Claim form received from Debt Enforcement & Action ltd -Won

[mystery1]

Re: Claim form received from Debt Enforcement & Action ltd

http://www.legalbeagles.info/forums/...ement-of-truth

A letter/email to see if your local court is interested in stopping claimants take the mick out of them.

M1

[Jaxjax]

Re: Claim form received from Debt Enforcement & Action ltd

Thank you for this [MENTION=5354]mystery1[/MENTION] - I will send to the court in the next few days. I have misplaced all my documents (my 3yo got hold of my file) and have requested copies from the court. On a further note I have also been given a court date - 24 June. So other than sending this letter I suppose I should start preparing to actually go to court. Any advice? Have I reached the point now where I should get a solicitor too?

[mystery1]

Re: Claim form received from Debt Enforcement & Action ltd

A solicitor will no doubt charge more than you can lose.

Do you have a date by which you need to supply witness statements and documents on which you seek to rely ?

M1

[Jaxjax]

Re: Claim form received from Debt Enforcement & Action ltd

Hi [MENTION=5354]mystery1[/MENTION],

Apologies I've taken so long to get back to you.

My witness statements need to be submitted 14 days before the trail - so by 10 June. I have tried contacting the court to find out if DEAL have paid the court fees, but the court is having systems issues and they will call me back later today. The court fees was due on 6th May and when I spoke to the court last week (13th May) the fees had not been paid.

I have also received a letter from DEAL with their witness statements and a note to say that if I pay the £215 now they will forego further steps otherwise it will cost me £545. They have added witness statements basically refuting everything we have said previously and added a copy of the notices on display at the car park and letter from Co-Op saying that DEAL are allowed to issue tickets. They have also added a claimants Schedule of Costs.

I am happy to retype or scan and post the witness statement if you need to see it. One thingthough - the witness statement refers to CEL (Civil Enforcement Ltd), but the claimant is Debt Enforcment & Action Ltd. They have also stated that the county court is Bromley, but the case was moved to Lambeth.

Lastly I have today sent your letter about taking the mick to the court - I will keep you posted.

I'm not sure on next steps and have no idea on witness statements - can you offer any guidance please

[Kati]

Re: Claim form received from Debt Enforcement & Action ltd

posting up redacted copies is a good idea (if you can of course) xx

[mystery1]

Re: Claim form received from Debt Enforcement & Action ltd

If they've sent the disgraceful costs letters then they are pretty unlikely to make it to court.

A witness statement is something about the facts written in your own words. Write what you can about the date of parking, for example if you didn't see any signs etc any events in the period since then will help too.

http://www.justice.gov.uk/courts/pro...ess-statements.

CEL were the company that ran the car park (it might actually be a sister company call creative but that's another story) and CEL transferred the "debt" to DEAL.

Looking back i suspect your witness statement won't say much. I would include details of the letter you just got regarding costs to let the court see the real them.

M1

[Jaxjax]

Re: Claim form received from Debt Enforcement & Action ltd

Thank you M1 - would it be OK it I draft the witness statement and you give it a quick once-over please?

[mystery1]

Re: Claim form received from Debt Enforcement & Action ltd

Thank you M1 - would it be OK it I draft the witness statement and you give it a quick once-over please?

Sorry i missed your post.

Of course.

M1

[Jaxjax]

Re: Claim form received from Debt Enforcement & Action ltd

Hi

@mystery1

I have really struggled with this and have come up with the bits below as my witness statement:

WITNESS STATEMENT


1. I, XXXXXXXXXXXXXX of XXXXXXXXXXXX am the Defendant in this claim. The facts in this statement come from my personal knowledge.

2. On the day in question I did park at 431-435 Downham Way, Bromley, BR1 5HR, but cannot recall seeing any sign that stipulated any parking time limits. In the witness statement sent by DEAL they have a photo copy of the design if a sign, but I do not believe that this proves that this was what the signed looked like 3 years ago, nor whether the signs were visible or not.

3. The claimant has not so far provided any proof their actual, or genuine, pre-estimate of loss. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract on my part.

4. The original claim was signed by Mr M Shwarts – whom it turns out is actually misspelling his name on court documents. Mr Shwarts is now being investigated by the SRA and I have reported the details of this case to the SRA.

5. The claimant has, in addition to their witness statement sent a standard letter of increase of costs should the case go ahead. This letter was sent to my previous address despite informing both the courts and the claimant that my address changed on Dec 12, 2014. The letter clearly states that fees will increase to £545.00 should I not pay the £215 in the next 7 days. The letter datails that I would have to pay for travel costs, preparation of documents etc. I believe that this letter is sent to every Defendant in the manyu court cases they have across the country and is designed to intimidate the defendant into paying.

6. I dispute that the relationship between myself and the Claimant is contractual as any contract must have offer, acceptance and consideration both ways.

7. I believe that the facts in this statement are true

- - - Updated - - -

Any advice would be greatly appreciated ... I'm getting very nervous about this thing now... my high horse about companies bullying people doesn't seem so attractive anymore.

[mystery1]

Re: Claim form received from Debt Enforcement & Action ltd

1. I, XXXXXXXXXXXXXX of XXXXXXXXXXXX am the Defendant in this claim. The facts in this statement come from my personal knowledge.


2. On the day in question I did park at 431-435 Downham Way, Bromley, BR1 5HR, but did not any sign that stipulated any parking time limits.


3. I have reported the details of this case to the SRA due to the misspelled name of the solicitor.


4. On xxxx i received from the claimant in addition to their witness statement a standard letter of increase of costs should the case go ahead. This letter was sent to my previous address despite informing both the courts and the claimant that my address changed on Dec 12, 2014. The letter clearly states that fees will increase to £545.00 should I not pay the £215 in the next 7 days. The letter details that I would have to pay for travel costs, preparation of documents etc. I believe that this letter is sent to every Defendant in the many court cases they have across the country and is designed to intimidate the defendant into paying.


5. I believe that the facts in this statement are true.




The stuff i deleted is more opinion and/or argument which is for your skeleton argument or oral arguments on the day of trial. 4 could probably be trimmed too but we'll leave it i think.

M1

[Jaxjax]

Re: Claim form received from Debt Enforcement & Action ltd

Thank you so much [MENTION=5354]mystery1[/MENTION] - you are a lifesaver...

In other news - I got a copy of a letter from the courts today stating that:

On the court's own initiative

IT IS ORDERED THAT

The solicitor who has signed the claim from provides the following information by 17 June 2015

1. His current practising certificate number.
2. His address

In default the claim shall stand dismissed

they the proceed to quote CPR 3.3 (5)

Here's hoping that they don't respond....
Jaxjax

[Jaxjax]

Re: Claim form received from Debt Enforcement & Action ltd

thank you [MENTION=5354]mystery1[/MENTION]!

in other news I have received a letter from the court that they expect DEAL to supply the practising number and address of Mr Shwarts by 17 June or else the claim will be struck out.

[mystery1]

Re: Claim form received from Debt Enforcement & Action ltd

That is something they do sometimes and not others. Hope not though

M1

[Jaxjax]

Re: Claim form received from Debt Enforcement & Action ltd

Hello [MENTION=5354]mystery1[/MENTION]

just had an interesting call from DEAL. They basically said that it was an oversight that we never had remediation call and wanted one right then and there.

The lady said that they wanted to settle and would consider me paying the original £90 as full and final settlement of the claim.

Should I take this offer and not go to court or do you think they are getting nervous and won't turn up/ or loose the case?

I have asked her to give me till tomorrow to think it over

[mystery1]

Re: Claim form received from Debt Enforcement & Action ltd

I am not aware of anyone losing on any forum despite many many claims.

I think they want something rather than nothing.

Your choice.

M1