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#Post#: 47764--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: H C Andersen
Date: December 1, 2024, 12:43 pm
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They think they are right, I think they are wrong. It is what it
is now. I just wanted advice.
Thanks for the advice given to date. It's not easy.
It is easy, you are making it difficult. Sorry, so pl just take
a deep breath.
At present this matter is procedural, pure and simple.
A claim was issued by CNBC which you did not acknowledge,
something which recipients must do within a time period
specified in the form otherwise risk judgment being awarded
against them in default on application of the claimant.
Simple process.
Your response is equally simple: apply to the court to have the
judgment set aside because you did not receive the claim.
There is no THEY in this, the matter is between you and the
court because THEY didn't send the claim to you, the court did!
Edit - remember, the judge in this court is not going to
determine the rights and wrongs of your substantive defence
against the claim, that's for another court. So 'Now the court
have accepted that and said it will be handled by Chelmsford
court.' is not correct as you think, IMO it will determine the
procedural issue only.
#Post#: 47772--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: Fatcockney
Date: December 1, 2024, 2:42 pm
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I'll stop posting now but I'll make it clear for the last time.
I did not receive a Letter of Claim. I was advised by this forum
to contact CNBC which I am still trying to do. I'm trying my
best and I'll go to court if I have to. I applied the N244
because it was my ONLY option at the time. It cost me £308 which
I can't afford. But I can't afford a CCJ.
My original post was simple to me but never answered. My
accusers asking me for evidence after they instigated court
proceedings. Should I respond?
Never mind. Thanks
#Post#: 47774--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: b789
Date: December 1, 2024, 2:51 pm
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Of course it is not easy. We are trying to help but you entered
this process and submitted the N244 before we were able to
advise. What is done is done.
However, we are trying to assist you now but we are on the back
foot until we know precisely what the PoC of the original claim
were and which address was used for the claim, which you say you
never received. Once we know the PoC and if an incorrect address
was used, we can then put together a suitable Skeleton argument
and even a Supplementary Witness Statement (SWS) that you can
send to the court where the hearing is to take place so that
your N244 application is up to strength and has all the
necessary legal argument that is the only thing that the judge
will consider.
We want you to beat this injustice but you really must help us
to help you. Get on to the CNBC at 8:30 am in order to reduce
the time you have to hold for them.
#Post#: 47775--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: DWMB2
Date: December 1, 2024, 2:55 pm
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--- Quote from: Fatcockney link ---
> I've spent three hours on Thursday and Friday without getting
a response from CNBC but I'll try again tomorrow
--- End Quote ---
This is, sadly, not unusual, and a symptom of the over-burdened
and under-resourced court system. There isn't anything we can do
about the difficulty in reaching the CNBC, other than to tell
you to keep trying.
--- Quote from: Fatcockney link ---
>
> My original post was simple to me but never answered.
>
--- End Quote ---
The reason your original post was not answered directly was
because it did not provide the requisite background information
for us to be able to answer it properly. Once that information
was provided, the focus then moved to providing advice that
would yield you the best possible chance of a successful
outcome.
This was probably done on the well-meaning assumption that most
people who come here to seek advice do so hoping to secure a
positive outcome, rather than simply wanting their specific
question answering without consideration to their overall case.
We aren't your adversaries in this situation - we're the ones
trying to get you a positive outcome.
#Post#: 47785--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: H C Andersen
Date: December 1, 2024, 3:37 pm
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OP, no-one is doubting that you did not receive the claim, but
what we think isn't germane, neither is repeating it here.
Sorry, but this is about procedure.
You are going to court to convince a judge. You 'opponents' if
any are ..the court, in the form of CNBC, and Royal Mail and the
law which presumes service of a document properly addressed etc.
etc.
We must be clear, is your application being heard on the papers
or is it a personal hearing?
The overriding objective is fairness and you need to stress how
unfair it would be to not be able to defend their claim given
the strength of your case which you've summarised in your
application....and if in person stress the sorry if not clear,
you're a novice etc. etc. card! Also, that you've not avoided
contact with the creditor as your exchange of correspondence
going back ** years shows, including responding to their Letter
of Claim..
#Post#: 48004--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: Fatcockney
Date: December 3, 2024, 5:57 am
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Finally got through to CNBC who gave no information other than
to say it was posted first class (not recorded)on 28 August. I
never received that.
However, DCBL were far more forthcoming and provided the
attached along with a message that said "for the avoidance of
doubt, it remains our client's position that the claim was
served to your last known address pursuant to CPR 6.9 and as
there was no response to the Claim Form Judgment in default was
accepted".
[attachment deleted by admin]
#Post#: 48006--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: Fatcockney
Date: December 3, 2024, 6:04 am
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So to summarise.
In carpark at 11.26
Paid one hour 11.31
Extended 2 hours 12.31
Exited carpark 14.38
That's 7 mins over. Is there not some sort of leeway in the UK
on timings at all? Thought you had a few mins grace?
#Post#: 48007--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: b789
Date: December 3, 2024, 6:06 am
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Please answer the relevant questions which you seem either
reluctant to do or are not paying attention! What address was
the claim sent to? An old address where you no longer resided at
the time or your current address?
All the other detail is irrelevant at this stage.
#Post#: 48013--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: Fatcockney
Date: December 3, 2024, 6:24 am
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The address on the form is my address.
#Post#: 48045--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: b789
Date: December 3, 2024, 8:54 am
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So, are you saying that you never received it? Are you saying
that you never received a Letter of Claim (LoC) from the
claimant through their solicitor, DCB Legal?
If the answer to both those questions is “yes” then you are
going to have to convince the court that you did not receive two
letters that were sent from separate entities. From one, maybe.
However, on the balance of probabilities, that is unlikely.
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