Bailiffs harrassment

[boomer]

Re: Bailiffs harrassment

pepsie, my defence is very weak. all i have is an agreed swap of cats, i offered to buy her cat and take mine back. i wanted my vet to see him and treat him, she refused as i wouldnt pay petrol which is only £20. she didnt want to wait for his booster vaccination to be done as she needed my cat the next day and agreed to pay this herself. she had blood tests done 4 days later which was negative. a week after she transfered him into her name so i thought she was keeping him. rspca found no issues with my cats after she called them. vets say all was fine which i believed. she states he now needs lifelong medication after having him for 3 months, my vet says there is no lifelong medication the cat is fine. i know the cat is having 2 vitamin vaccinations now and she feeds a raw diet and milk so guessing this is why his tummy is not so good. the cat never needed any vet treatment for over a year since i had him so whats she done with him. sorry to keep going over the same thing but i dont really have a good defence, ive only just started breeding and wished i hadnt bothered now. well good thing bailiffs was suppose to come this afternoon, waiting in for them just so i can ignore them but they didnt bother to turn up.

[pepsie]

Re: Bailiffs harrassment

pepsie, my defence is very weak. all i have is an agreed swap of cats, i offered to buy her cat and take mine back. i wanted my vet to see him and treat him, she refused as i wouldnt pay petrol which is only £20. she didnt want to wait for his booster vaccination to be done as she needed my cat the next day and agreed to pay this herself. she had blood tests done 4 days later which was negative. a week after she transfered him into her name so i thought she was keeping him. rspca found no issues with my cats after she called them. vets say all was fine which i believed. she states he now needs lifelong medication after having him for 3 months, my vet says there is no lifelong medication the cat is fine. i know the cat is having 2 vitamin vaccinations now and she feeds a raw diet and milk so guessing this is why his tummy is not so good. the cat never needed any vet treatment for over a year since i had him so whats she done with him. sorry to keep going over the same thing but i dont really have a good defence, ive only just started breeding and wished i hadnt bothered now. well good thing bailiffs was suppose to come this afternoon, waiting in for them just so i can ignore them but they didnt bother to turn up.

hi

It is impossible to help to prepare a defence for you on open forum...I propose you send me a PM containing an email address, I will respond to that and gather all the info I will need to help prepare a defence for you..BUT only if the mods on LB are ok with this? after your hearing win or lose I would want to give a copy of that defence to LB so others can use it for guidance and should the case be lost we can see exactly where it failed and use the lessons learned to avoid any mistakes in the future?

Pepsie

[CleverClogs]

Re: Bailiffs harrassment

I wonder if an anonymous tip-off to the RSPCA (perhaps suggesting or hinting that she's breeding cats in squalid conditions for the fur trade and/or the Chinese meat trade) might somewhat spoil her enjoyment.

[pepsie]

Re: Bailiffs harrassment

The OP may not realise it but based on what is on the forum alone I can see good argument to put a strong defence together


Pepsie

[boomer]

Re: Bailiffs harrassment

pepsie, this is fine and if win r lose the defence helps other people aslong as the forum doesnt mind i can pm you later today. now how do i pm.... sorry not done this before.

[boomer]

Re: Bailiffs harrassment

Hello LB. Today i had my set aside hearing and would like to say a thankyou to everybody who has offered advice and has helped me through all the stress. I would particularly say a massive thankyou to the two members of LB who have spent hours going over everything with me and helping me to successfully acheive my set aside. Going to court is very daunting even if you are in the right and having this forum takes the pressure off especially with the kind members who ive probably been a nightmare to know. the courts havent finished yet as the claim is being restarted by the claimant but knowing i have some very kind members who are helping i know i have nothing to worry about. thankyou to the two members who have spent so many hours helping me, i really do appreciate this kind help. not sure if i am able to name the members on the forum but just incase i will leave the names out but you both know who you are and im so very greatful..... yes successful, im so happy.

[pepsie]

Re: Bailiffs harrassment

There were lessons to be learned from dealing with this matter and that I am working off forum with this poster it is only fair to tell LB what has resulted so far. Most importantly was the way in which the MCOL was done, the defendant had not been served a stamped copy of the claim and that alone gave grounds to apply for set aside however, on closer inspection of the paperwork it transpired the 'Letter before Action' (which in this case was an undated letter giving the defendant 5 days from the date of the letter to make payment in full) was received some 6 days after the claim had been submitted. This rendered the claim defective and the Court did not hestitae to set aside the Judgment by Default. The Claimant has been given directions and the matter has been relisted to a date in June. I will update fully on the case once it is determined if the Claimant is to proceed with the claim and the hearing goes ahead.

Pepsie

[bluebottle]

Re: Bailiffs harrassment

There were lessons to be learned from dealing with this matter and that I am working off forum with this poster it is only fair to tell LB what has resulted so far. Most importantly was the way in which the MCOL was done, the defendant had not been served a stamped copy of the claim and that alone gave grounds to apply for set aside however, on closer inspection of the paperwork it transpired the 'Letter before Action' (which in this case was an undated letter giving the defendant 5 days from the date of the letter to make payment in full) was received some 6 days after the claim had been submitted. This rendered the claim defective and the Court did not hestitae to set aside the Judgment by Default. The Claimant has been given directions and the matter has been relisted to a date in June. I will update fully on the case once it is determined if the Claimant is to proceed with the claim and the hearing goes ahead.

Pepsie

Please do, Pepsie. Claimants who behave like this should have their claims struck-out. All it needs is a judge willing to put their head above the parapet.

[boomer]

Re: Bailiffs harrassment

just a quick update regarding this case. the claimant has today issued me with the same copy of the unstamped claim form. the judge gave directions that it has to be a stamped copy, but no once again its unstamped by the court.