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Introducing Ws info not used in defence

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Comments

  • Punkstig
    Punkstig Posts: 38 Forumite
    10 Posts First Anniversary
    Awesome, thank you, will remove the stuff I have duplicated in my defence, proof read and send off!
  • B789
    B789 Posts: 3,441 Forumite
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    It would be worth your effort to do this on a computer rather than on a mobile device if you are striving for accuracy and clarity.
  • Punkstig
    Punkstig Posts: 38 Forumite
    10 Posts First Anniversary
    B789 said:
    It would be worth your effort to do this on a computer rather than on a mobile device if you are striving for accuracy and clarity.
    Agreed- just asked at work but their computers are all locked internally (no access to external email or documents)

    Have sourced one to use this evening!
  • Punkstig
    Punkstig Posts: 38 Forumite
    10 Posts First Anniversary
    I'm happy with what I have produced but have a small thing that's niggling me-
    I was in a loading bay that is located on a road, the Claimant continuously refers to the area as a car park (the road is claimed to be on private land but I was not aware at the time) in my ws I also refer to it as a car park because they have, should I change this to 'road' or is it irrelevant in the scheme of things?
  • B789
    B789 Posts: 3,441 Forumite
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    What do the PoC say? You should refer to it as what you know, thought or believed it to be. Just because the Claimant is dressing up their WS with something that may bamboozle a judge, that does not mean you have to refer to it in the same terms.
  • Punkstig
    Punkstig Posts: 38 Forumite
    10 Posts First Anniversary
    I'm at work ATM so don't have the documents at hand until this evening, I think i should change it to road
  • Fruitcake
    Fruitcake Posts: 59,419 Forumite
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    I agree. Road or perhaps service road/access road. You should then state that the claimant has erroneously referred to the material location as a car park when it is in fact a road.
    It is a minor point but the law is a pedant, so you need to be pedantic as well.
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  • Punkstig
    Punkstig Posts: 38 Forumite
    10 Posts First Anniversary
    I sent out my ws to the court and Gladstones, I'm still reading posts on here as I find it interesting.

    It's come to my attention I sent Gladstones an email dated 21/08/22 with the 'I am seeking debt advise, put case on hold for 30 days' contents. But they sent me a letter dated 06/09/22 'do not ignore this notice- court procredings are imminent'
    pap period has expired and we dont want to chat anymore, pay this in 14 days or else.
    Obviously I didn't pay and then the ccbc issue date is 8th November.

    Have they gone against pap by contacting me demanding payment before the 30 days request was over or is that just a standard last ditch attempt by them to extort money from me and the ccbc date is the important bit?


  • KeithP
    KeithP Posts: 41,219 Forumite
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    Punkstig said:
    I sent out my ws to the court and Gladstones, I'm still reading posts on here as I find it interesting.

    It's come to my attention I sent Gladstones an email dated 21/08/22 with the 'I am seeking debt advise, put case on hold for 30 days' contents. But they sent me a letter dated 06/09/22 'do not ignore this notice- court procredings are imminent'
    pap period has expired and we dont want to chat anymore, pay this in 14 days or else.
    Obviously I didn't pay and then the ccbc issue date is 8th November.

    Have they gone against pap by contacting me demanding payment before the 30 days request was over or is that just a standard last ditch attempt by them to extort money from me and the ccbc date is the important bit?
    I don't see that they've done anything wrong.
    You asked them for a 30 day delay before issuing a Claim.
    That's what they did.
  • B789
    B789 Posts: 3,441 Forumite
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    edited 7 May 2023 at 8:36AM
    KeithP said:
    I don't see that they've done anything wrong.
    You asked them for a 30 day delay before issuing a Claim.
    That's what they did.
    My understanding of the question is whether the Claimant is allowed to harass, or even communicate with the defendant once the 30-day request in order to seek debt advice has been requested. Not whether they have issued a claim within the 30-day period.

    I will have another read of the PAP and see if there is anything obvious about that.
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