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  • turn the tables on corporations for not performing correctly

    Posted by dean-burgin on March 12, 2023 at 6:26 am

    hi, it comes to mind that the legal system has created a way to make a claim (amongst other things) by way of N1 form, this process costs hundreds £££s.
    There was a time when the legal system didn’t exist and courts did, presumably one could file a claim at court and I guess the looser paid the court costs.
    Any tips on how to go about this? I wish to:
    1. a default judgment after 3 Notices
    and a claim to take to county court for breach of GDPR

    so far I’ve Sent:
    Claim _20221003
    Claim _20221003-2nd
    Claim _20221027-3rd
    Claim _20221116-NoticeofDefault
    Claim _20221201-Notice Affidavit and Statement of Fact
    Claim _20221216-Notice Opportunity to Cure before Statement of Claim
    They made settlement that I accepted as interim payment before Christmas, heard nothing since.
    Claim _20230125-Notice Statement of Claim
    Then started
    1.Notice and Demand for Payment of Debt_20230219
    2.Default Notice and Notice and Demand for Payment of Debt_20230227
    Now thinking I need to send 3.FINAL NOTICE AND DEFAULT JUDGMENT

    My car vandalised (4 tyres and exhaust box) and written off, claim started mid Jul 22, they Aviva been a nightmare.
    I also sent DSAR, this has been ignored so have added to the claim.

    After the 3.FINAL NOTICE, do I need to file a claim? then under CPR7 they get 21 days before I can file for Default Judgment?…ex parte?
    Do I do as affidavit with exhibits?
    Do I need to pay for the claim?

    Anyone been through this?

    • This discussion was modified 2 years, 3 months ago by  dean-burgin. Reason: add tags
    dean-burgin replied 2 years, 3 months ago 3 Members · 6 Replies
  • 6 Replies
  • morag-janet-of-the-hill-family

    Member
    March 12, 2023 at 1:58 pm

    There is a Q and A on Wednesday 7pm Aus time as far as I know so that may be where you could ask this question of Mark. Make sure you o the zoom meeting on time and cut and paste you question in with Q…side it as soon as you get there.

    • dean-burgin

      Member
      March 13, 2023 at 1:12 am

      thank you morag, i shall try and attend GMT it’s early i think.

  • yort

    Member
    March 12, 2023 at 8:46 pm

    Hi sorry to bug you. Do you happen to have a template of Notice Opportunity to Cure before Statement of Claim?

    • dean-burgin

      Member
      March 13, 2023 at 1:04 am

      it is basically my claim with a different title, hope it helps.

      date [right] name & address

      Aviva insurance Limited
      Pitheavlis,
      Perth
      PH2 0NH

      Notice

      Opportunity to Cure before Statement of Claim

      Notice Affidavit and Statement of Fact was sent on 2 December 2022.

      Claim; YOUR Ref: 57433912 PF57VZU

      Particulars of claim: 19 July 2022, chronological order of fact:

      xyz

      SCHEDULE OF PERSONAL LOSS/DAMAGES

      Incident 19 July 2022

      Detail Claim

      <div>xyz £3333</div><div>

      xyz £3333

      </div>

      NON-NEGOTIABLE

      TOTAL Claim Sum Certain GBP £333333

      Statutory interest commencing 17th December 2022 @ £3.15 per/day.

      All court plus additional costs will be added.

      To avoid this matter being taken further, send full payment within seven days to:

      SORT: 222222 ACC#: 2222222222

      Sincerely

      By: Dean Burgin

      Signed……………………………………. Dated…………16/12/22……………………..

      All Rights Reserved

      End of; Notice Opportunity to Cure before Statement of Claim

      Confirmation; delivery of first Notice of Claim:

      evidence of all notices sent

      • This reply was modified 2 years, 3 months ago by  dean-burgin. Reason: deleting code