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my draft defence Gladstones - PCM Court action

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  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
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    And complain to the BPA/IPC (whichever is the relevant one)
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
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    any news sassii? have you done what bargepole suggested? You could try writing to them to say that payment is overdue and you will be taking further steps if payment is not received within 3 working days (and say what this date is - eg if you were to send today you'd be expecting payment by Wed 15th if you allow one day for the letter to arrive). That's worked for others in the past, and saves you the trouble of taking further action (although using the bailiffs is easy, they do it all for you and add on/recover their exorbitant costs too so this will end up costing the Claimant more than £2k!)
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Sassii
    Sassii Posts: 251 Forumite
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    Loadsofchildren123 wrote: »
    any news sassii?

    I was too busy in work but really I would like to put that CCJ recorded in their credit score but don't know if that will be automatically recorded or I have to ask for that as they didn't pay the debt?. any advise please.

    Regards
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    The record is made if you say it isn’t paid, I believe

    You need to take steps to recover it.
  • Sassii
    Sassii Posts: 251 Forumite
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    Hi All again

    PCM sent set aside application to court just one day before payment deadline date. am I still can force the payment through dcbl.

    Regards
  • System
    System Posts: 178,094 Community Admin
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    am I still can force the payment through dcbl.

    Wouldn't advise it.
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    Sassii wrote: »
    PCM sent set aside application to court just one day before payment deadline date.
    Oh dear, what does the application say - it's an appeal against the decision on what grounds?
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  • Sassii
    Sassii Posts: 251 Forumite
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    edited 13 November 2017 at 9:40PM
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    Coupon-mad wrote: »
    Oh dear, what does the application say - it's an appeal against the decision on what grounds?

    I don't know I just called the court to be sure they didn't appeal and the court office said they received set aside application and I need to wait up to the judge send the direction.

    Really they missed to pay the court fees & they missed the date & never send WS so I'm surprise in what base they think they have a chance to appeal after their unreasonable & disrespect behave.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    Sooo (subject to the vagaries of small claims procedures)...

    They had 21 days to appeal, but appear to have lodged it on day 14 to avoid having to pay. So far, so sensible.

    That would mean that if they served an appellants notice within 7 days of lodging the appeal (as they must) you'd have had it on 7/11/17. You have been prejudiced by your inability to file a skelly objecting to the grounds of appeal.
  • Sassii
    Sassii Posts: 251 Forumite
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    Johnersh wrote: »
    Sooo (subject to the vagaries of small claims procedures)...

    They had 21 days to appeal, but appear to have lodged it on day 14 to avoid having to pay. So far, so sensible.

    That would mean that if they served an appellants notice within 7 days of lodging the appeal (as they must) you'd have had it on 7/11/17. You have been prejudiced by your inability to file a skelly objecting to the grounds of appeal.

    Make it simple for me please, I didn't understand any thing.

    Regards
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