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  1. Hi I received County court claim back on Friday 4th January despite it states issue date 31 December 2018 it did not arrive in post until then but no matter what I assume date on paper work stands. I then received 15th January a warning from Lowell that they had sent it to court and I should receive something soon their letter was dated 7th January so that came very late. Okay I will get to the facts really hoping for your urgent help and assistance in this as I have suffered with sickness this month and also at same time struggled as had to keep work balance. I don’t want to use any excuses other then It was easier for me to hide this away and just wish for better things. But I did submit my AOS and full defence within the 2 weeks on Sunday 13th January and was received and noted by court on Monday 14th January. I did receive the proper letter regarding Lowell would submit to court and I had the 30 days before end of November 2018 so they followed rules for that. To try put facts about my debt down short basically was a credit card I took out with Capital One back in 2011. To be fair I am not 100% sure when my last payment was and if its statue barred. It was at a lower limit then years later was setup to £1000 limit. I fell into a dispute regarding some £12 charges etc and also had contact through phone and emails I then stopped payments and kept going up. I did not get proper response on my emails etc I was even trying to settle a solution. My fault for ignoring further letters with request for payments and debt was sold to solicitor Lowells in 2014. To cut to the chase I need to submit my defence tonight as I understand and I have not got CCA and CPR (31.14) letters sent off despite I have made them ready. Can I still get these sent off tomorrow morning with Royal mail 1st class recorded delivery and then attach £1 postal order for each? Also because of my dispute with Capital One I really wish to claim back all charges and the 8% interest etc but how do I deal with this now? Can I sent letter to them or does that has to go to Lowell? Hope for your assistance guys I would be so grateful. I have attached Claim Form and also I have done a draft Defence for me to submit tonight hope it looks okay? here is my defence draft Defence 1. 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 r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have had an agreement in the past with Capital One but any alleged balance is and remains in dispute for charges/services. 3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 1 year ago. 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of agreement/assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5.As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit icon Act 1974. 7. 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. Signed I am the Defendant - I believe that the facts stated in this form are true xxxxxxxxxx 27/01/2019 Defendant's date of birth x/x/19xx Address to which notices about this claim can be sent to you xxxxxxxxxxxx
  2. I am a small independent skincare maker. I purchased the service of MyHermes to collect and deliver 4 parcels of wholesale skincare goods to a stockist, and 3 were lost. * 2 parcels had their last scan at the Hermes depot Jun 1st '18, and haven't been seen since. * 1 parcel made it to the destination OK. * 1 parcel was said to have been delivered but was never received, and at some point I was told the delivery scan happened on the other side of town to where the parcel was supposed to go. MyHermes say they've conducted multiple sweeps of the warehouse and can't find them, and have offered me £50 only as a 'good will gesture', which is insulting. I have taken the case through the small claims procedure and it’s been moved from different courts/online to court / different judges etc, and finally now there is a hearing date. I was hoping to settle this without a hearing as I don’t have a lawyer. Hermes claim as the contents is liquids they don’t cover them in their terms. I labelled the boxes as ‘Skincare’ and they took them anyway. And it’s beside the point what the contents were since the boxes were lost/stolen. I'm claiming for the wholesale price of these goods. The case is for around £4,600 including the court costs. I have to pay another £355 hearing fee now, on top of the few hundred I’ve already paid to make the small claims case. Do I continue? Can I go to a hearing without a lawyer and be successful? Do I have any chance? I’m just so sick of all this. I have only a few days (until the 8th March) to pay the hearing fee so I need to decide ASAP whether this is worth it. I would so so appreciate some help or support from someone who knows much more about this than me!
  3. Hi Redroy. Any luck with obtaining these hire costs back yet? Am asking as it seems I am in the exact same position as you are right now. Ive been told by OCL solicitors that third party are Hi Redroy, any luck with this yet? I am in exact same position as you was last year. Have been told by OCL solicitors that third party are disputing the excessive car hire amount and want to know why i chose to take an expensive car out of hire. I feel trapped as i explained to OCL that One Call insurance deferred me to the hire company and made it seem all seemingless and painless. Now its been 7 months and I am dealing with a court mitigation with third party regarding costs for car hire and injury. This was a 100 percent non fault claim.
  4. Hello, I have today received a letter from High Court Enforcement Group Ltd demanding payment for an old university tuition fee debt. I have recently changed address and I had no idea this had got to the court stage, so I didn't get a chance to respond to the claim. I would like to be able to get this case back in the court system because I would like to defend it. The reason I didn't pay the tution fees is that after one term I realised the course being taught was nothing like what they had detailed in all their marketing. I soon realised that this MA course was not going to help me any further with a career and would just add another £10,000 debt to my student debt already. Had I known that this was at the court stage I would gladly have defended the action against me. I know it's my fault I didn't inform the University of my new address but I am now on long term sick and awaiting treatment. I am in receipt of ESA and in the support group, I get the full benefit after the DWP changed their decision once they had received medical reports. I really hope at the very least my current circumstances will delay the debt process escalating further but I really don't know what to do. I have never been in this situation before and I know once it's at this stage it's very serious. I really didn't need this. I have just about managed to keep up with all my current bills and debts with minimal income but this is something else. Any help or advice would be very gratefully received. Jake
  5. Hi, First of all, thank you for the support you all provide through this site. I have received a Parking Charge Notice from CPM (UK Car Park Management) for 'Unauthorised Parking' in a small car park. The bays are unmarked and the signs are barely readable attached high on the walls in small prints. I am the registered keeper but not the driver of the time. The issue date was last year June 17 and was for £100 or reduced to £60 if payed in 14 days. It was sent to me in post with two pictures of my car in the letter. The reason was 'unauthorised parking'. Since then, I received another letter called 'Formal Demand' roughly after 40 days of the first letter where it says to pay £100. Then I started receiving 3 DRP letters (2 in sept and 1 in Oct 17) asking to settle payment of £160. Following that, I received a letter from Gladstone Solicitors in Nov 17 asking me to settle payment of £160 and then another 'Letter before claim' in June 18. Taking advice from other forums, I decided ignore them and I never contacted or reply to any correspondence thinking that they will stop. Now (Sept 2018), I have received a Claim Form from County Court Business Centre, Northampton asking to pay CPM £174.67 + £25 court fee + £50 legal rep fee total of £249.67. I have kept all evidence of letters and pic of the car park including the sign they have up. I need advise on what to do next. I have read different threads and you tube videos and all saying this is fake court. The court logos are blurred out and looks like the letter has been copied. Is this a actual court? The letter contains moneyclaim.gov password. Please can you offer me advise om what to do next? I have 14 days to acknowledge of service then submit my defence. I can upload pics of letters and photos upon request. Please speak to me in layman's term as I don't fully understand the process. Questionnaire: 1 Date of the infringement - 23/06/2017 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 10/07/2017 3 Date received 13/07/2017 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] - not anywhere in the letter far as I can see 5 Is there any photographic evidence of the event? - They took two pictures of my car and printed them in the letter 6 Have you appealed? {y/n?] post up your appeal] Have you had a response? [Y/N?] post it up - I did not respond at all 7 Who is the parking company? CPM 8. Where exactly [carpark name and town] - 93-101 Greenfield Road, London For either option, does it say which appeals body they operate under. - BPA If you have received any other correspondence, please mention it here - as mentioned above Thank you in advance
  6. Hi to all. I am going to try and keep this very simple and brief. I was sent a package/gift by my relative. So it was not a online purchase or any of that sort The item was delivered to my apartment complex via Royal Mail signed for service and was received by the concierge who signed for the item and made a log of my parcel and put in a delivery note via my letter box. However when I went to collect my parcel it had disappeared from a secure parcel room. I am not here blaming the concierge stealing the package all I am saying it just disappeared. I spoke to the building management and put in a formal complaint. I contacted the police also who could not do much at this point as no proof of who took the parcel. I wrote endless letters of complaint to the building management company of my apartment complex. Who ignored my complaint s and never responded. I then did a subject access request for the office log sheets containing the acceptance and delivery of my parcel even then they ignored and after my letter to management stating I will make a complaint to the ICO they sent me the documents. I then wrote to the CEO of the company and yet received no response. I had no choice other than to seek financial claim of my missing item via the small claims court. £ under 5000 claim. So The Small Claims court acknowledges my claim and gave until 1st of October for the defender the building management company to acknowledge and put in a defence to my claim. I rang the small courts/money claim centre on the 2nd of October who said they have received no information from the defendant however they are 5 days behind. i had to wait until 7th to find out if they had received any correspondence. I ring up on the 7th and yes they have not received any information. I sent in via email a request for judgment by default on 7th October, received the confirmation email, but again it takes 5 days for it to go through. The judgment by default was sent as the courts had not received any information from the defendant at this point of time. On the 8th of October I received an email from the defendants solicitor stating that there is no contractual relationship between me and the building management, and my particulars of claim are not clear, (I have been extremely clearly in my claim form) and that the claim is misconstrued and vicarious and that the concierge company is separated and are hired separately and in so many words saying it’s not them and trying to shift blame, followed by giving me 2 options, A)discontinue the claim B) agree to an an extension for the defence to allow them a extra 1 month to put in a defence C) And if I do not agree to a or B the building management company would file for a summary judgment strike out as the claim is vicarious. And giving me a 23 hour notice to respond via email only and to seek legal advice. Note I received the email on the 8th at 9pm and was given less than 24 hours to respond via email only by 3pm on the 9th of October. And the defendant will claim between £2500-£3000 In court costs and legal charges etc In a panic and surprise that having not any response up to date and all of a sudden a letter from a solicitor o sort legal advice and was told by my legal team to continue with the judgment by default. On the 14th of October I rang the court and was told the defendant on the 6th of October put in an acknowledgment of service but have until the 15th to put in the defence. So the judgment by default is not valid. But can put in another judgment by default if they don’t receive a defence. That’s the basic of what is going on. Now my question is can the defence claim legal costs via small claims? What advice and help would you suggest. What steps could you suggest I take as I am getting stressed out. Thank you and all response will be appreciated.
  7. Hello all, My first post on this great forum - very nervous and very worried. Please correct and advise me if I do anything wrong or don't follow correct protocol as I'm not a regular user of any forum! I had two credit card accounts with MBNA one started 1996, the other in 2001. I believe I stopped paying the full repayments around 2005 due to losing my job and the resulting financial problems and agreed with MBNA a reduced, interest free monthly repayment. Some time later I received letters saying both accounts had been assigned to a debt collection agency who would now be taking over the accounts. I think these were possibly re assigned two or three more times to different agencies over the next couple of years but my memory on these is not so good as I was suffering from severe depression around this time and on prescribed medication. I probably ignored and binned any correspondence from around this time. Most recently, around November 2015, Arrow Global took over both debts and on 05 August this year I have received two Court claim forms (one for each account). I read a few threads and have responded to the claim online at moneyclaim.gov.uk to acknowledge service and stated I wish to defend. Now I'm struggling and worried sick that my head might go again and would be so grateful for any help you wonderful people could provide. I don't think I have a lot of time to respond?
  8. Name of the Claimant - Arrow Global Limited Date of issue – 05 August 2016 Date to acknowledge= 24/08 + 14 days date to submit defence = 06/09 (33 days in total) - What is the claim for – the reason they have issued the claim? 1 - The claimant's claim is for the sum of £1547 being monies due from the defendant to the claimant under a regulated agreement between the defendant and MBNA Europe Bank Limited (No.XXXXXXXXXX) and assigned to the claimant on 30/11/2015, notice of which has been provided to the defendant. 2 - The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974 3 - The claimant claims the sum of £1547 4 - C has complied, as far as necessary, with the pre-action conduct practice direction. What is the value of the claim? £1547 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card account When did you enter into the original agreement before or after 2007? - 1996 Assigned - Debt purchaser (Arrow Global) has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, but I received a few different ones assigning it to various debt purchasers over the last few years. Arrow Global being the most recent. Did you receive a Default Notice from the original creditor? - Do not recall - I don't think so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - I don't think so. Why did you cease payments? - unsure - possibly 2010 What was the date of your last payment? - unsure - possibly 2010 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? Explained loss of job and financial issues and agreed and paid reduced, no interest monthly payment to MBNA until assigned to Debt Collection company then no further payments made.
  9. Any help appreciated I bought a car on HP in 2003, It was beyond my means and I only made 4 repayments -the car was repossed in 2005. I had a company called Marlin ringing me at work constantly and I was bullied into paying £15pm - I moved house and changed banks and the payments stopped in 2013. In 2015 I had letters from Cabot requesting money - over the years I have argued with them over the debt. They say it was assigned to them in 2016 yet I have statements from the original HP company in 2007 showing the balance - so how can they have it assigned if it was still with the original lender. It was due to become statute barred on 01/02/19 - however Mortimer issued an online claim on 27/12/18 - I defended and requested a SAR - they have only sent me 2 out of 9 pages of the credit agreement - which includes PPI and Gap insurance. There are various inconsistencies in the paperwork, dates amounts etc. Do I stand a chance in court of getting the claim in my favour or should I just negotiate with the Solicitor on a reduced amount?
  10. Followed previous advice for others in the same boat. Aos submitted on 30th. I presume ONLY 9 days left to send in defence. 1 Date of the infringement 08/10/17 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22/11/17 3 Date received Not received as was out of country. Have passport stamp as proof. 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] No 5 Is there any photographic evidence of the event? yes 6 Have you appealed? {y/n?] post up your appeal] no Have you had a response? [Y/N?] post it up No 7 Who is the parking company? VCS 8. Where exactly [carpark name and town] St Marys Gate retails park. Sheffield For either option, does it say which appeals body they operate under. IPC If you have received any other correspondence, please mention it here DRP,LBC,CC My mother was issued the second PCN on 21st Dec 17 due to non response to the first but received first week of january 18 probably due to holidays. Unfortunately she came across the letter on last date of appeal. Both my parents are elderly and classified as disabled due to their various ailments. The letter stated that she had no right of appeal but can give mitigating circumstances but before the last date. After that received a couple of debt collectors letter, LBC in July and now CC claim as mentioned above. To begin with they had idea where the location of the infraction was. As it is with some elderly people in their 80s some memory loss is inevitable. Im half their age and feel what they do. we finally figured out the area with help of this forum. They don't take the blue badge liberties for granted but in their understanding this parking area was towards a side where there was no signage. My mother requires constant attention as she is prone to falling and my father missed any signage. As per their understanding blue badge holders are given some margin. They also had their grandchildren with them at the time who are a handfull. Unfortunately my mother did suffer a nasty fall and as was incapacitated for quite a while. My father took her back home in taxi instead as the area was closed to other cars. The only witness that can attest to this is my father and probably the GP. As she has had knee and shoulder replacement done she's kept under check. My father retrieved the car according to the ANPR after a stay of 150 mins whereas the time limit was 60 mins. I came across a similar post where I understood that the PCN didn't comply with being served in time. I hope that is the case. As they themselves have stated the exact dates on the PCN. The second PCN seemed as if they wanted it to reach the very last date so that out of fear one should pay up. I now request all the gurus to guide me in drawing up a suitable defence. I hope I don't let my mother down as i took responsibility to sort it out as to be honest its just not something they could have dealt with given the situation and due to this forum I feel she has a chance. Its also ridiculously expensive for a pensioner. Thank you and hoping for a favourable reply.
  11. Hi i wonder if anyone can give me advice. I have received two summons from link financial ref to old defaulted ex barclay credit card debts. Can anyone give me any advice as to how to go about and what to do please? Any advice will be highly appreciated.
  12. I hope for your help on how I should apply the Central London County Court to Enforce an Financial Ombudsman Final Decision using form N322A? I am a Danish pensioner, living in Denmark, on 28 March 2018 the Financial Ombudsman Service (FOS) made a Final Decision in my favor regarding my complaint against Abshire-Smith Global Ltd., 26 York Street, London W1Y 6PZ, which I accepted. However, the business has unfortunately not complied, i.e. paid me the required amount (GBP 84.833, incl. 8% interest and a GBP 750 compensation awarded by the FOS) within 28 days of me accepting the FOS Final Decision, as they were ordered to by the FOS, despite many reminders from the FOS and finally the FOS reporting the business to the Regulator (the Financial Conduct Authority), but all in vain. The FOS has therefore advised, that I can apply the County Court, nearest to the business, in order to enforce the ombudsman decision (see the attached FOS Consumer Factsheet "enforcing an ombudsman decision in court"). I therefore informed the business that I would now proceed to the County Court unless they complied with the FOS Final Decision - and thereby also saving the business the considerable court fee. However, as I did not hear from the business I sent my application by email (Enquiries.centrallondon.countycourt@justice.gov.uk) to the Central London County Court on 25 Oct. 2018, with all required documents duly completed incl. Form N322A, but less court fee (I requested the Court for information on the court fee amount and how to pay it). I received an automated reply, that I would receive a answer within 10 working days. However, 10 working days have now passed and I have not heard from the County Court, despite sending them a reminder last week. In the meantime Adam Neal, the CEO and Founder of Abshire-Smith Global, has sent me an email informing "Please note we have the option of a judicial review, which is what we are requesting". They have said this before to the FOS shortly after the FOS Final Decision, but apparently it was just a threat and I also believe they should have requested for a Judicial Review within 3-4 months of the date of the Final Decision, so it's properly another delaying tactic? I have, therefore, asked my contact person at the FOS, the Adjudicator,for information on what the Judicial Review means and how I can know if the business has actually applied for this, if the Court accepted the application, the processing time and whether I will be informed of the outcome. Apart from informing me she will inform me "shortly" I have not heard from her again in over 2 weeks, despite my reminder by email. I therefore wish to proceed to enforce my FOS Final Decision at the County Court, but how should I proceed, as they do not respond to my emails? I hope you can help me? enforcing-an-ombudsmans-decision.pdf n322a-eng.pdf
  13. Hi all first post, as I'm new to all this any help/advice would be appreciated. I received a letter on Saturday 26th May from Nolans solicitors..... Debt is under 2k.. Excerpt from letter.. NOTICE OF INTENTION TO ISSUE A SHERIFF COURT SUMMONS Our Client:- CABOT FINANCIAL UK LIMITED TAKE NOTICE that unless you make payment of this debt IMMEDIATELY application may be made to the courts to issue a SHERIFF COURT SUMMONS against you. DETAILS OF DEBT £ ****.** due in respect of TESCO PERSONAL FINANCE INFORMATION ABOUT A SHERIFF COURT CLAIM If a Claim is issued a court fee and costs will be added to the debt. interest may also be added. If Decree or Judgement is made against you this may make it difficult for you to get credit in the future, HOW TO PAY =========== Various methods of payments explained.................................................................................................................................................................................................. To communicate with Nolans via email. contact the person dealing with your account at E mail*******************. You should ensure that your name and account number ( *******) are contained within your e-mail. To protect data of a sensitive or personal nature we recommend that you use an email account in your name and to which you have exclusive protected access. ============================================================================= after reading forum I was going to send them both CCA request as NS has supplied an email can I deal with them by email and a letter to Cabot or letter both if this is the best way to proceed at this stage. TIA.
  14. Hi I'm new to all this so I apologise in advance if i've made any mistakes. I had a contract with BT back in 2015 which I wanted to finish early due to the constant slow speeds I was getting after 2 months of being with them. At one point I cancelled my direct debits in protest until they sent an engineer out to have a look at why my internet was so slow. When an engineer was promised to be sent out I called to re-instate my direct debits and was asked which date I wanted them to come out. I asked for the start of the month which was agreed but a few weeks later I had a direct debit come out in the middle of the month. I questioned this and was told they couldn't do a specific date unless I agreed to estimated billing. This was not what I had earlier agreed and they were not willing to do anything about it so for me it was the final straw. I asked if I could end the contract early due to the poor service but was told I would have to pay the remainder off which was over £300. I refused to pay this obviously and was sent various debt collect letters which I ignored stupidly thinking they would eventually give up. Now after all this time I get a letter from the small claims court as Lowell acting of behalf of BT saying they want their £300. I've sent off the acknowledgement but i'm not sure what to do from here, do I defend or do I need to counterclaim? I feel BT were in breach of contract and according to their own terms they would look at ending a contract early due to poor service but I don't feel they ever really considered it. I would really appreciate any help please. Thank you
  15. Hi guys, I am new here but I have been told I might be able to get some help. I received a judgement in default letter from the County Court Business Centre a few days ago which came as a shock. I know the importance of replying to any claim issued against me. This is in relation to a pay day loan debt from 4 years ago, which has now been bought by Motormile Finance UK Ltd. I paid some of the debt off then missed a payment, then they increased it massively and I couldn't keep up. I moved on and heard nothing for many years until I get this judgement letter from the court. When I phoned Moriarty Law, the firm representing the Claimant, they told me they issued to my former address. They realised their mistake and then sent a copy to my new address. I received this but thought it was a scare tactic as it had not come from a court, and I would assume I would receive court papers from a court! When I asked them why they didn't inform the court they became ambiguous and I didn't understand what they were talking about. I have been told to set the judgement asside which is what I will do. I am currently on ESA so apparently I do not have to pay a court fee which is a great relief. However, I need to know is it now too late to start the 3 letter process? Or should I get on to this straight away so that if the judgement is set aside I will get my chance to defend the claim? In anticipation of your help, Jake
  16. Hello I hope I can get advice. I took out a secured loan in January 2002 for 8000. I obtained the loan through dial4aloan. The loan was arranged and the lender was endeavour. It appears I also was sold ppi of 1200 added to the loan. Well I am trying to reclaim the ppi. However all organisations are blaming each other for selling it. Dial 4 a loan state they only recommended ppi. Yet the ppi policy is on endeavour paper. Aviva say they have no responsibility either. So what happens when no one will accept responsibility? Thank you
  17. Commission applies to High Court to appoint an Official Receiver to charity -Thrift Urban Housing Limited READ MORE HERE: https://www.gov.uk/government/news/commission-applies-to-high-court-to-appoint-an-official-receiver-to-charity
  18. About two weeks ago (Jan 2019) I received a letter from DrysdensFairfax solicitors acting on behalf of CapQuest for a debt of £9900.07 which I want to defend on the basis of its being and unenforceable debt. The original credit agreement was with Virgin Money and dates from 2005 The original default letter dates from 2009. The debt has increased due to 'various court charges etc charges' that aren't itemised They issued court proceedings in 2014 which I defended, and they put a stay on the case.. they have recently requested for the stay to be lifted and a court date has been set for March 2019. I have objected to this for many reasons (it seems very poor professional practice to delay a case for no reason for almost 10 years. I currently have a completely clear credit record with no loans/credit cards/defaults of any kind on it. The court date of 1st March seems very soon for me to prepare my defence. Can I ask for it to be delayed. Any advice much appreciated. Thank you
  19. Hi all, Firstly I wasn't quite sure which area to post this, so apologies if I've got the wrong place. Right, to my question. I won £6500 on an online casino last July and they are refusing to pay me. I have done all of the SAR, online mediation, contacting the CEO of the company, involving the gambling commission etc etc to no avail. The casino's stance is basically "take us to court". I'd love to as I've got a water-tight case, but the problem is that they're based in Malta with no UK service address. Questions: - Am I correct in thinking that I have to take them to court in Malta? and if yes.. - Does anybody know how to do this and if there are any solicitors who may specialise in these type of overseas disputes? - Any other general advise on how best to proceed? For info, the casino involved is Slotty Vegas and their parent company is Max Entertainment. Many thanks, Lee.
  20. Court bans mobility equipment boss for 6 years - Churchills Homecare READ MORE HERE: https://www.gov.uk/government/news/court-bans-mobility-equipment-boss-for-6-years
  21. In 2016, my daughter was involved in a low speed collision, 5 mph ish - I was in the car with her. We were reversing out of our drive, which is a corner of a T culdesac. We had two pass a couple of houses before being able to exit the T. (hope you're getting the gist). As we reversed up the road, approx 20' one of the neigbours reversed out of their drive and we struck the drivers door. The front of the neighbours car was still on the pavement this time. Both myself and my daughter were looking behind and didn't see this until it was too late. The other driver was doing a reverse left turn and had her head turned to the left. Her view of the right was blocked as there was a van parked in the same drive. As I was looking at the damage to the car, the neighbours partner came out and very very aggressive. The only witnesses were the driver. I was in the car with my daughter and my wife. It was an accident pure and simple and we agreed with the insurance to class it as a 50/50 - there was no damage to our car. We didn't want to claim anything as there wasn't anything that warranted it. Roll on 12 months later, the other driver has refused the 50/50 and is now taking us to court, with a hearing in January. We firmly believe that this is now a crash for Cash. We're hoping that any sane judge would see this as an accident and throw this out. One thing that did happen shortly after, was my daughter was diagnosed with Chron's and has ended up will an illiostomy. She had been showing signs of anxiety before the accident, but this incident didn't help. Obviously the accident hadn't helped and may have made her condition worse. Any advise would be useful.
  22. Hi I've received a 'letter before county court claim' from ParkingEye regarding an unpaid ticket and I would like your opinion and advice please. I like to think it's just scare tactics but I want to be sure. I parked on a Tesco car park, supposedly overstayed (3 hours on a 2 hour max stay. I disputed the ticket with a POPLA template I found here that at CAG that said I don't acknowledge the debt, don't have to name the driver, and that I will defend myself at POPLA if need be. This has worked the other times I've had tickets but this time I've received a new and different response. In bold, capital letters it states 'letter before county court claim' and straight away this just screams 'we're trying to scare you'. The letter notes when and where I was caught by their cameras and that the charge was for breach of contract and that when they rejected my appeal I had 28 days to lodge an appeal with POPLA and that as I didn't appeal, the ticket must be paid. To be fair, I thought I only had to appeal to POPLA when PE took me to POPLA (and I was there to defend myself - not preempt my defence by writing to POPLA myself). Next it details how to contact PE to make payment within 30 days and that if further action is required and court proceedings are issued then costs will be incurred - including £50 solicitor's costs and £25 court claim issue fee - and that no costs have been added at this stage. I think this is scare mongering because AFAIK extra costs cannot be added and that £50 wouldn't even cost solicitor costs anyway. The final paragraph is to draw my attention to the Supreme Court's decision 'concerning the value of PE's Parking Charges and the judgement granted in PE's favour, delivers a binding precedent in respect of the sum sought as the Supreme Court found that the Parking Charge was set at a reasonable amount'. On the flip side was further details about a judgement on 4th Nov 2015 in PE vs Barry Beavis, dismissing his appeal on both grounds, and that the Supreme Cour found that the Parking Charge issued was neither unfair nor penal; that the Court agreed with the analysis proffered by HHJ Moloney and the Court of Appeal that £85 was neither extravagant or unconscionable; and that this judgement is binding upon all lower courts and independent appeals services. The remaining pages of the letter includes a 7 point 'further information (see screenshot), info on where to get debt advice and how to flll in the reply form, the reply form itelf which inludes options such as 'I owe the debt', ' I owe some but all of it', 'I dispute the debt', 'I will pay now'. 'I need more documents/information', and a financial statement form. Your advice is much appreciated.
  23. I owe one of my creditors £32000, (more than half of this is their solicitors costs) after speaking with Business Debtline and preparing a budget I offered them £440 per month. They got a order for me to attend court for questioning. I went to the court with the documents requested which were statments for all bank accounts, HMRC returns etc. Their solicitor was there and asked me questions regarding my income, (although they hadn't listed their questions before hand) After court the solicitor wrote and asked me to supply my bank staments since 2017, I replied they have seen all my current financial position and ability to pay. They have written back today to say they are trying to deal with this amicably and if I dont send through what they want they will get a court order and those further costs will be added on to my debt. Can they get a court order to see that far back?
  24. Hi Guys, I had a Mr Lender loan a good while back, for only £184. I believe it was nearly statue barred. (Screenshot of noddle report attached) However, yesterday I received from ‘Moriarty Law’ (also attached) and today a County Court Claim form (this is also attached). I’m unsure how to proceed and would really apreaciate the groups advice. Many thanks.
  25. I posted a mobile phone I sold to someone using Royal Mail's {RM} Guaranteed next day delivery before 1pm service. This service also includes insurance for up to £500 for loss or damage to items using this service. The item was posted in the UK from my local Post Office in Cheshire to Northampton so classed by RM as mainland mail. The recipient collected the item from their local RM sorting office and when opened there it was found to have damage by way of a cracked screen. The recipient advised me of the damage in writing within 30 minutes of collecting the item and at my request he posted it back to me in a package in its original packaging then I refunded him the cost of the phone. I then submitted a claim for compensation (£106 to repair the screen) to RM under the terms of the insurance sold to me (up to £500 loss or damage) with the guaranteed next day delivery service. On submitting the claim I fully complied with all of RM's requests for information, proof of posting, photographs of the item both pre and post damage, eBay listing number, Paypal Transactions etc . The first reply from RM was a letter of 24/11/15 saying they were sorry to hear of my problem, but they did not confirm or deny they had damaged it. They went onto say the damage was most likely due to my negligence for not packaging the item correctly and in turn they would not be offering compensation on this basis. They also returned my item with this correspondence. I escalated the matter and asked them to review the case and told them the item had been packaged correctly using reasonable care and that the suggestion I was negligent was unhelpful and insulting. I asserted it had been damaged by RM's employees or possibly by their mechanical sorting equipment and refuted any negligence by me. Once again RM wrote back in a letter of 3/12/15 saying they had looked into the matter but felt the original decision was correct and that no compensation would be offered as I had been negligent by not packaging the item correctly. They advised if I was still not happy with this decision then I could escalate it to their "Escalated customer Resolution team". Once again I wrote to RM and explained to their Escalated Resolution Team that I required them to pay for the damage to item, pointing out I refuted that I was in any way negligent and that I had taken reasonable care in packaging the item prior to posting. I also advised them that I was very insulted/offended by their suggestion that I had been negligent. I advised them that if they did not pay for the damage I may have to consider legal action by way of the Small Claims Court. The Escalated Resolution Team responded on 8/12/15 by saying that they had reviewed the case and that after reading correspondence the original decision was correct. The individual went onto say: "I have reviewed the details of your claim and I am afraid I have concluded that it was handled correctly and the previous response appropriate. If I can clarify, to look into the outcome of your complaint I have carried out a further inspection of the packaging of the damaged item and original packaging. Having completed these investigations, I am satisfied there is no evidence of any damage to the external packaging consistent with the damage caused to the content. Having reached this regrettable conclusion, as your item could not have been damaged during its journey with Royal Mail we are not responsible for the repair or cost of your item". It is interesting to note that there was no proper review carried out by the Escalated Team as the mobile phone and packaging could not have been inspected as it was returned to me by them on 24/11/15. I am also very angry as ultimately if they are stating the damage was not done by them; there is a suggestion that the item was damage already there prior to posting which is implying I submitted a fraudulent claim. I have no reason to disbelieve that when the phone was received by the individual at RM's sorting office it was damaged as RM's tracking system shows when he collected it and the email message from him advising of the damage demonstrate he contacted me within 30 mins of collection, so allowing for time for him to travel home and write to me etc seems fair enough and as aside I have no reason to question his character. I wrote back to RM in a letter before action advising them I was very annoyed by the content of their message and giving them 14 days to pay for the damage or the matter would escalate to Small Claims Court. Once again RM wrote back saying their position was unchanged in respect of their decision. I have raised a claim via MCOL and I have asked for the £106 for repairs to the screen. I refuted I was negligent and cited RM as having acted both disingenuously in the handling of my claim and also my annoyance as the implication that I have acted in some fraudulent manner. RM's legal team have lodged a defence which in my is perhaps simply an attempt to muddy the water and over complicate the issue by arguing various immunities: 1. No contract was entered into between the parties 2. RM has immunity to a claim in tort in respect of such delivery of post 3. RM may only be liable to pay compensation if the conditions of the scheme known as the Royal Mail UK Postal Scheme (UK Post Scheme) are satisfied. 4. The claimant did not comply with RM's packaging guidelines therefore compensation is not available. 5. Even if the RM is liable under the UK Post Scheme, liability is limited under the scheme and the defendant, RM, is not liable for consequential loss. 6. Further argument of no contract existing quoting Harold & Stephen Co Lts V RM {1978} 1 AII ER 939 7. Immunity in tort: Citing Ofcom designation of RM as a "Universal Service Provider" USP* within the meaning of Sect 65(1) of the Postal Services Act 2011 and Ofcom's designation being made under Schedule 9, para 3(1) of the PSA 2011. 8. Citing RM as a Postal Operator under Sect 27(3) of the PSA 2011 and a scheme under Sect 89 of the PSA 2011. 9. As RM is a USP* & a Postal Operator there is no right to a claim of tort as sections 89 & 90 of the PSA 2000 applies. 10. Guaranteed Next Day Delivery is a scheme under the UK Post Scheme notified to Ofcom under Sect 89A of the PSA 2000. 11. Under the arrangements of the UK Post Scheme, in the absence of no arrangements under the UK Post Scheme no compensation is payable even if RM are deemed negligent. 12. They do admit compensation can be made under Sect 91 of the PSA 2000 provided all the terms of the scheme are complied with. [this makes all the waffle above seem rather irrelevant?] 13.They make further references to packaging guidelines and their service users obligations under this aspect of their T&C's. 14. The claimants packet did not meet with the requirements of the packaging guidelines therefore RM is not liable. Sorry if this all seems rather long winded, but i feel if there is advice given to me it should be done with people being made aware of the full facts to date. My simplistic view is that at 12 above there is a right to sue; the other stuff is added by their legal team in my view to dissuade claimants from progressing further. I did package the item in a bubble wrap envelope and then further wrapped the item in a protective foam sleeve. RM's guideline is simply to cover in 1cm of cushioning - something which I have done; so why they are not paying out beggars belief. *In respect of all of the other waffle, is it not fair to argue that the average person walking into a Post office to post such an item using such a premium service simply could not be expected to either research, review and understand the legal complexities of all the aforementioned either online or on hard paper at a PO counter before posting? Would these terms not be an issue under the Unfair Contracts Act? Further the Post Office accepted the item in its packaging. * Is it not the case that RM is also a retailer as I was sold insurance with this premium service? If so, are they not subject to any of the obligations Under the New Consumer Rights Act 2015? [introduced on 1/10/2015]
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