PCN letter received after 58 days!

Fruitcake

Melv1982 wrote: »

Hello again.. I have my court date for the end of September. They have sent me a couple of packs now with their evidence. The one today is the first real time they have responded to my claim that the NTK was received late, saying that I should received it on the 56th day. My entire defence relies on the fact that it was a day late.
Is the onus on me or them to prove otherwise?

You have to defend the claim, which you should win if you explain to a judge how the PoFA timescales work, or pay a bunch of scammers. I know which I would do.

Have you received the scammers response to your SAR yet?

You need to go back through post 2 of the NEWBIES, and go through everything you have received from the scammers and their scamlicitors, and pick out every point in your favour, starting with non PoFA compliant NTK.
Research other defences and base yours on the points that fit best.

What happened when you complained to the landowner?

What did your MP say when you complained to them about this unregulated scam?

Have you read by beamerguy called Abuse of Process where judges have thrown out cases because the scamlicitors have added on a fake £60 charge to the original amount?
If not you should do so and complain to the court asking your case to be struck out, citing the other cases where judges have done just this.

Melv1982

Hello guys!
Had my day in court yesterday!!
BW sent a representative (I think they really wanted to win this one!).
We had a discussion beforehand, he offered to maybe bring the fee down from just over £240 to about £180, I said I'd rather take my chance in court.
I was nervous about facing the judge with only the faintest of hope (as my entire defence relied on the fact that the NTK was a day late!).... But the judge took my word for it, and squashed it!!
To say I was over the moon was an understatement!

Thanks for all of your help on this!!

KeithP

Brilliant. Well done.

Which court?

beamerguy

Melv1982 wrote: »

Hello guys!
Had my day in court yesterday!!
BW sent a representative (I think they really wanted to win this one!).
We had a discussion beforehand, he offered to maybe bring the fee down from just over £240 to about £180, I said I'd rather take my chance in court.
I was nervous about facing the judge with only the faintest of hope (as my entire defence relied on the fact that the NTK was a day late!).... But the judge took my word for it, and squashed it!!
To say I was over the moon was an understatement!

Thanks for all of your help on this!!

Well done, another BWLegal claim pops it's clogs:j

Maybe, as the judge saw the added £60 fake claim, he took the easiest way out.

The rep offered a £60 discount ??? but we all thought it was some kind of contractual charge, admin fee, solicitors fee etc etc ????
So these are not real after all ???
:

Melv1982

Walsall mate

Melv1982

We never even got round to discussing the fees.
In their testimony they said it was upto me to provide proof that the letter was late. I explained that it was impossible, and that it was their industry and not mine. They should have known the deadline was approaching and at the very least sent the letter first class!

Coupon-mad

Well done! Did you have to point the Judge to para 8 of the POFA?

Did you claim your costs to be paid by the Claimant before you left the room?

ANOTHER ONE BITES THE DUST!

Melv1982

I know I should have but, I was just happy with the result to be honest. The judge was well read on PoFA. He knew exactly what I was getting at, he was on my side from the beginning, I really didn't need to argue much!