MKDP LLP taking me to court

Procedures and processes and any other court related issues

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Re: MKDP LLP taking me to court

Postby waylander62 » Fri Sep 06, 2013 11:05 pm

thanks ceylon :)
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Re: MKDP LLP taking me to court

Postby Focusbike » Mon Sep 09, 2013 6:45 pm

waylander62 wrote:Hi focusbike,

on this particular occasion i opted to 'contract' with ncbcc, i had my reasons for doing this.

i went online on final day of service and ticked the box that says i wish to defend the whole claim. giving me a total of 28 days .

i then submitted my defence in a separate letter.

you must take whatever action you feel comfortable with, make sure you understand what the outcome may be.

If you want to make sure you do the right thing then my advice would be to understand what lies ahead if you

a) 'contract' with ncbcc
b) choose not to 'contract' with ncbcc

two very different fights may present themselves to you.

It would be wrong for me to advise you either way as i do not know the circumstances of your situation.

whatever you do i wish you all the best :)


Hi waylander,

Thanks for this. Have been educating myself on here, and there's lots of helpful stuff, but I sometimes get a bit lost and end up going off on a tangent. Briefly what are the different consequences of contracting or not contracting with the NCBCC?

Thanks,

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Re: MKDP LLP taking me to court

Postby waylander62 » Tue Sep 10, 2013 2:33 am

focusbike,

If you opt to not fill in the claim form and simply write a defence in a separate letter ncbcc will probably send you notification that they cannot accept this as either a defence nor an admission, and will more than likely issue a ccj against you by default, which will mean you have to fight the cjj ( ncbcc) as well as the claimant.

If you fill in the claim form and wish to defend the claim, your defence will be sent to the claimant who will have 28 days to respond they will have the option to contact you directly to discuss the matter further or to continue with their claim which means it will proceed to court.


If you wish to take the first option you will have to be very confident that you know what you are doing.

Read as much as you can in the forums and familiarise yourself with what might happen
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by Advertising » Wed Sep 25, 2013 3:40 pm

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Re: MKDP LLP taking me to court

Postby waylander62 » Wed Sep 25, 2013 3:40 pm

HI All,

just to update:

letters 1, 2, and 3 all sent recorded just been online to check on royal mail site to find that letters 2 and 3 have been d/d and signed for but letter 1 is " being progressed through our network for delivery" ???

letter 1 was sent on 12th sept?
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Re: MKDP LLP taking me to court

Postby letissier14 » Wed Sep 25, 2013 4:13 pm

waylander62 wrote:HI All,

just to update:

letters 1, 2, and 3 all sent recorded just been online to check on royal mail site to find that letters 2 and 3 have been d/d and signed for but letter 1 is " being progressed through our network for delivery" ???

letter 1 was sent on 12th sept?


Doesn't matter - more than likely delivered but the postman probably just stuck in through as normal post, happens a lot.
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Re: MKDP LLP taking me to court

Postby ceylon » Wed Sep 25, 2013 4:55 pm

if they contact you bill them and out of courtesy send a copy of letter 1
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Re: MKDP LLP taking me to court

Postby waylander62 » Wed Sep 25, 2013 5:34 pm

Thanks guys,

since receiving letter from ncbcc, dated 16th July, nothing but tumbleweed blowing occasionally across the lawn regarding this one ;)
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by Advertising » Thu Oct 24, 2013 3:38 pm

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Re: MKDP LLP taking me to court

Postby waylander62 » Thu Oct 24, 2013 3:38 pm

Hi all,

just a quick question:

Estoppel due out today, in each of letters 1,2 and 3 i have ended all 3 with: "this letter/notice applies to all trading names, styles, proxies and agents of [insert DCA name].

would it be ok or recommended to add this in the estoppel? this is what i am thinking:

I hereby serve Notice that failure to provide Proof of Claim by [THEIR COMPANY NAME], has created a permanent and irrevocable estoppel by acquiescence, forevermore barring [THEIR COMPANY NAME] (this applies to all trading names, styles, proxies and agents of ( DCA name) ), from bringing any and all claims etc etc

advice as always much appreciated :)
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Re: MKDP LLP taking me to court

Postby againstthesystem » Thu Oct 24, 2013 6:02 pm

And no response to a claim after the statutory 28 days period means they cannot enforce.
Any opinions offered is based on my own experiences and such opinions are given freely. However, they are not to be construed as legal advice.You must make your OWN decisions as to whether you follow the advice.

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Re: MKDP LLP taking me to court

Postby waylander62 » Thu Oct 24, 2013 6:23 pm

thanks ATS,

no response after the statutory 28 days :)

because it is possible for them to apply to have the stay lifted i have sent the 3 letters and now about to send estoppel,i also added the sentence to each letter to make it more difficult to 'sell on' and have also added it to the estoppel.

do you think this is wise or not really necessary?
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