Just an update 

was supposed to be in court today, however I requested that the case be transferred to my local court, and yesterday I got notice that the case has been transferred and my local court will be hearing the case.   

DN may have been sent out but not received one though, same as no termination notice only, notice of transfer has been received 

and that was from Cabot

goimg to start on WS tomorrow 

Just looked at credit file and shows Cabot defaulted it in Nov22 , there is no information from original creditor.

Just got date through for application hearing 31/8/23  

Thank you DX 

although there is a DN included in the pack I have been through every bit of paper i have had from Newday and there is not a DN among it so not received one.

I keep all records since I had to defend my fist case back in 2009

many thanks 

Lets

@dx100uk  would you know if the DN in the bundle is valid although cant say me seen one for this 

cheers

lets

ok thank you Andy, just trying now to work out a witness statement ...also looking for ideas through the site 

I have also noticed within the evidence they have submitted there is no termination notice of account and although there is a default notice I have not ever received on 

going to work out statement now 

hi Andy

not had any dates or any thing yet from the court , which i must add is not my local court 

Sorry for the delay finally managed to get everything scanned, edited and converted to pdf and here it is.

thank you for looking 

cheers

Lets 

n244.pdf

willl do that tomorrow once dig printer out 

thank you 

@albouk 

I have just received a pack from MC going same route as yours 

what was in your WS that kicked them to touch ..please can you share 

many thanks 

Lets

@BankFodder Many thanks for reopening the post ..i thought i actually commented on friday ..must of forgot to press the send button.

on Friday I received a bundle of papers saying that they are a witness statement (120+ pages) in amongst the papers is also a copy of a default notice ( i thought they couldnt be reproduced).

Anyway the stay had been lifted and the case is being transfered to my local court, they dont know Geography as they are requesting it goes to portsmouth ...thats not my local court.

they are also looking to go for summary judgement

any ideas....I will have a look around see what other advise is out there on here too 

many thanks 

lets

Hi Michael 

Yes that is the case in the blue badge book it says you must...so far i cannot find a law that confirms that. 

for a contravention 30

- parked for longer than permitted ticket to be issue the CEO must log in the vehicle in question at least twice, if a time clock is displayed they still need to log the vehicle in, in order to register that vehicle on that specific street.

.In My case the street i was parked in, has 30min LW .no return within 1hr  (council allows unlimited parking with blue badge, Clock is not required)

then we have disable bays limited to 4 hours no return in 4 hours

again for a ceo to know for sure time has exceeded they need to log the vehicle in. 

on top of that for not displaying a time clock it carries the max penalty of £70 again this itself is excessive. 

i display my clock on DYL/SYL when i park if i cant find any other space to park. 

Hi All 

I do not know if other council controlled parking schemes do this but ours on the I.O.W do and that is log in vehicles that are parked in free limited waiting bays

for example some of our Disabled bays on the Island are 2 hours or 4 hours or no limit after 6pm .

however to prove a vehicle has overstayed in these bays, they have to be logged in on the CEOs handset. thus negating the need for a time clock.

today I parked in a Disabled Bay (max stay 4hrs ) and i displayed my badge.

went to 3 shops got a coffee and went back to the car. to find a PCN not for displaying a time clock, 

if the CEO is doing their job correctly then the car should have been logged in for the 4 hours and therefore not requiring me to display the time clock 

any thoughts peeps , by the way i am appealing just wanting to see if there is any other bits of info i can use in my appeal

many thanks 

lets

yep that's who i meant , Mortimer Clark,

yep filled on time and court acknowledgement received, the defense i used was the one attached.

letters where sent requesting information and only Mortimer responded saying they do not have the information and that they will put action on hold.

Particulars of claim

1. By an agreement between Newday re Fluid & the Defendant on or around 05/08/2019 the
(Agreement) Newday Re Fluid Agreed to issue the Defendant with a Credit Card.
2.the Defendant failed to make the minimum payments due.
3. The Agreement was terminated following the service of a Default Notice
4. The Agreement was Assigned to the Claimant,
THE CLAIMANT THEREFOR CLAIMS
1. 1995.16
2.COSTS

defence 

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC

2. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

3. Paragraph 1 is noted. I have in the past had financial dealings with New Day in which I can’t recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 78 request via signed for delivery which the claimant has failed to comply with.

4. Paragraphs 2 & 3 are noted. Although I do not recall receiving a Default Notice /Termination Notice pursuant to sec 87 (1) the Consumer Credit Act 1974.

5. Paragraph 4 is denied. The defendant contends that no notice of assignment pursuant to s136 Law of Property Act and s82 a of the Consumer Credit Act 1974 has ever been served by the Claimant as alleged.

It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:
a) Show how the Defendant has entered into an agreement and;
b) Show how the Defendant has reached the amount claimed for and;
c) Show the nature of the breach and evidence by way of a Default Notice pursuant to s87.1 CCA 1974.
d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

As per Civil Procedure Rule 16.5 it is expected that the Claimant prove the allegation that the money is owed.

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to
the relief claimed or any relief.

Put the defence in on time and then had a letter from Moorcroft Mortimer saying that they dont have the paperwork and seek to obtain it from the creditor, in the meantime they will put everything on hold .....

Which Court have you received the claim from ? MCOL Northampton N1 ?

Name of the Claimant ? Cabot Financial

Date of issue – . 6-10-22

only received claim form on Monday 17th October 22

Particulars of Claim

What is the claim for –

1. By an agreement between Newday re Fluid & the Defendant on or around 05/08/2019 the (Agreement) Newday Re Fluid Agreed to issue the Defendant with a Credit Card.

2.the Defendant failed to make the minimum payments due.

3. The Agreement was terminated following the service of  Default Notice

4. the Agreement was Assigned to the Claimant ,

THE CLAIMANT THEREFOR CLAIMS

1. 1995.16

2.COSTS  

What is the total value of the claim? £2150.60
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

Did you inform the claimant of your change of address? Give answer here

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card
 

When did you enter into the original agreement before or after April 2007 ?After
 

Do you recall how you entered into the agreement...On line /In branch/By post ? online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? yes
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. assigned to debt purchaser Cabot
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes 15-12-21
 

Did you receive a Default Notice from the original creditor? no
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? yes,  dated 21-10-21 for £39.10
 

Why did you cease payments? could not afford them
 

What was the date of your last payment? not sure all statements were online now cant access the details
 

Was there a dispute with the original creditor that remains unresolved? no
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no

december 2019 went down with brain illness which now effects memory and speech

I actually received the claim form on Monday 17th October, Obviously delayed due to postal strikes 

I have acknowledged the claim straight away, is it worth me phoning the court to let them know about the date i received the claim.

I suffer with both physical and mental illnesses aggregated in December 2019 by meningitis which put me in a coma for 4 days and has now made my memory much worse.

however i have kept all letters received and there is no DN notice for this account at all 

I have also done the AOS as soon as received which was Monday 17th October 22

letter for Solicitors and cabot have been sent as well

claim.pdf

Hi Guys

Here is an update.

I sent a complaint via their online contact page stating the charge was excessive and was a penalty and that i will NOT deal with Moorcroft.

Today I got a phone call from Southernwater and the charge has been removed and they are happy to accept the £15 every 2 weeks when a bill is due ....so when bill comes in £15 per fortnight paid until bill paid ...not only that as I have a need to use more water than average, they have put me on the water preference where we get 20% reduction on our bills.

they have also retrieved the account from Moorcroft.

Cracking result, many thanks for the advice on this one

Cheers

Lets

Hi All 

Just an update, I sent a complaint through and got a message that i would be contacted within 10 days.

so far now contact received.

cheers

Lets

Hi BF

No, as soon as a bill comes in, it is split into equal payments, incl C/T. and payments are made after i have contacted the company and told them what I am doing. then by time new bill is in old one is cleared. most of the time have a month or 2 clear without any bills...Last years C/T was in credit by £198 by christmas last year.

With SW we pay every 2 weeks and whilst we are paying we get a red one by which point it is down another £15 from time they have sent it to time we get it, me not leaving bills till get red one at all. payments start as soon as we get em 

cheers 

Lets

Hi BF 

no the bills are every 6 months normally January and June.

the 20% reduction is for medical reasons, did apply before and was turned down.

the 20% reduction starts from today apparently.

Assumed it was clear as had no letters whereas if it wasnt clear they would send a red letter at which point it was lower than what the red letter would state.

so as had no communication pressumed it was all cleared and upto date. ( we pay our council tax this way too, they kicked up and i told them that if they didnt take it i wouldnt pay it)

cheers

Lets

Hi DX

Nope me not talking to moorcroft, no better than that, instead communicated with SW directly

Explained to SW that the charge was a penalty and was told no its not its an admin fee.

cheers 

lets

Hi BF

The £15 every 2 weeks is for the current bill, when we get a water bill in, we pay it off at £15 every two weeks until it clears normally the bill is around £90, (although should be cheaper as i found out today I qualify for a 20% reduction)by time new bill comes in its just that that needs to be paid, because i didnt pay for 4 weeks and did not get any communication from SW, so presumed it was all cleared then I get an email from Moorcroft with a £45 charge added.

we have been paying t his way for years and not had a problem, told this to the call handler who said our payment history is irrelevant its what it is today

cheers 
lets 

Hi all

I had an email today from Moorcroft asking us to pay them directly for our small outstanding water charge, bearing in mind we have been paying £15 every 2 weeks.

because we haven't got an agreement in place they transferred the decreasing bill to Morcroft and have added a £45charge for doing this.

I pointed out to SW adviser that I actually dont have a contract with SW that states there will be a £45 charge should they transfer the account.

any thoughts 

thanks in advance 

lets

Hi All 

Sorry BF for not replying sooner to your last response, not been well, 

i have today drafted another email to Livewell

details below, any further thoughts before i send it or is it ok 

many thanks 

Lets

Quote

Dear Sir/madam 

Many thanks for your email regarding this faulty scooter. may I apologise for the delay in  getting back to you , I have had a bad spell so not been able to do much. 

 

In your first part of your email you say 

"Whilst I feel I can understand your situation, paying for somebody to package the scooter for you isn't something we would be willing to cover. "

 

May I point out that, you are completely wrong, as until the fault/faults have been identified it is the responsibility of Livewell to cover all associated costs in returning the scooter, this will include not only the courier charges/fees but any costs incurred in making it ready to send.

 

You also state that 

I want to be fair here Mr Randall, but I feel that isn't being reciprocated and therefore can't agree with many of the requests you're making of us as a company.

 

It is not a case of being fair it is a case of Livewell standing up to their  statutory obligations.

 

As for Livewell collecting the scooter, I am more than happy for that, as the scooter has been faulty since October 2020 as first reported and as when the first set of replacement batteries. again I will need to arrange for the scooter to be packed accordingly, unless Livewell can arrange this, again there will be a charge for this as I will not be able to do this my self.

 

The Consumer Rights Act 2015 tells me , I should not loose out financially as a result of the Breach of Contract   and accordingly all costs of returning the item to Livewell should be met by Livewell

 

I will give Livewell a until 12th August 2021 to contact me with the necessary arrangements to collect and reimburse myself for the costs incurred for the scooter and also for the cost of the packing of the scooter.

Failure to make these arrangements will leave me, without further notice, but no choice to issue a County Court Claim for the scooter cost and all other costs incurred including the costs for storage of the scooter and packing box from that date .

 

thank you for taking the time to act on this matter and I trust, we will get this sorted.

 

yours faithfully

 

Hi all

I sent this to Livewell via their email address on 7th July got an auto response that said i would get a response in 4-6 hrs however it took a week to get to me via email 

Quote

Dear Sir/Madam

Many thanks for your attention in this matter, 

I have no problems with the scooter being collected, I have found someone that is willing to come to my home address to pack the scooter for transport,  however there will be a charge for this and that will be £30 of which I will be looking to claim that back from Livewell, I have had to go to get someone to do the packaging as I am disabled , hence the need for the scooter in the first place, I will however will need to know who and when it will be collected so that I can arrange for it to be packed outside and on the pavement as previously stated have no storage for a boxed and packed scooter.

 

Once the scooter has been collected by your appointed courier, I will expect full reimbursement both for the cost of the scooter and also the cost of the person to pack it for transport at total of £569.10

 

As a gesture of goodwill, I will forgo the cost of packing the scooter provided the scooter is picked up and refunded within the next 10 days. This will mitigate any further loss to Livewell for the scooter, storage fees both for the box and scooter, as well as the packing fee not to mention the interest that will also be claimed should I be forced to take this to court.

 

As for having the scooter inspected by the manufacturers is not an option as the inspection will not be classed as impartial as Devil Bliss Healthcare are the exclusive supplier for Livewell, as stated on your own website.

 

Further to the above, as it has taken me a few days to respond to your Email, I will extend the deadline for me to proceed with County Court proceedings to 21^st July 2021 if nothing has been actioned by then, I will procced with the action against Livewell Today Ltd without further notice.

 

When I purchased the scooter from Livewell today Ltd, I was not just buying the scooter, I was purchasing the support offered and the reputation that Livewell Today have, however I feel that Livewell Today have failed to meet my needs of supplying a fully functional working scooter and as such failed in all aspects.

 

I look forward to your swift response

this was their response that i got today

any thoughts

Many thanks 

lets

Quote

Thank you for your reply to my previous email.

 

Whilst I feel I can understand your situation, paying for somebody to package the scooter for you isn't something we would be willing to cover. 

I feel we have already gone above & beyond what would usually be expected by offering to collect the scooter for further assessment, after an independent technician from HomeServe reported the rust on the scooters electrical components. You have since opposed that report, stating the scooters faults are not down to any rust/corrosion present, which we were happy to address, but I feel we're now being asked to perform tasks that no retailer would be expected to do. We don't pay for a third-party to re-pack an item, neither do we pay for alleged 'storage costs'. I'm very happy to arrange to collect the scooter from you so that a full assessment can be made, however if you're concerned that neither Livewell nor Drive Devilbiss will do this independently then I'd focus our attentions back to the HomeServe report which was initially conducted which states there's rust/corrosion on various metal components, which is resulting in poor performance from the scooter. 

 

I want to be fair here Mr Randall, but I feel that isn't being reciprocated and therefore can't agree with many of the requests you're making of us as a company.