I have some questions about the correct procedures for County Court summonses. I'd be really grateful if anyone could advise me on any of these queries. I have read the guidance notes for both online and paper forms but still have some uncertainties. Background: I am about to issue a County Court summons for unpaid compensation for use of part of my property by a builder. The basis of the compensation is set out in an agreement and related emails. My questions: 1) When sending in a paper N1 form, is it correct to send supporting paperwork with it? E.g. Copies of agreements, contracts, print outs of related emails. 2) Exactly how many copies of the N1 form, defendant's notes, and supporting documents (if these should be sent with the N1) do I need to send? I assume from the guidance that it should be a total of three copies of everything: One copy (i.e. the original form) for the court, one copy for the defendant, and one copy for me (to be sent back to me). 3) I was originally planning to issue the summons online but the Particulars of Claim box on the MCOL website is absurdly small. How does anyone explain the key points of their case with so few characters and lines to work with? Any help on these queries will be really helpful. Edit: I have found the answer for question 4. Questions 1, 2 and 3 still confuse me. Answered question below: 4) I am aware that one can send additional PoC by post if using the online form but, as I understand it, these later PoC are only to be sent to the defendant. The Court and the Judge will not see them unless and until the case comes to a hearing. Is this correct, or should one send additional PoC to the court as well as to the defendant? Answer: I see that form N215 'Certificate of service' requires that documents sent to the defendant must also be sent to the Court.

From my favourite Consumer site in the whole world... Look carefully.... [ATTACH=CONFIG]58202[/ATTACH]

I find this totally amusing. About a two weeks ago I sent further letters to my Creditors, one of whom is Nat West Bank, the following week I get a knock on the door from two local police. I had no idea why they were calling but eventually they said Nat West had contacted them and asked them to visit. Why, you may ask. Well, in the letter I said that the debt was making me feel so stressed, depressed, etc., that I felt suicidal. After chatting with the police for a couple of minutes, they left; as they went through the gate I said: 'See you next week then when you come back to check I'm still alive'. I should say I have been paying £1 per month on a regular basis to each of my Creditors for the last year or so. The letter was an update on my situation, and I have to say that of the two banks I owe money to Nat West have been the worst and most aggressive in their approach. Still, I was able to see the funny side of this. I should point out that I am definitely NOT suicidal, I am just fighting their way, by giving them something to think about in return for their aggressive stance. For those interested, or having similar problems, here is the guts of the letter I sent, please note that this was the first time I asked them to consider righting the debt off; but doubt they will - worth a try though. Also, the debt charity StepChange have been very helpful to me, as has this forum. Fight on folks! -------------------------------------------------------- Dear Sir/Madam I am in financial difficulties and not able to meet my normal monthly payments. I will make a monthly payment of whatever I can afford until more money is available. I have enclosed my monthly budget and a list of creditors. After paying my household bills, I can pay you £1.00. I will pay this each month and tell you when my circumstances change. Please consider reducing or stopping interest or any other charges on my account to help me during my financial difficulties. NOTE: I have a long history of depression and am currently taking medication for this. The stress of all this is causing much distress, depression and panic attacks, leaving me feeling suicidal. Please be advised that I will only communicate with you in writing. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc., (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Yours faithfully

Hi everyone , I hope someone can help me , ive done a few searches and not come up with an answer, I have a couple of defaults on my credit file from about 5 years ago when things got bad with a broken relationship I know i defaulted on them in june of 2008 as i checked my credit file back in 2012 s o if im right they should drop in june 2014 right ? Well they have since been sold to lovell dca and have changed the date to june 2009 so that means they will take another year , can they do this ? Also if they are not allowed to do this what should i do to change it back , i have had no contact with them and was wondering if i send them the SAR will they then take that as me contacting me and have me by the short and curly as they say , Any advice would be great , Thank you

I have recently send the CCA letter to NEW DAY and had a reply from them saying Unfortunately we are unable to send you a copy of Agreement I owe them £665 and i would like to settle with them by offering £200 Please any advise or sugestion

Like so many others, I am having trouble porting my number to Vodafone. I have moved from Virgin to Vodafone. My Vodafone sim allows me to make calls and use the Internet but I can't receive calls or send/receive texts. I've contacted customer services who have said exactly what other people with the same problem have had said to them i.e. I will put you through to the porting team who confirm that my number is with Vodafone but all of 'the files' associated with my number have not been transferred. They say we will raise this with our 'back office team' who will contact Virgin. My Virgin sim went dead on the last day of my contract but interestingly, it has come back to life and I can now make and receive calls, send and receive texts and use the Internet. Not sure how they're going to bill me for this. I've been using mobiles for 16 years with the same number for the majority of this. I've ported many times before with no problems. As a first-time customer with Vodafone, this is a poor introduction. I would be grateful if Lee from Vodafone could help out.

Hello all, I am making a new claim for ESA after been given a fit note from my doctor yesterday, I have filled in the forms that I printed off online, however one website says to send it to my local jobcentre and another says to send it to an address in Belfast- both are government websites, can anyone tell me the best place to send it? Also would it best to send it recorded? Thank you all

Hi I wonder if some one can help advise me on what I should do about this. Six months ago my OH went to our GP as he was suffering from stomach pains, weight loss and passing blood. The GP told him to have a blood test and do a stool sample and that he wanted to referrer him to the specialist as soon as possible. He gave him some medication to help settle the stomach. My OH had the blood test and stool sample and took the medication. His stomach seemed to calm down and we heard nothing back so presumed the tests came back fine. 4 months later we receive a letter from the hospital with an appointment to see the specialist so my OH attends. The specialist was very concerned and urgently booked him in for a endoscopy and gastroscopy. When the specialist asked how long he had been experiencing these symptoms my OH told him he went to the gp 4 months ago. The specialist was shocked as they had only recieved the referral 3 weeks prior to this appointment and he said he should have seen him no later than 3 weeks after the GP appointment. The endoscopy showed a large stomach ulcer and my OH was given more medication for it but they had also taken biopsies. On Monday my Husband received a call from the hospital giving him an appointment to see the specialist which was today (yesterday actually now) The biopsies have shown that he does have stomach cancer and now has to have his whole stomach removed. The original GP appointment was around 6 months ago. I really feel that had he been referred immediatly like he was supposed to the diagnosis wouldn't have been as severe. To top it off my OH went to this same GP surgery not long ago with a chest infection only to find out that 3 years ago they diagnosed him with COPD which they failed to tell him of or to register it on his file. I feel so let down by our GP. My OH has always been in fairly good health since we have been together 13 years. We don't often visit the doctor maybe once or twice a year have never needed to but this year when my OH's health took a sudden turn we needed them to be there to do their job and it would appear they did not, resulting in a devastating and life changing diagnosis. Sorry if this is a bit of a rant, it has been a very emotional and stressful day.

Hello, I purchased my council house under the right buy act, I took out an interest only mortgage with the Halifax and registered the deeds and the mortgage in both my and my Mother's names I paid the full amount of the mortgage for 20 years until i moved out My name is still on the deeds and as far as I know on the mortgage as well. My problem is that due to various reasons I am not in communication with any of my family so can't see the statements , The Halifax won't send me a copies because I no longer live there and also don't know my balance. Is this legal?

Looking for a letter to send to the credit agencies to dispute a default on my file.

At the end of January I put in a claim for DLA (still getting that here in Northern Ireland). I mentioned that to my GP. She said that in my case it would be unlikely I would get it but she would fill in her part for me. About 4 weeks ago my support worker rang DLA to find out what the hold up was, only to be told that My GP had not sent the information they required. About 2 weeks ago I had an appointment with my GP and mentioned this. She said she would fax the details through to DLA. I rang DLA yesterday and they still had received nothing. And when I rang the surgery this afternoon, I asked the receptionist if she could check to see if anything had been done in relation to this. She said and said she would remind my GP. Has anyone else had this problem or is this a common thing that it may be because the GP is busy.

Hi, I received a claim form from MKDP for an old Barclaycard debt. I acknowledge service online but now need to submit a defence today - any advice please on how to construct it. issue date 29/5/14 Particulars of Claim the claimant claims the sum of 3,175.32 being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and Barclaycard. The defendants account number was xxxxxxxxxx and was assigned to the claimant on 16/1 2012, notice of this has been provided to the defendant. The defendant has failed to make any payments in accordance with the terms of the agreemen t and a default notice has been served pursuant to CCA 1974. The claimant claims the sum of 3,175.32 and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

Hi i have recently cheked my credit file and seen a ccj on there the guys i owe the debt to are arrow global. After getting in contact wth them and telling them that at the time of your letters being sent regarding this matter i had fell out with family and was not living there. They have agreed to set the judgment aside . They said they will send a consent form to me and i need to sign and return it to them and they will send it to the courts. Does this mean it will completly remove from my credit file. Thanks

Hi all, My partner is receiving ESA and I'm on his joint claim. I work since the 1. March for 14hours/week and earn less than 100 pound/week. I'm off sick since the 6th March and have a sick note from the 7th March to end of this month, probably extending. Problem is, that our benefits were reduced because of my wages I didn't receive. I called my manager on the 25th April, because I didn't receive my wages and he replied that I'm not eligible for SSP. I asked him about the SSP1 form and "he will contact the headoffice". A week later without form I called again, the assistant manager said the same "I will speak to the manager and he will contact headoffice". I didn't want to wait another week, so I printed the SSP1 form the same day and included an envelope with a stamp and a note to fill it out as soon as possible. Unfortunately I still don't receive the form and the manager is always "not available". I found on the Citizen Advice site "If your employer refuses to give you form SSP1, you should apply in writing for a decision to your local national insurance contributions office and claim ESA" But could you tell me what the local national insurance contributions office is? Do you have any experience how long does it take? Or is there any other way to claim ESA without the SSP1 from my employer? We are missing 80pound/week since April and it's really hard to get on. Thank you very much!! Kind regards, Stefanie

If someone can take a look.

Hiya, sorry if this has already been answered but im thinking of reclaiming charges with Lloyds tsb but the bank is no longer the same, theres Lloyds and theres tsb so which 1 do i do lol.

This has been posted elsewhere on the site,but its needed in here too. A friend of mine was in despair following Santander not only charging him for a failed direct debit,but then continued to add further daily charges. He informed me that he had called them and emailed them,explaining that the charges were punitive since his only income is Jobseekers allowance. The fees stood at £55 and were rising. He asked me if I could help,and duly wrote him a letter. I was finding it hard to understand,how a bank like Santander,were openly flouting their obligations. My friend had pleaded with them and explained his situation. Santander of course could see from the account too-that he was in reciept of benefits since they were paid into this account. No excuses then...lets get to work. Account number xxxxxxxxxxx Sort Code xx xx xx letter before action Dear Sir/Madam, I am very disappointed in your response to my complaints which were made to you today, and that you have chosen to ignore my request for hardship, I therefore have no alternative but to seek recourse through the county court system. I believe that Santander have treated me unfairly under the following BCOB rules of which Santander should be compliant with,since Santander is a firm regulated by the FSA. Rule 5.1.1 R states “A firm must provide a service in relation to a retail banking service which is prompt, efficient and fair to a banking customer and which has regard to any communications or financial promotion made by the firm to the banking customer from time to time.” Rule 5.1.4 G “Principle 6 requires a firm to pay due regard to the interests of its customers and to treat them fairly. In particular, a firm should deal fairly with a banking customer whom it has reason to believe is in financial difficulty.” Santandar have been informed that I am in reciept of state benefits and that I need these to cover essential living costs including food and heat/lighting. Santander have not at any point acknowledged that this is a hardship case despite me notifying you.You have levied charges of £55 in recent days,and have refused to refund these in your return call to me on 6th.June. For these grounds I feel that I have been treated unfairly. In order for this claim to be settled without the need for court action I require that the full amount taken of £55 returned to me by way of a credit to my account. If I have not received a satisfactory response within 14 days then court action will be commenced without further notice and further costs will be incurred. A judgment for a breach of BCOBS is very serious and the FSA would be empowered to act. Yours Faithfully Mr V. Upset Would the recipients of his email to Santander actually know what the letter was about ? You bet they did! He got a reply quite swiftly...in fact in the space of 30 minutes. Message: Good Afternoon Mr V. Upset Thank you for your email. I am happy to reverse the amount of £55, which have been waived due to exceptional circumstances. To ensure no further charges are incurred on your accounts, we would ask you to monitor your accounts throughout the month. This can be completed through Online Banking, Local Branch and Telephone Banking. I hope this information is useful and if you have any other queries, please do not hesitate to contact me via Secure Messaging or my colleagues on 0845 9724724. Kind Regards, The nice man (who knows his BCOBs from his bankcharges) Santander Customer Services So the message to all those who believe they have been treated unfairly,is to give them a taste of their own famous words when they fob you off with sorry we cant refund the charges..... "This may not be the reply you wanted" Edit. The banks get letters and emails from people threatening them with Court action every day. We know this and so do they.So its essential,that you are willing and prepared to act on any threats if the bank do ignore your letter/email.

So i was filling out my provisional drivers license and i filled it out, had to put 50 pound fee in as well. guess what herpa derp i had a brain fart and simply put a fifty pound note inside the letter with my form and sent it off to DVLA Swansea. it wont arrive there until tomorrow afternoon earliest but is there anyway to recover the letter or the money? i was thinking of calling them and saying a letter with the bar code xyz has my letter in which i put 50 pound in. could you not open that letter and send it back to my address or whatever. The question is "should i kiss that 50 pounds good bye" and secondly "do they have high tech robots opening letters and scanning the forms etc? or a bunch of lackeys with letter openers taking the letters out and then putting them in a scanner" please tell me...that 50 pound....i might just kill myself...just kidding

Make a child’s Christmas and raise money for the NSPCC Santa Claus is coming to town! But before he does, Father Christmas is sending personalised letters to children to confirm his annual visit and raise excitment even higher. The NSPCC's Letter from Santa fundraising initiative gives parents, grandparents and anyone else the chance to nominate someone special to receive a magical Letter from Santa for a suggested donation of £5. The letter is personalised with the child's name and age and confirms his sleigh stop in the child's home town to wish everyone a merry Christmas. The letter is written in a hand script font and is beautifully illustrated on quality colourful paper. The envelope shows that it's been safely delivered through 'express Rudolph Mail'. http://christmas.nspcc.org.uk/santa?utm_source=google&utm_medium=cpc&utm_term=nspcc_father_christmas_letters&utm_content=Letter%20from%20Santa_Exact_DO_143701&utm_campaign=christmas%2b2013&ac=143701

Here's another victory this year, this time Town & City Parking, ( now Smart Parking)............ My partner received a £70 invoice on 16th Jan 2013 with regard to an alleged parking contravention on private land. The event allegedly happened in Asda, and we had never been issued with a PCN and parking is free with a maximum stay of 3 hours. Will file drop all correspondence in order.....ENJOY..... 21 January 2013 Town and City Parking 5 South Inch Business Centre Shore Road Perth PH28BW To Whom It May Concern: parking charge Notice Number: ******** I refer to the invoice for £70 that you sent to me on 16th January 2013 with regard to an alleged parking contravention on Private Land. I note that you do not state what the alleged contravention is. I have complained to Rob Tippett, Store Manager of Asda Canterbury who stated,"He is more than willing to intervene if I hit a brick wall with you." I believe this matter falls under English Contractual Law because the matter does not relate to Public Highway or Council. My first point to you is this ... I have never received a parking charge notice at Asda in Canterbury although, I do shop there at least three times per week, but on the day in question, I was elsewhere. Therefore, your charge is rejected and the debt is disputed. I now require you to provide me with all of the following evidence. • Photographic Evidence clearly showing the charge attached to my vehicle at the time of the event in question. • A Copy of the charge notice. • Photographic Evidence of myself either in or standing next to my vehicle at the time of the event in question. • A Copy of the contract allegedly entered into. • A Copy of your Lease Agreement with Asda. Failure to supply me with all of the above evidence in light of your proposed threats, I will consider an abuse of the Court Process and Failure to prove Liability as in East Kent Hospitals Vs Fagan 2013. My Second point is that you do not own the land in question, therefore, you have no legal right to enter into a contract with a land user on behalf of the landowner, and so it follows that I cannot possibly breach a contract that does not exist - VCS Parking Ltd Vs HMRC 2012. Even if by some remote chance, you manage to persuade any Court that I am liable; my third point to you is the charge ... The Charge is a Penalty by virtue of the value of the charge. Indeed that particular car park at Asda is free of charge for customers with a maximum stay of three hours. In view of the fact that the Landowner suffered no loss of revenue, to suddenly ask me to pay £70 is a penalty charge and thus not recoverable in law. Excell Parking Services Vs Hetherington - Jakeman 2008. I would also point out to you that the signage at that particular site is inadequate and therefore contrary to the Unfair Contract Terms Act 1997. Now then ... Should you wish to escalate proceedings against me, I must inform you that I will consider this harassment to which I will seek remedy under Part V (40)Administration of Justice Act 1970. I will also be obliged to report your behaviour to the Office of Fair Trading. I trust that this concludes our business and it is the end of the matter, for which I would like confirmation by reply. Yours Truly ************************* ************************* ************************ ...... Parking Charge Notice Number:******* Parking Charge Notice - Cancellation 12 March 2013 Dear Thank you for your recent communication received. I have noted the points you raised and would like to confirm that we are cancelling the Parking Charge Notice. If I can be of any further assistance please do not hesitate to contact me. Yours sincerely Smart Parking Ltd Collection Department Smart Parking ltd also trading as Town and City Parking Registered Office: 5 South Inch Business Centre, Shore Road, Perth, PH2 SBW Registered In Scotland: Company Registration NO.SC138255 ************************* ************************* ************************ Miss ******* 16 March 2013 Smart Parking Limited 5 South Inch Business Centre Shore Road Perth PH28BW Whoever this may concern Parking Charge Notice Number: ****** I refer to your recent communication dated 12 March 2013. Thank you for the cancellation of the alleged parking contravention. I now require that you reimburse me for my costs associated in this matter which consist of: 2x recorded delivery letters at £ 1.55 each = £3.10 Stationary and telephone costs = £4.00 Total = £7.10 I expect your response within 14 days of this letter. Regards ************************* ************************* ************************ 21 March, 2013 Dear****** Parking Charge Notice : ********* Thank you for your recent communication received. I note your comments and as the pcn has since been cancelled for being incorrectly issued we attach a cheque in the sum of £7.10 in respect of your compensation claim. Please accept our sincere apologies for any inconvenience this may have caused. If I can be of any further assistance please do not hesitate to contact me. Yours sincerely Smart Parking Limited

Here's another victory this year, this time Town & City Parking, ( now Smart Parking) who use Roxburghe for enforcement............ My partner received a £70 invoice on 16th Jan 2013 with regard to an alleged parking contravention on private land. The event allegedly happened in Asda, and we had never been issued with a PCN and parking is free with a maximum stay of 3 hours. Will file drop all correspondence in order.....ENJOY..... http://www.filedropper.com/tcp1 http://www.filedropper.com/tcp2 http://www.filedropper.com/tcp3 http://www.filedropper.com/tcp5 http://www.filedropper.com/tcp4

Then please send them to his mother Mrs Celia Kay(Martin's mother) For Martin Kay (deceased) c/o St Mary's Lowe House North Road St.Helens Merseyside WA10 2BE She is very elderly and has been very badly affected by this event.

Hi, My main aim here is default removal on the basis I believe the default date is incorrect. I sent a recorded letter to Lowell (who took on a debt of mine from capital one). I requested a copy of the default as I do not believe the date of the default is as shown on my credit file as I have no record of receiving a default on that date in my records. In fact I have no record of the default at all, but if anything I think it would have been earlier than stated. I included a postal order for £1 for them to supply me with the original credit agreement and the original default. The date of the default in my credit file is July 2008. There are no entries on my credit file for this account prior to the default, it shows the whole of 2008 prior to the default as empty and nothing before that. I did settle the debt fully in Dec 2009 so the account is showing as settled on that date - as a side note I believe defaults should be recorded within 6 months of non payment, or if no payments have been made in a 6 month period, clearly this is not the case on my credit file. they have responded saying "Your comments have been noted but we would advise you that legally we do not have to provide you with a default notice from ourselves as you will have received the default notice from the original creditor at the time your account went in to default" They go on to say "With regards your request for a copy of your credit agreement in accordance with S77(1)/S78(1) of the consumer credit act 1974. As our account was repaid in full on the 13th of October 2011 (not sure why the mention this date as it shows being fully paid in 2009) we would advise you that S77 (3A) expressly states that we do not need to comply with your request where no sums of money are outstanding on the account. Please therefore find enclosed the £1 sent with your letter" Where do I stand on this, im not overly bothered about the credit agreement, but I need clarification on the default to ensure it was actually issued on the date noted in my credit file. Thanks

Hello, I've received series of letters from a DCA demanding payment for what I think is an old overdraft with a UK bank. The latest letter states that if I do not take any action the account will be sent to a External Debt Collection Agent. Furthermore, they may commence legal proceedings which may result in additional costs being charged to the debt. I definitely had an account with the bank concerned, last used in early 2008 (I think). However, I don't remember any outstanding balance and cannot confirm whether the bank account that the DCA has quoted is accurate. I've moved countries several times since 2008 and have not kept any records. I don't know how the DCA tracked me down as I didn't supply the previous address related to this account when opening my most recent account in 2010 (as I was not actually living at the previous address - it was a transit stop between shifting countries - see below). Having reviewed the content of this site, I'm confused as to whether I should send: - a 'prove it' letter or - a CCA request Also, I have no problem paying off the debt if it is genuinely owed (it's under £1,000 and I have the cash available if required). I'm concerned, however, that my current credit rating will be impacted by actually paying the DCA the outstanding balance. i.e. details of a default will appear on my credit rating out of nowhere. This may sound counter-intuitive but there is no record of the original debt connected to my current Experian rating as I never supplied previous addresses when applying for the most recent account (I was only transiting through at the time the debt supposedly defaulted; the original bank account to which the supposed debt relates was opened many years ago when I was previously living in the UK; I didn't put details of the previous address as I didn't think it was relevant to the latest bank account application). If anyone could confirm that all the DCA is interested in is getting the cash in (i.e. they won't bother to mess with my credit rating) then I would appreciate it. Also, I thought that a DCA cannot add charges to the original balance outstanding? So threatening to do so is unlawful. Thanks in advance and thanks for a great website.

3yr Incapacity/Severe Disablement was up in December last year. The original decision to first get that 3yr entitlement was first to not grant it, then it went to appeal and it given on appeal. The three years were up in December 2011, and after a letter from the GP and a new form filled in it was given as 'Indefinite' in February this year. What has now been received last week Sept 24th is an assessment for Employment and Support Allowance letter where they first want to call to 'talk' about how the changes will affect the claimant and then they want to send a questionnaire called Limited Capability for Work. I assume this is the prequel to an ATOS medical etc? Am I right to think that A/ It's pot luck who gets 'assessed' for ESA first? Just seems a bit odd that less than 8 months after being granted Indefinite re disability that they are now having to go through what appears like it all over again but with a different set of questions/criteria and ones which seem steeped against the individual. Is the above unusual or standard? -- Also, they want to speak to the claimant on the phone, this is something the claimant won't do, they don't talk on the phone at any point, one part of their illness is extreme issues where others are concerned, is there a way around this? I don't see the claimant ever speaking to them on the phone, what would be the next step? More to come but for now this is it. PS: Recently had to apply for a Blue Badge, this involved having to send a rather elongated form in (most of which did not require filling in due to Higher Rate Mobility aware, but still they wanted a plethora of 'documents' . Finally awarded at a cost of £10 ... Any clues/ideas/way forward would be much appreciated.