Help please - have i made a mistake?

Standupforyourself

probably shouldnt have but a friend offered a settlement figure to PP but it has been declined and the cheque returned to sender! Keeper was keen to move on but now it will go all the way.

Standupforyourself

Hi All

Do we know if the relevant land point has been tested in court?

waamo

Standupforyourself wrote: »

Hi All

Do we know if the relevant land point has been tested in court?

In what respect? If it's about POFA applying then it's absolutely clear in law about what land POFA does and doesn't apply on. It's never been challenged as it's a point accepted by both parties.

Standupforyourself

if it's an accepted point then why would a PP go to court?

Coupon-mad

Because Defendants can be stupid and will pay up and cry, rather than research it.

Standupforyourself

but the keeper has quite clearly informed the PP in writing that it will be defending on these grounds (as well as others). SO are they monumentally stupid or is it possible that a judge will interpret things differently?

Coupon-mad

They are monumentally stupid and don't read things, as that is not what they do. They don't need to actually read defences, they just plough on and sweep people's money up anyway.

The Judge must interpret the law, but the law is only what a D or C takes with them into court. So you can see that they wing it in most cases because most Defendants won't research it properly or bring in the POFA.

Standupforyourself

Well hello Everyone.

Merry Christmas. I guess this is all part of the tactic but having sat on this for three months the PP has decided to take this to court and the registered keeper has today received a claim form. I'm guessing that delivering these just before Christmas increases the chances of people paying.

Anyway, the claim is now north of £240. I assume the next steps are all on the Sticky thread but i'd be grateful if there is some advice now based on the specifics of this case?

I assume there is nothing to lose by submitting a defence as the claim amount will not get any higher?

thanks

DoaM

What you need to do is described in the NEWBIES sticky, and I'm sure KeithP will be along shortly to clarify.

Umkomaas

@OP - I think you need to give us a synopsis of what the key points of your case are. We're at post #250 and only at the issue of the court claim stage. :eek:

With that number of posts and in order to advise you accurately, it would be necessary to read over the entire thread - and that would take ages.