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  1. I was unable to pay the mortgage for about 10 months, but then I got a new contract and was able to set up a standing order which was larger than the statutory amount. I decided to pay this larger amount in order to gradually reduce the size of the shortfall in a way that I could sensibly afford. Prior to my first default I was actually overpaying over a number of years, so that my 10 months gap was actually only 4.6 months on the balance sheet (this is acknowledged by the lender). I have already given Mortgages 2 my assurance, several times, that I will be able to overpay them every month over the full term of the mortgage. Despite this they have started legal proceedings to repossess my home. The really odd thing is that they started their proceedings against me after I had set up my standing order to pay them more than I needed to! They have now had 3 uninterrupted monthly payments and still have not stopped proceedings. They are using Moore Blatch and the court case is in early July. Mortgages 2 are no longer in the mortgage lending business, and are obviously keen to recover all of those pesky mortgages and get their hands on the money for whatever new venture they have up their corporate sleeves. My defence is based on exactly what I have told you here. But what can happen? Will a judge really allow me to be made homeless when I'm regularly paying a larger sum than I need to? This is crazy! Does anyone have any views on this?
  2. I am currently in dispute with a builder over a patio - there have been several attempts to remedy the situation over the past 12 months the patio has been re-laid but there are still significant issues. Last time the builder was on site I unfortunately swore about the situation not directed at the builder. The builder became very aggressive and intimidating - shouting and swearing at me. I asked him to leave the house and he continued. Fortunately, at this point my wife came home with my daughters and she could hear the builder shouting from outside the house. I managed to get the builder into the front garden where he continued to shout and swear at me in front of my wife and 5 and 3 year old daughters. My wife asked him to stop multiple times. We got the children in the house and then he eventually left after a final tirade. In the evening the contractor sent a text to my wife rather than me acknowledging his behaviour had been inappropriate. He is offering to carry out further remedial work but we are obviously reluctant to have him back on site after this situation - he is a big guy. Where do we stand legally if we don't feel comfortable having him back on site?
  3. Hi everyone, I filed a defence claim against the court case Parking Eye are going after me for. I was sent an acknowledgement letter from the court. Now I have received a Directions questionnaire that has come hand written already filled in by Parking Eye. The 28 days are up on 6th August. They don't appear to have ticked any box for mediation etc.. They have completed the rest of the form. I don't know what I'm supposed to do from here now ? I haven't received one of these forms for me to fill in? Why have parking eye sent it to me and not the court ? Any advice is appreciated.
  4. Hello, my first post so please bear with me. I owe a debt to Aqua Credit Card. Due to mental health and physical disabilities I got in to trouble and didn't pay it. It was sold on to Lowell Portfolio who have now taken me to court at Northampton. After reading advice I sent a CCA request and a CPPR 31.14. Along with an acknowledgment to defend on 21/05/18. On 18/06/18 I received a letter telling me that this was going to the small claims track. With that I received a questionnaire about mediation. I have been away 2 weeks, while attending a family funeral and received letters to mediate. As I had not responded, I now have a letter Notice Of transfer of Proceedings. I really do not know what to do now, or what this means. I suffer severe depression and fibromyalgia, the worry is now making my conditions worse. Please can someone advise me what I need to do now. Thank you
  5. Hi all, new to CAG but hoping you can help! My husband has received a claim for for a PCN over a year ago which I feel is unfair and would strongly like to contest on the basis that none of the parking machines were working on the night he parked there. I have just completed the Acknowledgement of Service online amd intend to request info under CPR 31:14 but I would really appreciate any help you can offer, particularly with respect to what I should specifically request. Thanks in advance!
  6. helping a friend out she's being taken to court about a old cfo loan now mmf now lantern we filed to say we fighting it and asked for all the info you need like credit agreement etc . No response off them defence needs to be in asap. But not sure on this what we need to put any help be great thanks . P.s no payment ever been made it's around 4yrs old and also when first took loan out they just increased and increased without a payment in return she also lied about working but never checked.
  7. Hi all, I have untill 24th July to send my defence to county court and serve copies to Gladstones, on entrance to car park there is a sign which states £1 per hour parking, it shows on my pay n display ticket that i paid £5 ( I still have original ticket),which i thought would give me 5 hours parking as needed just over 4 hours to and fro from car park, there are no other signs around car park except next to ticket machine, which shows £1 for 1 hour parking ,£2 for 2 hours parking, £3 for 3 hours parking and £4 for 4 hours parking, then jumps to £6 to park all day, but I didn't need all day parking as I said, just over 4 hours I paid £5,the ticket machine took my £5 but only allocated me 4 hours of parking, no money returned to me either, I didn't realise at that time that machine had only given me 4 hours parking, I returned to car prk to find a pcn had been put on my window for 11 minute overstay of 4 hours, the pcn says it is for breaching the terms of the contract, if I had returned by the 4 hours and paid another £1 it still would of been to the value of £5, to which I had already paid at time of parking any help would be gratefully accepted
  8. https://www.consumeractiongroup.co.uk/forum/showthread.php?472472-Please-help.-work-mileage-tax-rebate-Missold-a-service&p=4977504#post4977504 can i ask whats happened with you and this company as they have done me over too and are threatening court
  9. Hi Oddfellow Bit of a long stretch but we are facing exactly the same situation you have described in this forum. I am super happy to hear that it was settled and I would love to hear any advice you would be able to provide me in order to navigate through this too. Just received a letter from the third party insurance threatening court case action and despite having the legal protection insurance, I fear the worst. Could you kindly let me know if it would be possible to talk about your situation please? Many thanks Gemma
  10. Hi All - For those of you who have not read my issue, here is a history on another thread: https://www.consumeractiongroup.co.uk/forum/showthread.php?485667-Got-CCJ-due-to-council-and-bank-blunder!!-what-compo-should-i-ask-for&p=5116746#post5116746 In a nutshell: - own a rental property in another London borough to where I live - council initiated CCJ proceedings for non payment of Service Charges (payments were being made but without a reference, so monies could not be allocated to SC account) - council's solicitors were sending court paperwork to rental property, and not correspondence, despite council providing correspondence address - CCJ issued - Council solicitors have taken the responsibility to remove CCJ at no cost to me - in their draft order to remove CCJ, the solicitors were giving false info in their statement of truth section. AND still continued to send paperwork to rental property, despite having correct correspondence address. There have been invaluable help on this forum, so any help with this would be greatly appreciated. BF I know you mentioned suing them for negligence - could this be something we look at whilst waiting for SAR's from bank and council? Many thanks in advance, Jay
  11. Hi I moved to the Uk from Ireland in 2010, when I arrived I owed around 4000 euro on a credit card with Visa. After failure to pay they passed the debt to a solicitor for debt collection based in Dublin At first I was paying 50 Euro a month. I then got myself into some trouble over here without a job and stopped paying as I couldn’t afford it. 2 years passed and I have since moved house and have been working hard to pay off my debts but I hadn’t heard a thing from them. I recently visited the previous address and found a letter was sent last month saying that there were starting legal proceedings. Question I have is will they be able to send bailiffs to my friends house or my house and what are the chances they will pursue me through the English courts if I ignore it?
  12. Hi there, I received a county court claim form with the date of service 19th june with no particulars of claim attached. I filed my AoS and i have been waiting for the PoC but they still haven't been filed . My defence date is tomorrow (17/07/18) so im really at a bind as what is required of me. I'm thinking i have to send in a defence but i'm not sure what to write the defence against as im sure its defending the points set out in the PoC. Its briefly outlined in the "Brief details of claim" on the front of the form but besides that...nothing. Should i write my defence up to defend against the brief details of claim? Really appreciate any help you can give me! Thank you
  13. Name of the Claimant ? JC International Acquisition LLC Date of issue 20/09/2017 The particulars of claim state: 1,the claimants claim is for the balance due under an agreement with talk talk limited dated 26/02/2013 which was assigned to the claimant on 31/03/2015 and notice of which was given to the defendant on the 31/03/2015 and which is now all due and payable. 2. the defendant agreed to pay monthly instalments under account number ....but has failed to do so. and the claimant claims the sum of £194.33. 3. the claimant also claims interest thereon pursuant to s.69 county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £15.54 Total amount including fee's is £284.87 I have never agreed to make monthly instalments as I am 99% sure I have never spoken to them regarding this debt and I have definately never responded to any letters. What is the value of the claim? £284.87 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Talk Talk Internet When did you enter into the original agreement before or after 2007? After but not sure when 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. JC International Acquisition/Moriarty/Talk Talk? Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I can remember Did you receive a Default Notice from the original creditor? I dont think so, but can not be 100% sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure Why did you cease payments? Dreadful service, broken promises and extremely rude customer services What was the date of your last payment? 2013 i guess 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 I remember telling them that I wanted to finish because I was unhappy with the dreadful service and if it wasnt rectified I would swap to sky who I have been with and am still with to this day So any advice gratefully received on how to deal with this matter The issue date of the claim was 20/09/2017 and I received it on unknown (as i have issues dealing with paperwork and opening mail) but soon after the issue date I am sure. I am sorry but only realised this evening I need to have my defence in by tomorrow at 4pm...... .. I was sure I had 28days after acknowledging service ( Your acknowledgment of service was received on 09/10/2017 at 08:02:21) but now realise after a panic that it is only 14days Thank you in advance for any advice you have, I am looking now for opther threads to see what I can put as a defence. Sorry Hi I recently received a claim form from the County Court Business Centre in Northampton, by Moriarty Law on behalf of JC International Acquisition for a Talk Talk debt. I have seen a similar problems on here to mine but I am not 100% sure what to do next! Is this the kinda defence I want to be submitting, obviously editing point number 2. I now know that immediately after acknowledging service I SHOULD or done a thing called CPR 31.14 to the solicitors............... so how should I go about approaching this now? 1. The Defendant contends that the particulars of claim are vague and generic in nature.The claimant's’ particulars of claims disclose no legal cause of action as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16.2 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.The claim is denied. I am unaware of what debt the claimant refers to.I have requested information pertaining to the claimants claim by way of a CPR 31.14 request sent on 06.10.2017 and wich the claimant received it on the 09.10.2017 The claimant has failed to respond. 3.The claim is denied the Claimant has not served a Notice of Assignment pursuant to the law of property act 1925 and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) Show and evidence the nature of any breach;and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4.Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 5. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. On the alternative, as 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 crediticon Act 1974. 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Should I send this CPR request off to Moriarty today by Special delivery? CPR Template removed If I dont get a response (which is understable because I have left the matter so late), I will go ahead and just file this as my defense (Send the above CPR 31.14 off tomorrow) and hope for the very best 1. The Defendant contends that the particulars of claim are vague and generic in nature.The claimant's’ particulars of claims disclose no legal cause of action as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16.2 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.The claim is denied. I am unaware of what debt the claimant refers to. I have requested information pertaining to the claimants claim by way of a CPR 31.14 request sent. 3.The claim is denied the Claimant has not served a Notice of Assignment pursuant to the law of property act 1925 and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) Show and evidence the nature of any breach;and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4.Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 5. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. On the alternative, as 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 crediticon Act 1974. 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  14. Hi Everyone!! Please see below brief details of the case to date. In August 2017 my aunt and I had gone to visit a family friend who lived in a private apartment complex. She was the driver and is registered keeper of the vehicle. It was late at night (i.e. 10pm) and the family friend assured us that it would be fine to park our car in the private car park for the flats. When we returned to the car we noticed a parking charge notice stuck to the screen. My aunt was really disappointed as we could have easily parked on the street for free. I had once previously written to a private parking company on a 'without prejudice' basis and had offered to settle the PCN for £10. As it had worked before I thought it would work again. So I told my aunt that I'll write to them and offer to settle the PCN on her behalf. I did so but the parking company did not accept the offer and wrote back to me stating that my appeal was unsuccessful. So then I let it be. I then received a notice from them in September 2017 which I ignored. After which I received a Letter Before Claim from Gladstones Solicitors in November 2017. I responded to the LBC stating that the alleged debt is disputed and any court proceedings will be vigorously defended. I also brought to their notice that their LBC was defective and did not comply with Para 3 of the Pre-Action Protocol for Debt Claims under the Civil Procedure Rules 1998. I asked them to send me a compliant LBC. I did not receive a reply to my letter so in December 2017 - I decided to respond to their LBC online by stating that I disputed the debt as I did not want to be out of time of the 30 day reply period. I did not receive any further correspondence from Gladstones. I then received a County Court Claim Form in March 2018. I acknowledged service and then filed a defence within the time period. I then received a Notice of Proposed Allocation to the Small Claims Track at the beginning of April 2018. I then filed form N180 DQ within the time limit. I then received a Notice of Transfer of Proceedings at the end of April 2018. Finally, I received a Notice of Allocation to the Small Claims Track (Hearings) in May 2018. No date for the hearing was fixed or specified in the document. However, it did state that - "each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing within 21 days of the service of this order". As I was flying abroad the next day I was not able to send any documents to the court or the claimant. I have only returned back to the UK yesterday. I have received a witness statement from the Claimant along with Exhibits. I still have not received any further correspondence from the court regarding the date of the hearing. MY QUESTIONS: 1) Am I out of time to file a Witness Statement and other evidence? or will I have time until 14 days before the hearing date when it's fixed? 2) It appears that the Claimant is also out of time in filing their Witness Statment - the date of the letter from the court was 23 May 2018 and the letter enclosing the claimant's witness statements which I received is dated 20 June 2018. If we add 2 business days for deemed service and then add 21 days then the date by which the Claimant should have served their WS should have been 18th June 2018 Is that correct? 3) What should be my plan of action going forward? Should I serve my WS and documents regardless as the date of hearing as not yet been fixed? If so, can someone help me with drafting one? My main argument is that I was neither the driver or the registered keeper of the vehicle so that claim is against the wrong defendant. I have attached all the relevant documents and correspondence for reference. I would greatly appreciate if someone can advise me on what I should do in the current circumstances. Thanks in advance. Further documents... Further Exhibits attached to the Claimant's WS... Please see below the Defence that I had submitted: 1. The Defendant denies any liability whatsoever to the Claimant. 2. The Defendant denies being the driver and/or registered keeper of the vehicle at the time of the incident. The Defendant is not therefore liable for the claim and invites the court to give summary judgment pursuant to CPR Rule 24.2 against the Claimant as having no real prospect of success and there being no other compelling reason why the case should be disposed of at trial. 3. Notwithstanding paragraph 2 above, if the Claimant is intending to pursue this claim against the Defendant on the basis that the Defendant is the registered keeper then the Claimant has failed to show that the conditions for recovering this charge under Schedule 4 of the Protection of Freedoms Act 2012 have been met. The Defendant disputes that any of the conditions necessary for a claim to be pursued against the keeper of the vehicle have been met. 4.a) Notwithstanding paragraph 3 above, no evidence has been provided to show a valid Notice to Driver was given to the driver in accordance with Paragraph 7, Schedule 4 of the Protection of Freedoms Act 2012. 5. It is believed that the Claimant has no standing to bring this claim. The Claimant has failed to establish their legal right to bring a claim either as the landholder or the agent of the landholder. Strict proof is required that there is a chain of contracts leading from the landowner to the Claimant. Thus, the Defendant disputes that the Claimant has the authority to issue parking charges on the land in their own name and that they have any locus standi to bring this case. 6. If the driver on the date of the event was considered to be a trespasser, and not allowed to park on the land, then only the landowner can pursue a case under the tort of trespass, not the Claimant, and as the Supreme Court in the ParkingEye Ltd v Beavis [2015] UKSC 67 has stated, such a matter would be limited to the landowner themselves claiming for a nominal sum. 7. The Claimant might argue that the Supreme Court’s decision in Parking Eye v. Beavis is applicable. The Defendant will argue that the present case meets none of the conditions that the Supreme Court stated were required for a parking notice to be exempt from the well-established principle that penalty charges cannot be recovered. The main difference is that the Supreme Court determined that, in a retail park, there was a public interest in ensuring a turnover of visitors that justified a disincentive to overstay. there is clearly no such interest in a third party such as the Claimant in this case in attempting to impose conditions in a residential car park where there is no turnover of visitors and the vehicle was not parked in pay-and-display car parking. 8. The Defendant also disputes that the Claimant has incurred £50 solicitor cost and interest. The Particulars of Claim are spectacularly deficient and woefully inadequate to show a cause of action. 9. The Claimant has not complied with CPR Rule 16.4. The Particulars of Claim contains no details and fails to establish a cause of action which would enable the Defendant to prepare a specific defence. It just states “parking charges” which does not give any indication of on what basis the claim is brought. There is no information regarding why the charge arose, what the original charge was, what the alleged contract was nor anything which could be considered a fair exchange of information. The Defendant therefore asks that the court strike out the Particulars of Claim pursuant to CPR Rule 3.4(2)(a). 10. Finally the Claimant's Letter Before Claim dated 13th November 2017 did not fully comply with the Pre-Action Protocol for Debt Claims. The Defendant responded to the Letter Before Claim on 08 December 2017. However, the Claimant did not give the Defendant at least 14 days' notice of their intention to start court proceedings pursuant to paragraph 8.2 of the said Pre-Action Protocol and issued proceedings without notice. jpg2pdf.pdf
  15. Hi, I am being taken to court by IND/Welcome they issued a Claimform I have replied stating that as far as I was concerned the loan was repaid! Here is my defence, and I'd like your opinion; * In 2010 I recieved a cheque from welcome for about £3,000 for mis-selling of PPI, if the loan still had an outstanding amount, why did they not use this toward the repayment of the loan, as my other Credit cards had? * At the time, and months afterwards my credit file showed all the loans I had with welcome were "Settled". * I recieved sometime afterwards (about a year) a letter saying that I owed £5,900 (approx), i wrote back requesting a wriiten copy of the Credit Agreement, which they never replied to, however I do not have proof of posting! They are disputing this and say I owe the money (I did have this loan with them), and have now added another £1,700 to the loan and more charges, making my loan owing to over £8,000!!! they have written to the Court asking this to be heard, and I think they are going to really fight this, whats your opinion, and what can I do! I don't want another CCJ, as I have just cleared my final one, i am also not in a position to pay this. I did think this loan was cleared as after receiving the payout, i heared nothing for a couple of years.
  16. Hello, Mods please move or delete this thread if in the wrong section? I took a company to court over 8 years ago, I won, but the company went into liquidation before paying. I understand that the fscs offer some for of help in these situations? But they do require a lot of paperwork , which I no longer have. Is there anyway I can request copies of paperwork from the court hearing? Does anyone know how I would go about it. Thanks
  17. I had a limited company which was disolved in March 2018. This morning, i received a court claim from a firm of solicitors acting on behalf of a debtor claiming £400. The claim is in the format: My Name Disolved Company name my address (not listed on any companuy form as ive moved) Can a debtor issue a court claim against a disolved company? this is all new to me. Im gonna be honest here and just say the company just "fell off the shelf" and i didnt do anything with it so CH disolved it. Thanks UKD
  18. Santander have rejected my PPI claim (store card) from 17 years ago on the grounds they believe it was sold in a proper manner (over the phone - which it wasnt - as I signed-up in-store with an agreement the assistant ticked for PPI) and was offered as optional and appropriate for me etc etc - which I absolutely disagree with. I have issued a SAR - but already do have copies of Agreement and statements etc. Unsure of whats best as next move - do I escalate issue with FOS (that I'm not hearing good reports about!) or small claims action? The amount of money involved is probably fairly small (circa £200 in PPI premiums?) Any thoughts appreciated!
  19. All, I would really appreciate some advice please as I am worried sick. The following is a rough timeline. I would appreciate any thoughts and advice. Thanks in advance. • Offence (a) I received a ticket for 25/12/2017 Speeding Westbound 58 mph in a 50 zone • Offence (b) I received a ticket for 25/12/2017 Speeding Eastbound 56mph in a 50 Zone • I declared that I was the driver for both offences and both forms in the same envelope • I then received a fixed penalty notice for offence (a) • I received a fixed penalty notice for offence( b) • I accepted the 100 pound and 3 points for each offence and sent the paperwork back. • I paid 2 x £100 as directed. • I later received a letter to say that I had not sent my Licence. I had indeed forgotten to include my license. • I sent my license and it was returned to me after a few days (I assumed 6 points had been added) • I received no further correspondence from the fixed penalty office • On 30/05/2018 I received a single justice Procedure notice for offence (a) saying that I failed to accept an offer. • At this stage, I checked my driving license and only 3 points were added. It appears that only offence (B) was processed I spoke with the fixed penalty office. They admitted that there had been an error but he explained that he was unable to do anything as it had been referred to the court. He told me to explain to them that I had followed the process at all stages. • I pleaded guilty to the court via the form but explained that I already paid the fine and explained the circumstances • Shortly after I received a refund of a £100 I then received a summons on referral to court as the case was inappropriate for single justice procedure. • I am unsure why it was decided that it is inappropriate for single justice procedure. This has not been explained?
  20. Hi everyone I have just joined the CAG as I was told this site has helped many people in trouble am I am in trouble with Lowells for an old telecom debt, they have taken it to Northampton county court and a judgement has been passed without me knowing, want a payment of £50 commencing next what can I do about this I feel it may be too late???? Please can someone hlp me. Regards Iceblock
  21. Hi Just received my credit file and after getting into a bad financial situation I have a total of 19 defaults on my credit file!, 11 are due to drop of this year and 3 next year the rest are around 2022, for the latter do you think my credit file will improve If I pay them of so they are marked as satisfied? or should I just wait, none of them are chasing me for payment at the minute Just edited to add one is for a mobile phone debt that I was paying for 2 years at £35 per month, it says I owe £550.00 now
  22. Can someone please advise which is the best course of action now. Back in February 2018 I had a missed connection flight with Eurowings which is part of the Lufthansa Group. The plane was delayed leaving one airport and once arrive in the connecting airport the flight had already took off. Thus missing my connection flight. I paid for another carrier to get me home which they eventually refunded. My gripe with Eurowings is the EU denied boarding regulations and at the time the only advice I was given was to accept the next flight which was 12 hours away. I have appealed to Eurowings which they have bluntly refused to pay compensation. I then took it to there ADR resolution service and they ruled in my favour. But the airline still refuses to cough up. Do I take the airline to a small claims court in the UK as Lufthansa which Eurowings is part of has an address at Heathrow Airport or do I need to go through the EU courts as there Head Office is in Colone, Germany. I am raging with Eurowings knowing they are bluntly not following the EU regulations. The Ombudsman SOEP has ruled in my favour but they are still not playing ball. I have given them 7 days now before I take action but would it be better through UK courts or do I have to do it via EU small claims? I have attached the outcome to this claim from the Ombudsman SOEP and I would like advise on what to do NOW. Fingers crossed all deleted can someone please help! The ADR scheme SOP ruled in my favour but EUROWINGS refuses to pay up. Do I need now to take to court? I know is only 90 quid but is besides the point. As its a German carrier they have a group address at Heathrow Airport. So can I take through UK courts or need to do an EU claim to their head offices Schlichtungsempfehlung Fall F 66956-18.pdf
  23. Hey. just received the court documents that shoosmiths are taking me to court for non payment on a 4k credit card debt. i know i owe this but just asking if there is anything i can do to try and stop the court action or even better get the action stopped. i was following a post about asking them for all different documents but the post has been deleted. any help would be great many thanks
  24. Good afternoon, or is it? I returned home this afternoon to find a card small card posted through my door, from county court bailiff. I was very surprised, really, and contacted the number straight away. The bailiff answered the phone, seemed pleasant enough, and explained that the visit was in relation to a debt with Cabot finance, outstanding CCJ. He said he couldn't return today, due to having to be at a eviction! He also complained about being the only county court bailiff in the area. He said he might be able to return tomorrow, and he has some paper work for me to fill out? I have dealt with other bailiffs before over council tax, and have always found them to be very polite and reasonable and I've always been able to set up a payment plan, but I've only ever owed a few hundred pound before, this is a massive sum, and I can't afford to pay this back all at once. Anyone know what will happen when he returns tomorrow? Will he allow me to set up a payment plan? I'm so annoyed with myself, as I've literally just got myself all up to date with all my debt, a considerably small sum, but a lot to me.
  25. Didn't know whether to post here or in a benefits subforum. I recently received a letter from Jacobs chasing me for an alleged housing benefit overpayment of just under £2000 from over 7 years ago. I have responded in writing by disputing the debt and stating that as it is statute barred it is now unenforceable although I understand it may be recovered by the local authority through an attachment of earnings order (I am self-employed though) or deductions from future benefit payments. I had no prior knowledge of the alleged debt, have never acknowledged it, and no court information pertaining to it has ever appeared on my credit report. Jacobs have responded by giving me 7 days to pay in full (expiring 12 noon tomorrow) or they say they are going to take me to court. They have provided no breakdown of the amount they claim I owe, or any proof that I owe it. What's my next step?
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