Desp[erate appeal please help: small claims soliciotr LBA dedline expired

aworrieddriver

Redx wrote: »

I would suggest you do as 4consumerrights said, instead

there is far too much to this saga and it needs somebody off the forum to wade through the mire , which could take them hours

Dear RedX


Thanks for the reply


Honestly, i was just getting frustrated because i felt the thread wasn't going anywhere


I have the reply from PCC to my letter?


I am guessing that its best i remove the letters etc from here?


Thanks

aworrieddriver

its seems that two of the regular members. Ukomomas and RedX are suggesting this is too much info, so I will remove them


Do i go to the post, press EDIT and then delete?


thanks

aworrieddriver

ive deleted the links

Umkomaas

Everything in this thread is going around in circles. I bet there's no one (other than you) who has a clear understanding of all this because you are banging in posts, one on top of the other which gives no one time to consider and respond.

Just look at your reply to Redx - you're wasting so much time on peripheral matters - 153 posts so far in this thread - and it seems to me to be no further forward. How long did it take you to write that post to Redx - and to what purpose?

To me there seems two choices:

1. Pay up and get this out of your life.
2. Await court papers (if they ever arise) and save your time and energy for dealing with them then.

What other option(s) do you feel you have?

No matter what you post (from what I've seen) there is no magic wand that anyone here has to stop your problem in its tracks. Sorry.

Redx

my point exactly, and to some degree, the same was said by 4consumerrights, almost anyone reading the many pages and posts in this thread wont have a clue where its up to, plus there is vital info missing (albeit that it would identify the OP - we get that)

if this went to a solicitor or legal advisor, they would want all the paperwork plus the OP details , name , address etc , that is why it needs somebody who has dealt with these things (with experience) to deal with it off the forum, which the OP was offered by 4cr

there is no easy answer, no magic wand, very few people that know the subject enough that could help, to expect this for free and not say £50 or £300 per hour beggars belief

if you do pay the "unnamed company" for any defences etc, get the invoices and submit them for your costs, assuming that you win (if it goes to court)

I just fail to see how anyone can expect to resolve a matter like this on an open forum with little or no paperwork to go on, even if that person (unpaid volunteer) had hours to spare digesting all the info

I am sure John De Waal , QC , could sort it out, but could the OP afford his fees if it wasnt pro-bono ? I think not

aworrieddriver

Umkomaas wrote: »

Everything in this thread is going around in circles. I bet there's no one (other than you) who has a clear understanding of all this because you are banging in posts, one on top of the other which gives no one time to consider and respond.

Just look at your reply to Redx - you're wasting so much time on peripheral matters - 153 posts so far in this thread - and it seems to me to be no further forward. How long did it take you to write that post to Redx - and to what purpose?

To me there seems two choices:

1. Pay up and get this out of your life.
2. Await court papers (if they ever arise) and save your time and energy for dealing with them then.

What other option(s) do you feel you have?

No matter what you post (from what I've seen) there is no magic wand that anyone here has to stop your problem in its tracks. Sorry.

Thanks Ukomomas


I, like many others, who are newbies, ignored PCNs/NTK and DRP letters.


I don't think Im unique in that


I got the standard SCS template.


At that point, I came to this forum.


Waited for beavis outcome as advised


Then sent a letter to SCS , which I was advised not to ignore and treat like an LBA


I feel that's a common scenario with many newbies. once they have not appealed or done Popla, they wait and panic once SCS letter is received.


Are you suggesting that once SCS letters arrive, there isn't point fighting/replying and the two options you suggested are the only ones?


Lets forget the 155 posts. yes there has been confusion etc, but I still feel its defendable


The reason i was going to post all the letters here was in preparation for any possible court papers. It may not even get that far, but I felt that by doing so, i will have ample time to prepare.


im really unsure how to proceed with this thread. yes 155 posts; i did give a detailed reply a few posts ago as to the sequence of events and the reasons for delays.


please remember I sent my reply to SCS on 10/11/2015 and recived their latest reply dated 19/11/15 on Friday 20/11/2015. since then ( even before that too) I have read searched for a. I came back here for the last 2 days to update and seek the advice. apart from ignoring NTK/DRP letters, I have otherwise replied and kept within the time frames


When I expressed reluctance at posting letters etc, some said i was dripfeeding, which isn't true. I acted, wrote reply to SCS LBA, and now, im being advised pay up or wait for court.


When the court papers arrive, if they do, am i then going to be told its too late? Am i going to be told its now 255 posts and theres no point.


So it seems that there has been no point in sending any replies to the SCS because the impression i get is that either pay up or await court papers. So what is the LBCCC sticky all about?


Thanks

Redx

an LBC stage is where the defendant (you) try to either make sense of any demands and try to resolve it before any court stage , you have to be seen by the court as having tried to resolve it and keep it out of court (the SCC)

this could be by ADR , or by some other means (hence parking pranksters october blog about ADR)

if you are in dispute (like you are), then you are expected to dispute it at the LBC stage , like you are trying to do, it may not get you anywhere but as long as its at an LBC stage you keep it going, which 4cr said she had done with others

these LBC stages are laid down in various court rules and the claimant should follow them or not do so at their peril if it went to court

hence if you are getting free help from 4cr you should be taking it, but you seem to be posting instead of doing so, as if you have dismissed that offer

I would have stopped posting and done exactly what 4cr told you to do

you seem to be prolonging it, despite many people having read the thread, told you its too complicated and that you need help from somebody more experienced , which you mentioned in the opening post

the process you are going through and have done already was correct, but you still need better guidance and that should be done off the forum, like it was in the Beavis case - if you cannot see that then there is little hope

but umkomaas is also correct that it could be a case of put up or shut up, in which case its either pay or only deal with a court case, like Beavis did

aworrieddriver

Redx wrote: »

my point exactly, and to some degree, the same was said by 4consumerrights, almost anyone reading the many pages and posts in this thread wont have a clue where its up to, plus there is vital info missing (albeit that it would identify the OP - we get that)

if this went to a solicitor or legal advisor, they would want all the paperwork plus the OP details , name , address etc , that is why it needs somebody who has dealt with these things (with experience) to deal with it off the forum, which the OP was offered by 4cr

there is no easy answer, no magic wand, very few people that know the subject enough that could help, to expect this for free and not say £50 or £300 per hour beggars belief

if you do pay the "unnamed company" for any defences etc, get the invoices and submit them for your costs, assuming that you win (if it goes to court)

I just fail to see how anyone can expect to resolve a matter like this on an open forum with little or no paperwork to go on, even if that person (unpaid volunteer) had hours to spare digesting all the info

I am sure John De Waal , QC , could sort it out, but could the OP afford his fees if it wasnt pro-bono ? I think not

thanks RedX


fair enough but I seek some clarification too please


As i mentioned to Ukomomas, how is my situation different o anone else who ignored the NTK/DRP letters and even the SCS letters. is the implication that unless people do the NTK/Popla stuff, then the aperwork is too much to bring to this forum for advice?


if so, then i will stop at this point. however, i would be interested whether any newbies who have ignored NTK/popla/DRP and just received an SCS letter should be advised that its too late to ask for help here and that the forum is mainly able to advise newbies who have gone through the correct processes and not of much benefit for those who have ignored everything upto the SCS letter stage




I would be interested in CMs response, as CM very kindly advised to wait for beavis, and I did, then advised robust reply to SCS ( treat as LBA). Where have i gone wrong?


Thanks for all your advice. I have enough to worry about, and I will come short.


thanks for all your help

Redx

people are not recommended to ignore the SCS letters IF they seem to be an LBC , only if its the debt collectors pretending the letters come from solicitors (there is a difference)

debt collectors are muddying the waters by sending out demands as if they are solicitor letters, its working out if they are , or not, that becomes the problem

even big companies like British Gas were sending out legal looking letters which in fact were just debt collection letters

the people who get SCS letters are told to either ignore them , or to reply as if they constitute an LBC and therefore to query them on a legal basis, hence why daisy wrote the LBCCC posts, which are a little out of date now (shame she hasnt updated them since the rules changed a bit and post Beavis)

as for Beavis, we were hoping for a result, we didnt get one, hence there is a new smell in the room that will take time to sort out, so advice post-Beavis may be different than pre-Beavis

but his case isnt like yours, he overstayed on a free car park , yours seems to be about land ownership, leases and rights in tenancy agreements

4cr is involved with a lot of those issues, and with SCS etc, ignore her at your peril

CM is also involved with that company (as is bargepole), but that doesnt mean they will get involved with your case, especially as they have paid work to do

clearly there is a gap in the market, but its unlikely that people will pay the going rate for it

aworrieddriver

Redx wrote: »

people are not recommended to ignore the SCS letters IF they seem to be an LBC , only if its the debt collectors pretending the letters come from solicitors (there is a difference)





the people who get SCS letters are told to either ignore them , or to reply as if they constitute an LBC and therefore to query them on a legal basis, hence why daisy wrote the LBCCC posts, which are a little out of date now (shame she hasnt updated them since the rules changed a bit and post Beavis)


but his case isnt like yours, he overstayed on a free car park , yours seems to be about land ownership, leases and rights in tenancy agreements

Thanks RedX


I appreciate your advice


I really don't have anything more to say.


Its not you personally im saying this about, but I had in post #6 and #9 uploaded the SCS letters, and spent so many other posts asking if it was an LBA or not.


It has taken to this last post of yours to categorically say "only if its the debt collectors pretending the letters come from solicitors (there is a difference)".


In hindsight, perhaps the SCS letter was just another debt collectors letter. Just a shame there was so much distraction as you say muddied the waters.


You have been great and patient and Im very grateful


I am just posting the original SCS letter to see which of the 2 it is :


people are not recommended to ignore the SCS letters IF they seem to be an LBC , only if its the debt collectors pretending the letters come from solicitors (there is a difference ) ..erethe people who get SCS letters are told to either ignore them , or to reply as if they constitute an LBC and therefore to query them on a legal basis, hence why daisy wrote the LBCCC posts, which are a little out of date now






If you had received this would you have continued to ignore or would you have replies as I did


I thank you for the opportunity for me to express my case and thanks for ll the advice


I have replied to 4cr post and hope that if i receive anything from the court 4cr and team will be able to assit me




many thanks again
















I have no further to add


i jus