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  1. this is about a Vehicle that needs around 3,500 - 4000 Costs in Repairs or a Full refund. its been over 2 Weeks since I sent the required Extra Information to Claims Team that they asked for . Today I received this email. "I have checked with management and your file is still under review and hope to have a decision to you by next week. Should you have any further queries, please do not hesitate to Is contact us." I Received this email about 6 Days ago "I am sorry to learn of the difficulties that you are experiencing with this merchant. Section 75 of the Consumer Credit Act 1974 covers purchases made using the card costing between £100 and £30,000, where a misrepresentation or breach of contract has been proven. Please be assured that a complete review of your claim is in progress and I will update you as soon as possible. " I was told on the Phone 7 - 10 Days it has been over that. Really not happy about the amount of time they are taking. Is there anything further I should do at this stage ? Its causing a lot of issues in the House and costing us money. I am planning on going Small Claims Route if I need to. as I am pretty sure it is clear cut case It has been just over 4 weeks since Lloyds where made aware of the Issue. .
  2. Could someone please help me. I have drafted a very long defence, but would like to consider part 20 against Santander. please help defence due in 21/07/2015 4pm The is pertaining to an authorised overdraft disputed in 07/07/2008. Now Hoist have issued me with a claim
  3. READ MORE HERE: https://www.gov.uk/government/news/defence-secretary-announces-40m-cyber-security-operations-centre
  4. Name of the Claimant ? HSBC Date of issue Dec 2014 What is the claim for – the reason they have issued the claim? The Claimant's claim is for the balance outstanding under a credit card agreement dated 30/09/2002 and numbered [my cc number] regulated by the consumer credit Act 1974. The Defendant has failed to make payment by the Statutory Default Notice served by the Claimant dated 10/11/2010 AND the Claimant claims 1. £2559.39 2. Interest pursuant to Section 69 of the county court Act 1984 at a rate of 8.000% per annum from the date hereof at a daily rate of £0.56 to the date of Judgement or sooner payment. Amount claimed: 2559.00 Court fee: 105.00 Solicitor's costs: 80.00 Total amount: 2744.00 What is the value of the claim? £2,500 + costs Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? September 2002, allegedly 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. Original creditor (HSBC) Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure, it might have been assigned to Metropolitan... Have to check that though. Did you receive a Default Notice from the original creditor? I did, in 2010. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don't think I have, at least not every year. Why did you cease payments? HSBC started harassing me with letters - used to get them at least 2 times every month. Never responded to these though. What was the date of your last payment? September 2014 Was there a dispute with the original creditor that remains unresolved? Don't think so. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I've made an offer to HSBC back in 2010 to pay them a nominal amount of £1 due to being unemployed for 4 years. They've accepted that then. Brief history of the claim (answers to the questionnaire follow below): 1. In Dec/2014 I've received a claim from HSBC for my CC debt (around £2,500) 2. Responded to the claim filing an acknowledgement of service and sending CPR31.14 request to HSBC. Received acknowledgement from HSBC's solicitors, but nothing else. 3. By 17/Dec/2014 no documents provided, filed N244 form with Northampton court to strike out the claim. 4. Order granted on 31/Dec/2014, however it stated that HSBC needed to comply with that order the week before (24/Dec). 5. HSBC appealed on the grounds that the order was impossible to comply with so needs to be struck out and also provided me with a "reconstituted" version of the agreement and the default notice. 6. Case transferred to my local court for 1 hour hearing. 7. On that hearing (at the beginning of this month), the judge accepted HSBC's arguments and ordered for the original order by NCC to be struck out. He, however, also ordered HSBC to provide witness statement why they cannot supply me with copy of the documents I requested under CPR31.14 and need to provide a reconstituted version of these. In the same order, the judgement says that, provided HSBC respond to this request, I am required to file a defence by the end of this month (in 10 days’ time). HSBC responded with a witness statement and I am now required to file a defence. This is where I am at. A lot of questions, but the main issue for me is to file a defence - how can I get a defence based on "reconstituted" version of the CCA, also given that I have no recollection of ever signing such agreement (the credit card in question, as far as I remember, was given to me by HSBC when I applied with them for a current account and I was told at the time that HSBC offers such credit cards as "standard" - never asked for a credit card specifically). Another important fact to note is that the CCA, allegedly entered into, is dated in September 2002. There is also a matter of costs - I am of the understanding that if the case is allocated under the small claims track, the most costs I am going to pay if I lose the case, would be around £280, but I am hearing conflicting opinions that HSBC can ask me to pay their full costs t hat could be 1000s of pounds worth. Is that really the case? Ideally, I am on the lookout for good solicitors out there (I am willing to pay, of course) to review my papers/correspondence, advice and draft my defence, then, if it comes to that, to represent me in court. Help very much appreciated, many thanks. Questionnaire answers:
  5. On the 10.02.16 I received this : (thanks for not letting me insert a photo, guys, that's a great help, please see attach.) I fired back a defense: ---------------- Of course I simply copypasted the above defence from this forum and assumed that a CPR and a Sec.78 request were one in the same thing. Further reading of this forum informed me that they are, infact, two quite separate and distinct beasts. As I say in my defence , I submitted a CCA on the 21.01 to which they still haven't replied, choosing instead to go to court whilst i waited for them to get back to me. So I seem to have submitted an incorrect defense. What would be the best course of action for me to take? Send in a belated CPR? Not kick sleeping dogs? Write to the court and apologise profusely for my misleading statement? Any advice gratefully accepted, I am well and truly out of my depth with the 'waters' of the cloaca lapping my nostrils.
  6. As the registered keeper, a PCC was issued on July 2015 via post from ANPR controlled car park with pay and display. I sent an appeal to Parking Eye with help of the forum and was given a POPLA code. I attempted to appeal via POPLA, but this was during the period of change from London Council to Ombudsman Services. A letter was sent from POPLA stating I will be contacted to submit my evidence in due course. Despite this I received a Letter Before County Council Claim. To which I sent a reply, stating I was awaiting an opportunity to submit evidence to POPLA. I received no reply and then got my County Court Form (N1) – stating that I have not taken my opportunity to appeal. I have taken the following action: 1) Complaint to POPLA - no opportunity to submit evidence – I have evidence from POPLA I submitted by intention 2) Acknowledged the County Court Claim to extend to 28 days for defence 3) Prepared a skeleton defence 4) Sent a letter to ParkingEye (Free proof of Postage) with CPR 31.14 requesting the following: a. Contract with the landowner that demonstrates the right to enter into contracts and make claims in ParkingEye’s own name b. Data that shows the parking event c. Signage map d. Terms and conditions 5) Taken photographs of the signage at the car park My questions: 1) Can I defend by stating that due to administration errors at POPLA that I was denied the opportunity to appeal? 2) Are they required to prove as stated on the County Court Papers – ‘no valid ticket’ - as the system involves entering your reg into the machine? 3) On my defence, can I use The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Does ANPR-controlled care park, count as ‘Automated Premise?’
  7. Hello, I am trying to write a defence to this claim and I was hoping that you could help me. Name of the Claimant? IDR Finance UK II LIMITED Date of issue? 05/02/2015 What is the claim for – the reason they have issued the claim? The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced XXXXXXXX and opened effective from --/07/2003. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. The Defendant failed to make payment as required and by --/02/2014 a default was recorded. As at --/02/2014 the Defendant owed Barclaycard plc the sum of £11K. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective --/02/2014 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. And the Claimant claims- 1. 1110510 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from --/02/2014 to --/02/2015 of £808.06 And thereafter a daily rate of £2.32 to date of judgment or sooner payment. Date 04/02/2015 signed: IDR Finance UK II Limited Note: The numbers in the Particulars of Claim are the numbers they wrote. Also there is no actual signature from IDR Finance. Is that allowed? What is the value of the claim? £12323 including interest of £808 and court fees of £540. Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Barclaycard Credit Card When did you enter into the original agreement before or after 2007? According to IDR Finance, before 2007. 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? Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I was unaware that account had been assigned. I was not aware of any notice of Assignment. Did you receive a Default Notice from the original creditor? I think I did. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No. Why did you cease payments? Loss of income, injury and illness. What was the date of your last payment? June 2013 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? Yes. However, now it seems that while Barclaycard were telling me that the account was on hold and giving me time to sort out my issues and come back to them they were actively trying to sell the account on. I have a letter from Barclaycard agreeing that I have until the 6th of March 2014 to contact them so that we can review my situation and agree a way forward. Unfortunately it looks like they sold the account to IDR Finance before that date. Other information: I have acknowledged the claim and said that I am going to defend all of it. When Link Financial contacted me by phone last year, I thought that they were a debt collector for Barclaycard. We spoke on several occasions and I let them know that I was working with StepChange and gave them my reference number. Each time I spoke to Link they confirmed that there would be no interest or charges on the account however Link Financial / IDR Finance are now trying to claim statutory interest. I have been talking to IDR's solicitors at Link and they agreed an extension for the filing of a defence however I need to file something on the 7th of April. I sent IDR a CCA request in February followed by a CPR 31.14. They responded to the CCA request saying that they were going back to Barclaycard for the documents and that they needed 30 days and they didn't respond to the CPR 31.14. However after both the 30 days they requested for the CCA and the 7 days for the CPR 31.14 had expired I raised these requests with their solicitors who told me that they had put responding to these requests on hold while we were talking and that their normal procedure would be to fulfil the requests and then ask for a default judgement on the back of that. They also said that while the CCA request was outstanding they could not file for a default judgement. With the CCA request, I asked for a true copy of the original signed credit agreement an up to date statement showing all of the transactions on the account including interest and charges. With the CPR 31.14 request I asked for a copy of 1. The Agreement 2. The Assignment of the account to the Claimant 3. The Default Notice 4. The Notice of Assignment served to the Defendant. 5. A Statement of Account showing how the amount claimed has been reached. We are still talking but I think that I need to file something just in case they decide to go for a default judgement. Thanks.
  8. HI I am wondering if someone can help me word defence to a CCJ application that my husband has just received from black horse. I have 14 days to acknowledge and then 14 days to defend, but am struggling with the wording I want to defend on the basis that 1. Id like a copy of the CCA agreement 2. I want statements to check the balance 3. The loan is statue barred 4. There is PPI on the loan Can someone help please? Thank you
  9. Hi there, I'm putting together a defence for a claim for ~£1000 issued 14/12/15 and I'm a bit stuck - any help would be greatly appreciated! Unfortunately had my head in the sand but now trying to get things sorted. I've done the acknowledgement of service and have followed guidance to request details via CCA letter on the 19/12/15. I've sent the £1 statutory fee to Mortimer with the CCA letter, which they've taken and replied to (24/12/15) saying they've asked for the documentation from their client (Hillesden). The claim is being made by Hillesden Securities Limited, for a debt they have allegedly purchased from MBNA. Mortimer clarke solicitors are acting on their behalf. Since Mortimer's response on the 24th, nothing has been received by either Mortimer or Hillesden. So now that the time is approaching to file a defence, I'm attempting to cobble something together So far I have: Any guidance would be greatly appreciated!
  10. help Black horse have ccj but the debt for car h as been paid in full infact there has been an over payment the ccj was served to the wrong address . i became aware after four years black horse are saying the dept is not regulated by the consumer credit act 1974 there is no contract between black horse or bank of Scotland can some help me in writing a defense to there POC
  11. Hi, I would greatly appreciate help with a defence. Below is a summary of what has transpired: Contacted by solicitor about an old, pre 2007 debt with Ambrose Wilson. This debt is believed to be possibly not legitimate or alternatively possibly Statue Barred. However, to be 100% sure, CCA request sent and proof of delivery of letter obtained. No response to CCA request at all, not even an acknowledgement. Further request for payment / threats of court received whilst I was out of the country. Received court papers from court, again, whilst I was out of the country. Acknowledged with intention to defend. My current thinking is that the fact that the CCA request has not been complied with makes it impossible to submit a full defence, which would likely be a Statue Barred defence. Also, as I have no response to the CCA request, the alleged debt is not enforceable. Does this sound sensible? Help with defence and wording would be greatly received - I need to submit by the 16th. I've done lots of reading but this is the first time I've actually defended a claim! Thanks! Kind regards rune
  12. I owe money to several creditors to which i make regular payments to when they have confirmed they owe the debt etc etc and i know who im paying is correct, but im having problems with MBNA/Connaught/1st credit ....The steps i have taken are below and can anyone confirm the next step for me please; ----------------------------------------------------------------------------------------------------------------------------------------------------------------- 03 April 2010 - Sent CCA Request/Do not acknoweldge debt 24 May 2010 - Statutory Demand Issued 25 May 2010 - Sent 2nd request as above 28 May 2010 - Letter received confirming my request for CCA on the 25th May 2010 saying take longer than 12 days 22 June 2010 - Statutory Demand Set Aside Confirmed due to no cca provided 30 June 2010 - Sent template letter saying "Account in Dispute" 05 July 2010 - Letter received confirming my 2nd letter and that they are yet to supply information and saying not valid request as falls under Schedule 2 section 2(a) of this Act, or grounds upon i rely on the notice 20 December 2010 - Documents received from Connaught and requesting payment in 7 days. Faint copy which says “Credit card agreement regulated by consumer credit act 1974” your lender is MBNA bank. Also copies of weekly statements 26th April 2006,20th April 2006,22nd March 2006. Also what looks like internal banking statements headed " A&L CONVSN REG MONEYBAC" showing transactions 04 January 2011 - Hassling for payment as saying paperwork sent 12 January 2011 - As above but saying any payment made will be doubled by them Recent - Mackenzie Hall and J&P solicitors letters demanding payment in full ------------------------------------------------------------------------------------------------------------------------------------------------- Can i have some guidance please in the next step for me, i realise they have took longer than allowed to provide documentation but i have left it longer than 6 months to complain but i just want to set up and agree payments i can afford if they are the right people to pay. Thanks again
  13. Hi, Don't know if this is the right place to post, so apologies but we are in need of help defending against Shoosmiths. They have issued her on 16th Jul from Northampton Business Centre a Court Claim on behalf of Nationwide. The debt was a couple of years old and I luckily came on this site where you gave suggestions to others to ask Shoosmiths for a CPR 31.14 request because we have no documentation on the debt. ------------------------------ I have issued a formal request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in the Particulars of this Claim: 1. The original agreement and terms and conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2. The default notice alleged to have been served upon me, together with proof of service 3. Evidence of how the balance claimed has been arrived at 4. Notice of Assignment. None of the above have been issued to me previously by Nationwide Building Society or Shoosmiths LLP and if this claim is to move forward the above have to be addressed. I have given Nationwide Building Society and Shoosmiths LLP 7 days to comply in writing with the above documentation. ------------------------------ This defence was recieved by the Court through Money Claim on the 19/7/2015, we then recieved a letter from Shoosmiths dated 24th July. In it they state that they have no provision to attach agreements to the claim, therefore this is not a requirement for the Claimant. They then state 'By virtue of the Civil Procedure Rules Practice Direction 7C at paragraph 1.4(3C)' They state '(3C) The requirement....for documents to be attached to the particulars of Contract Claims does not apply to claims to be issued by the [County Court Bulk] Centre, unless the Particulars of Claim are served separately..." I have looked onling https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07c and cannot see this wording at all. Shoosmiths end by saying 'In relation to your comments regarding disclosure, we would suggest your request for disclosure was premature. We refer you to CPR 27.2(1)(b) They go on to say they have requested further documentation from Nationwide, which is yet to come. They say in the letter they provide an Income and Expenditure form and envelope, which there is no sign of. I replied back to Shoosmiths telling them this and they have replied again, recieved yesterday. They give an I&E form but also say that they have written to the Court saying that the claimant wishes to proceed and can they move it to our local County Court. I have tried to stop this again with a counter claim online, but cannot. Shall I send a defence letter to Northampton, do we only have till the What can we do? are Shoosmiths correct in their dismissing the documents before we go to Court? Any help or guidance would be really gratefully recieved. Thanks
  14. Hi people. I emigrated to Ozz 3 years ago in my absense Link Financial obtained a CCJ over an old disputed British Gas originally finaced by GE money. Link bought the debt from GE. The dispute was over the interest rate charged by GE money for the boiler. In essence I did no sign the credit agreement. The CCJ was issued on my old UK address. Today the court have agreed to set it aside, in a telephone hearing which is great, but have instructed me to write a defence letter to Link and also the Court, I acknowledged to the Court that I owe money for the Gas boiler. I am confused as to what to write especially as link have said that due to commercial reasons they will no longer be pursuing the debt . Will the CCJ still stand or is it dependent on my defence letter? Love some sane advice...Thnaks
  15. In brief - We went to a local independent flooring company, wishing to purchase a wood floor. The owner talked us through the various products, came to our house to look at the area it was for, measured up, checked the subfloor etc. He then recommended a product for us, ordered it and arranged for "his team" to come out and fit. He arranged the day and time they were to come out and told us that we should pay them cash on the day. In the meantime, he took moisture readings, spoke to the manufacturer and also the manufacturer of the underfloor heating we'd had put down, to check what underlay might be needed. The floor was fitted by "his team" - his brother and another man. It subsequently failed 4 times in the course of a year. The first 2 attempts to remedy the problems were made by the fitters. After it went wrong the 3rd time, it came to light that the fitters and the company owner had parted company, so the company owner/supplier came out and attempted to repair it. The same thing happened again, and he came out again. At this point, the supplier offered us a replacement stair carpet for our trouble. We said that this was not necessary, but if the floor failed again, we would be seeking a refund. When it failed again, we requested our money back. The supplier agreed, minus fitting costs. When we argued, he withdrew his offer and offered us a replacement floor instead. We expressed our concern that we had no confidence he had the neccesary skills and knowledge to fit a floor, given our experience thus far. We then took advice from the CAB and wrote a letter before action, inviting the supplier to comment on what he believed to be the issue with the floor, and offering to go to mediation. He responded, trying to lay the blame on us with various spurious claims, including that the contracting of the fitters had nothing to do with him - since the receipt he issued clearly stated "supply only." We then wrote again, offering to have an expert inspection and report done on the floor, and asking that both parties share the cost in order to confirm what had caused the problems with the floor. He refused, saying the cost was too great in relation to the value of the floor. We once again gave him the opportunity to refund us, while warning him that he may be asked to pay the cost of the report, should we take our case to the small claims court and win. In order to ascertain whether we had a case, we had the expert inspection done. It found that the fitting was to blame for the issues, including inadequate moisture and humidity readings taken by the supplier. The expert contacted the supplier to find out exactly what prep he had carried out and the supplier told him. The report also queried the suitability of the product for the conditions of our property. Once again, we wrote to the supplier with details of the report's findings and requested a refund of both the flooring, fitting and cost of the report or we would have no choice but to take our case to the small claims. The supplier has not responded. We feel we have a strong case. However, our concern is that it may be thrown out on the basis that the receipt we were issued was for supply only. In the letters from the supplier, he does state that he tried to repair the floor on 2 occasions, hut says it was purely a good will gesture. However, he also states that he did the pre-fitting site visits and prep. So, what is our legal position regarding his responsibility for the fitting of the floor?
  16. Hi , I am new to the forum , i need help regarding filing a defence against Lowell portfolio 1 LTD and BW legal is acting as a legal representative for Lowell.I received a Claim form on 08/09/2015 and have acknowledge service on 14/09/2015 through the moneyclaim.gov.uk portal. Particulars of the claim is : The claimants( Lowell Portfolio ) is for the sum of £446.09 being monies due from the Defendant to the claimant under a Home Shopping agreement regulated by the consumer Credit Act 1974 between the defendant and Shop Direct Finance company limited under account reference XXXXXXX and assigned to the claimant on 22/12/2010 notice of which has been given to the Defendant.The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claiim also includes statutatory interest pursuant to section69 of the county courts Act 1984 at a rate 8.00% per annum ( a daily rate of £0.10 from the date of assignment of the agreement to 22/12/2011 being an amount of £36.60 As i dont remember taking any goods under home shopping agreement from Very i have served a CPR31.14 request to the BW legal and Lowell through Recorded delivery of which they have acknowledge recieving the request on 15/09/2015 and have cleverly wrote me on 16/09/2015 saying "We Will seek to ensure that the information you have requested is provided as soon as possible,however this is contingent on receiving the documentation from your original creditor". The CPR31.14 request content i have wrote to both parties Lowell and BW legal is pasted below: Template removed I NEED TO FILE MY DEFENCE SOON AS POSSIBLE TO THE COUNTY COURT BUSINESS CENTRE( NORTHAMPTON) PLEASE CAN SOME ONE KINDLY HELP ME WITH THE CONTENT TO FILE A DEFENCE .
  17. I have 2 court claims i am involved in at the moment. One of them the claimant has supplied the information required and i accept i can continue no more I sent a letter to the solicitor with an income and expenditure form as i am on ESA requesting that they contact their clients to discuss a Tomlin Order. Any judgement received will be subject to a redetermination and probably pay it back at £1.00 a week I requested a Tomlin order instead of a judgement as it would be beneficial on both sides. The solicitor has just written back to me requesting i contact the court and withdraw my defence, and give proposals for the Tomlin order. I am worried that if i withdraw my defence after contacting the court judgement will be immediately made for the claimant. Taking into consideration i am on ESA, what proposals for the Tomlin order would you think is acceptable for them to agree to a repayment schedule to avolid judgement. I only have just over a week as a time line Thanks
  18. Good evening CAG team I would be grateful if you could help & advise? I received the following POC and I have taken action as follows: Issue Date 9th April 2014, from Northampton CCBU Claimant Marlin Europe II POC Monies due under current account overdraft. The Claimant claims is for the balance outstanding under a Bank account facility Lloyds xxB (“xxxB”) agreed to maintain for Defendant. It was a term of the Bank account would be repayable by full on demand. Despite demand being made, the Defendant has failed to repay the amounts due. The Debt was assigned to the claimant on 28/11/2013. The Claimant claims therefore claims 1 £4,xxx.xx 2 Interest pursuant to section 69 of the county courts Act 1984, namely 2,xxx.xx & continuing until Judgment or sooner at the rate of 0.xx Has the claimant included section 69 interest(8%)within the total claim or is it shown separate? Shown Separately Is the claim for a current or credit/loan account or mobile phone account? Bank Account When did you enter into the original agreement before or after 2007? Before 2007 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. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure Did you receive a Default Notice from the original creditor? I believe so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No Why did you cease payments: Financial hardship 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 ? Yes , I think I paid nominal amounts I acknowledged the service with defense to follow by 12th May (if my calculations are correct) 19th April Dispatched CPR31.14 Recorded Delivery to Mortimer Clarke 19th April Dispatched CAA + PO (blank) Recorded Delivery to claimant 24th April MC returns Copy of CAA sent to claimant & blank PO requesting I change the Payee to them. 24th April Acknowledgement of service. 25th April CCA & PO Returned to MC Recorded Delivery with Payee completed 6th May I received correspondence from MC, stating they are awaiting instruction from claimant regarding my requests(CCA) I guess, and they confirm 28-day extension for defence and that I should notify CC. 9th May Spoke to Northampton CC who said I still need to file defense on 12 May, and ignore 28 day letter as its ambiguous since MC did not state an extension date in their letter. I would be grateful if the CAG team could help me structure my defence, which is now imminent. I am assuming the defense is I have been frustrated by the claimant and his representative providing neither the CCA or CPR requests within the time frame before defence? Please could you provide the format I should use against the POC points Many Thanks
  19. I am new to this Forum. Thanks for the great works you all do here. This is my first post. I am helping my wife who made a claim against Lloyds Bank plc, for refund of mis-sold insurance protection products (IPP) premiums. She obtained judgement in March this year. But Lloyds applied to set it aside and filed a Defence. The amount claimed is £1,274. We have drafted the Reply to Defence, which we have to submit on 17/08/15. But the Reply, (together with the Defence) need looking at or reviewed before we submit. Please, I should be very grateful if someone or the administrators or moderators can send me your email so I can forward a copy of the documents for your review and return by Friday 14/082015. Many thanks in advance. Good-doer
  20. We have just finished (finally!) building works at out house. The price of the works exceeded £30k (we did not have a signed contract - lesson 1!). There were snags and damages that they attended to, but some were unable to be fixed, which leaves a balance of £308.00 on their invoice that I did not pay (which I explained to them) as I'm going to have to pay / have already paid for the following damages: damaged flooring (£180), decs for the replacement flooring (£100), broken window (£140), replacement of shower hose (£25), replacement of broom (£20). In addition, we now have a broken marble fireplace hearth, 2 light switches that are not working correctly, and we have to fix several issues on a desk that they reinstalled. There were also several other issues (including the boiler being put in the 'wrong' place) that I could raise a fuss over, but I'm not. The CCJ says that 'work was carried out as per Mr P's request and he has not paid us in full, i.e. non payment of our invoice'. If anything, I feel that he owes us money, but I've no interest in filing a counter claim - and I feel a bit petty causing such a stink over £300, but I do have to have things fixed, and they are going to cost more than £300 to do. What's the best way to go about this? Deny that I owe the money on the invoice due to damages? Should I be detailed in my explanation? Is there a benefit for submitting online vs registered mail? I really would appreciate any help that you can give. Kind regards, Mrs P
  21. Hi just had a doorstep visit from debt collectors moorcroft my husband answered the door and nearly let her in i asked her to leave my property which she did no problem and just said she would put me down as a refusal i was just sorting out my ccas do i now send them to moorcroft or citicards
  22. Citi-Opus-Cabot Court claim issued Acknowledged to Court and solicitors CPR 31.14 submitted to solicitor Agreed extension with solicitor Have had no further contact from Solicitor Would like help with submitting defence without any info
  23. I brought a car from honda in may 2004, it was a a ex show room car, and I was offered £1000 off the price of the car . How ever Honda finance increased their interest rate from 11.9% to 12.9% to get the cash back from the £1000 discount from the car. Also the copy of the consumer credit agreement I was given is unsigned by honda finance , so would i be correct in that its a unenforcable CCA cheekyone
  24. Hello, Just before christmas 2013 I got a parking charge notice put on my windscreen after parking in an allocated parking space for a small industrial unit that was unoccupied (To Let signs up, chained up doors). The site was approximately 15 small adjoined units built around a car park with about 50 spaces, each unit having a number of allocated spots. I believed that as the unit was not in use, nobody would even notice, let alone care if I parked there for 10 minutes. The space was not directly outside the unit and I was not blocking any access. The car park was only about half full and I saw no UKCPS signs whatsoever when I parked. After returning to my car and realising that where I had parked was the domain of a private parking company I had a look for some signs and found one approximately 8 ft (maybe higher) up on a wall of an industrial unit opposite, facing the entrance to the car park (not visible from where I had parked, and not readable or even particularly noticeable to drivers when entering the car park). A few years back a friend of mine had been issued one of these tickets, ignored it and never heard anything again, so at the time I just drove off, not unduly worried. It turns out the car park for the industrial units was owned by Co-op, although separated from the actual nearby co-op car park by a canal and a fence (no signs to show that the co-op also owned that land at all) I ignored the letters they sent (I realise now this was out of date advice), and after 3 or 4 I heard nothing more for many months until a County Court Claim Form arrived this morning for £175. Unfortunately, I did not take any photos at the time as I was not think that UKCPS would actually chase me. The site has now been bulldozed to make way for a new road. Given that my main defence seems to be inadequate signs and I have no photographic evidence of that, are there any other good avenues of defence I should use in addition? Thanks in advance, t
  25. Afternoon Guys, I've been helping a colleague with trying to sort out her debts and creditors over the last couple of years and so far things have gone well. However, 2 days ago, she received a MCOL claim form from a debt from an old bank account not used since 2003. She has said that she has made no payments nor has acknowledged this debt since then so it's statute barred. I have trying to fill in the defence online and a struggling how to word it specifying section 5 of the limitations act. She has already sent a letter, which we got from the national debt line, via signed for, to the dca but just need to word it. Can anyone assist. I've spent the afternoon trawling through CAG and 'tinternet and can't find any examples. Boris Beaver
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