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Popla appeal unsuccessful...Civil Enforcement

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Comments

  • The_Napper
    The_Napper Posts: 29 Forumite
    edited 8 March 2019 at 12:33AM
    Le_Kirk wrote: »
    @primroseangel You already have posts about this, why have you posted another another and on someone else's thread?
    Sorry just thought our circumstances were the same that's all. No harm done I hope?
    The main opening banner of the forum reads:
    "Welcome to the MSE forums, we're home to a fantastic community of MoneySavers but anyone can post"
    Somewhere on the barn wall there's an unseen addition which reads::
    "All posters are equal but some are more equal than others."
    Never forget this!!
  • vicki1930
    vicki1930 Posts: 54 Forumite
    Fifth Anniversary Combo Breaker
    Good Evening, my daughter has now received a letter from the claimant together with a nonsensical witness statement! The letter did state that they would accept £100 in f&f settlement if paid within 7 days. The claimants WS has also been lodged with the court so it looks as though the hearing is going ahead.

    I would be extremely grateful if anyone could let me know what to expect at the hearing and how they usually progress...TIA
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    vicki1930 wrote: »
    Good Evening, my daughter has now received a letter from the claimant together with a nonsensical witness statement! The letter did state that they would accept £100 in f&f settlement if paid within 7 days. The claimants WS has also been lodged with the court so it looks as though the hearing is going ahead.

    I would be extremely grateful if anyone could let me know what to expect at the hearing and how they usually progress...TIA

    If their statement is nonsensical, so probably is their claim.
    CEL are now trying to bribe you and collect as much as they can

    In reality, they don't want to go to court and you should receive a letter saying they discontinue.
    Cannot promise this but it's the way CEL operate.
    They probably realise that they will get a trashing in court and have to pay your costs

    Just a warning ..... CEL cannot be trusted and in the past have lied by saying they will not be going to court ... and turn up

    DON'T BE FOOLED BY A KNOWN SCAMMER
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    vicki1930 wrote: »
    I would be extremely grateful if anyone could let me know what to expect at the hearing...
    This short video may help:
  • vicki1930
    vicki1930 Posts: 54 Forumite
    Fifth Anniversary Combo Breaker
    Good Afternoon... my daughter is due to attend the hearing on 9th April and she has just received a telephone call from
    CEL stating that they are willing to drop the claim against her if she
    agrees not to claim against them!!! Obviously we are not agreeing to
    anything but how should she handle this if they call again...TIA
  • Umkomaas
    Umkomaas Posts: 43,841 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    vicki1930 wrote: »
    Good Afternoon... my daughter is due to attend the hearing on 9th April and she has just received a telephone call from
    CEL stating that they are willing to drop the claim against her if she
    agrees not to claim against them!!! Obviously we are not agreeing to
    anything but how should she handle this if they call again...TIA

    Have you counterclaimed against them? I’ve quickly scanned the immediate past pages which showed your various defence drafts, but couldn’t see anything about a counterclaim?

    If they phone again, why not ask them to put it in writing so you can give it full consideration.

    Something must have spooked them, so let them sweat a bit!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • vicki1930
    vicki1930 Posts: 54 Forumite
    Fifth Anniversary Combo Breaker
    No...no counterclaim...I'm assuming they are asking her not to put in for costs against them??
  • Umkomaas
    Umkomaas Posts: 43,841 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Standard costs (if your daughter is working) wouldn’t come to a great deal over £100, so I wouldn’t have thought that would overly concern them.

    Have you drafted a cost schedule, how much is that coming to?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • vicki1930
    vicki1930 Posts: 54 Forumite
    Fifth Anniversary Combo Breaker
    just over £80...can't think what else they are asking her to agree to?
  • Umkomaas
    Umkomaas Posts: 43,841 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    vicki1930 wrote: »
    just over £80...can't think what else they are asking her to agree to?
    Your guess is as good as mine. I wonder if they’d phoned the wrong person? Or maybe it’s a new stunt of theirs to lull you into a false sense of security, then fail to submit your required paperwork to the court, and they come away with a default judgment against you. They’ve got previous form for stunts! But, who knows what their real motive is here.

    Ask for it in writing as advised above, that’s about the best you can do.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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