1- as per your instructions and very helpful defence template, I submitted this online and received a letter through the post a week ago. I have attached the letter...

My question is I have not heard anything since this letter was issued. If I hear nothing then does it mean that a stay will automatically enforced by the court?

I have further information from the SRA aswell. They have now considered my case and are investigating Mr Swartz. More on that later.

[mystery1]

Re: Received Claim Form - County Court Business Centre

Yes it would, but that would be unusual.. I'd expect a directions questionnaire to be your next contact which is quite straightforward and essentially means the track will be allocated (small claims) and your local court chosen as the venue.

M1

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Re: Received Claim Form - County Court Business Centre

Hi M1 - I have still not heard anything from the courts as per your last post. However in the interim I have had a letter from SRA saying that they are taking action against Mr SCHWARTZ and that his tribunal hearing is listed for mid July. Letter attached, could this be a reason why I haven't heard from the court yet?

[blimey2]

Re: Received Claim Form - County Court Business Centre

As I understand Halsburys Law, The law is absolutely clear on this subject. There is NO authority for administrative courts in this country and no Act can be passed to legitimise them because of the constitutional restraints placed upon her Majesty at Her coronation.
As I understand under the Bill of Rights it states that nobody can be forfeited nor fined without conviction. Am I to presume a computer found a Living Human Being Guilty? Without trial?
As I understand law, administrative courts are illegal & Newlyn are fraudulently demanding monies with no proof of claim whatsoever.
As I believe the Law of the Land, you are innocent until proven guilty, if there is no court, no judge, no person with any legal training & a computer issuing a warrant with no signature, this warrant was therefore not Live, therefore this is Fraud,

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Re: Received Claim Form - County Court Business Centre

Hi M1 - today I called the court to check what was happening with my case after I had submitted my defence and received acknowledgement from the courts but nothing else. was advised that the case was 'stayed' as the claimant did not respond. They would now have to apply to a judge to lift the stay. :goodjob:

Many thanks for all your help and advice, I am pleased this saga is now over!

Thank you and all the best

Badger

[mystery1]

Re: Received Claim Form - County Court Business Centre

It's not "over" until dismissed or discontinued. However, as you correctly point out, they need to apply to lift the stay and given the cost is pretty prohinitive given the amount in dispute it would certainly appear that all that remains is a notice of discontinuance.

In a few weeks we should email the court to see if they'll dismiss on their own volition due to the case being "parked" and clogging up the system.

M1