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Gerald Gardner

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Everything posted by Gerald Gardner

  1. It was indeed genuine Andy, I have acknowledged service and will file defence in due course, i have full support of defendant to take this all the way and can name the retailer when it's case closed, ball is firmly back in their court lets see what they do, thanks for your reply
  2. Yes thank you i understand that re: money claim. Im working on this on behalf of someone else and posted what they sent me, i wasn't going to name the retailer without their permission, the particulars of the claim was clear for all to see, i only redacted the name of the person involved and the retailer, i don't consider that being secret as claimed by dx100uk. I shall have in hand the paperwork later today to see if it is a genuine cc claim and take it from there. No I've not risen from the dead Thanks for the reply
  3. Not sure why at this stage giving you the name of the retailer makes any difference, I've given you all the information about the claim, how it that being secretive?
  4. Not necessarily so, the retailer is not relevant right now, yes it was but the goods in question was well short of £70 and the figure of £197 for case costs must of been dreamt up by Tattoo from fantasy island.
  5. At present im not going to name them, but it is a well known high street retailer. Having told them the recommended advise is to ignore nothing will happen they won't issue a ccj, they haven't in years, i now need to know if that claim is genuine and i think it is, what is the response going to be? thanks
  6. It was issued on behalf of a well known retailer by a solicitor, claim2.pdf
  7. This was for theft of goods totalling £70 claim for £267, no police involvement Brief outline, back in March this year the usual scare tactic letters started to arrive gradually getting more and more threatening, then at the beginning of July they played their ace card, ' if you don't pay within the next 10 days etc etc we will take court action ' Yeah right, file it with the rest of the pile. Lo and behold what drops on the doormat Saturday morning, a county court claim. I shall be in possession of the paper work tomorrow but from the screen shot i have been sent it looks genuine, surely they would not stoop so low as to sending out fake ones. The advice on here has always been ignore, ignore and ignore again which is what i pass on to people, if a genuine cc claim what is the response now please? I have tried to upload the screen shot but i just keep this error
  8. Thanks for the info, hope the OP reads all this and is reassured
  9. Thank you yes i understand, the letters you get from http://www.ukcrs.com/ are more explicit though, empty threats maybe but certainly more explicit, they bang on about torts and mention avoiding court action if you pay up, and finish off by saying if you don't settle they will advise their client to commence court proceedings against you to recover losses, if that is not a threat of court action i don't know what is. yes i have taken on board what you have said, i understand now why you apply the just ignore rule, but tell me this please, it must at some point become unlawful if you constantly harass a 16yr old with letters and phone calls making false claims you owe them money and will commence court proceedings if you don't pay, 6 months, 12 months, 2 years? they could essentially go on forever if they wanted to.
  10. crs are though https://paycrs.co.uk/ At what point does it become harassment to keep pestering you with threats of court action etc etc if you don't pay, is it not illegal to make false claims? especially against a 16 year old, where even if they did want to make a court claim they couldn't.
  11. Yep fair enough, i should of phrased it as 'Claims company' But i firmly believe shoplifting is an offence that should be dealt with by the police and through the courts if they want to recover any loses , not by some 5cummy Claims company speculative invoicing
  12. I think i now understand why there is a reluctance to encourage people to use the civil procedure route on here But i firmly believe shoplifting is an offence that should be dealt with by the police and through the courts if they want to recover any loses , not by some 5cummy debt collection agency speculative invoicing.
  13. I have read most if not all threads on here and other boards and i have not come across one post that has said ' i challenged them to comply with civil procedure if they had reason to believe a debt is due' and i ended up in a worse mess than if i just ignored them in the beginning , if you can point me in the direction of one then please do. It's been said many times on here that just ignore them, they won't follow through with the threats, there has been no court case since 2012, so what would they do differently if you challenged them on civil procedure? nothing if they took no notice of you, they would carry on regardless, you don't have to get into any letter tennis on the issue, just revert to option of ignoring them, if it works and it saves you a bit of harassment great if it don't you have not lost anything. I don't agree with the one size fit's all advice of IGNORE, because as i have said some people can not deal with the threats, the worry of having them phone you, and yes CRS still use withheld numbers despite them not legally allowed to, a chance of stopping them early in the activity has to be a no brainer with no downside if it fails.
  14. It won't because if it fails you don't need to get into that issue with them, you just carry on as if you had ignored them in the first instance, that's why i believe you have no downside by playing that card. However we will have to agree to disagree.
  15. I understand what your saying foxy, but i see it differently, this approach is to try and put a stop to the bombardment before it gathers momentum,especially if someone is of nervous disposition regarding these matters. It's an unlawful request for money with a threat of further action if you don't pay in 7 days, by simply putting it to them that if you believe this debt is due then you should comply with civil procedure or jog on, the ball is then in their court. I don't see how you will be getting into a spate, because it will do one of two things, they will carry on regardless or give up a bit sooner because they believe you maybe a bit clued up on the law, i don't see the downside by letting them know. that you know the whole thing is a ruse. The ignore advise is what i would tell people if they can handle the threats be it by letter or phone, i can, you can but some can't handle the stress of that, so even if it's a 50/50 chance of stopping it dead in it's tracks as early as possible it has to be worth ago. nothing to lose, also you don't want to be getting in to the whole world recording of phone call etc etc to build an harassment case, then your really going off piste, of course they could just pay up and by tomorrow it's all over.
  16. I understand your worry, but you have to understand that they have about as much legal power as your postman, what do you honestly think they are going to do to you? if they did ( and they won't ) followed through with the threats of court action and you receive a claim through the court in Northampton ONLY then do you have to to do something about it. Until then your options are: 1) pay, and they will go away. 2) Ignore and if you can handle the idle threat letters and calls then eventually they will move on to someone else who is weak and willing to pay. 3) Send them the letter i suggested, that will let them know you are clued up on the issue and your not going to pay whatever, a good % call they will not bother you anymore, not a 100% but a good chance. Just remember they will make all sorts of claims of what they may do, and as most of said on here that is nothing.
  17. Depends of your state of mind, ignoring them for the hardliner is an easy play, but the letter churning and phone calls for some people unnerves them, such as one person i helped, she couldn't deal with the constant fear of them calling her and threatening letters, this despite me constantly reassuring her that they were full of 5hit. Surely if you essentially tell them that you know what the law is you then have more chance that they will leave you alone and move on to someone else less clued up Incidentally this girl was 16, they were never going to take out a claim in court because as you know they have to be 18 to make a civil claim against them, im sure making false claims of court action is illegal
  18. No, because they have not complied with civil procedure simple as that, if they want to make a claim against you they need to do it lawfully, which of course they won't do because they would not be able to prove the loss.
  19. found elsewhere , used this a few times, if someone can confirm it's still relevant, send them this, should stop them bothering you Dear (signatory) Thank you for your letter of xxx. It appears you are non-compliant with civil procedure, in that you have failed to state a discernible case against me and you have failed to show me the documents on which you intend to rely. That is to say, your letter discloses no evidence and no case. Your letter also is not a Letter of Claim. Until and unless you comply with civil procedure by providing a heading "Letter of Claim" AND disclose all the evidence on which you intend to rely AND disclose your legal case, as is required by civil procedure, I am not only unable to respond but quite unable to understand why you are making these demands. Further, you make unlawful threats against me which as already explained fall outside of legal protection. I reserve my position as to whether I will pursue you, and/or your "client" (assuming it is true you act for them), in the criminal and civil jurisdictions. Yours xxxx
  20. Thanks Andy, should the N56 still be fully completed or just sent back with unemployed ticked
  21. Is it correct that an attachment of earnings will be dismissed if the person is unemployed and on jobseekers, or can they take from you benefit, thanks
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