Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

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Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #101
    Basic Account Holder jack21 Novitiate



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    Default Re: Lowells/? Claimforn - old Capital One

    They did supply the other documents in that order, it was the default notice that was missing.

    They supplied the default templateicon with their witness statement.


  2. #102
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    Default Re: Lowells/? Claimforn - old Capital One

    Okay so they did send the agreement and notice of assignment by the date ordered ?

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  3. #103
    Basic Account Holder jack21 Novitiate



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    Default Re: Lowells/? Claimforn - old Capital One

    For the order dated 14th November those documents should of been sent by the 21st November. They did not send anything by that date.

    They sent the agreement and notice of assignment from Lowell, but not from Capital Oneicon. No default notice and they were attached to a letter from them dated 28th November, which I received on December 2nd.

    So they didn't comply with that order at all.

    PDFicon Views: 2 Size: 10.20 MB">court-order.PDFicon


  4. #104
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    Default Re: Lowells/? Claimforn - old Capital One

    from Lowell, but not from Capital Oneicon

    Que ? This is nothing to do with Capital One now...Lowell are the creditor/claimant .

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  5. #105
    Basic Account Holder jack21 Novitiate



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    Default Re: Lowells/? Claimforn - old Capital One

    Yes that is correct, nothing to with Capital Oneicon.

    But you should get a notice of assignment from the original creditor to confirm transfer of the debt?


  6. #106
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    Default Re: Lowells/? Claimforn - old Capital One

    Quote Originally Posted by jack21 View Post
    Yes that is correct, nothing to with Capital Oneicon.

    But you should get a notice of assignment from the original creditor to confirm transfer of the debt?
    No ...as long as it comes from one or the other..they have fulfilled their legal obligation.

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  7. #107
    Basic Account Holder jack21 Novitiate



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    Default Re: Lowells/? Claimforn - old Capital One

    Quote Originally Posted by Andyorch View Post
    No ...as long as it comes from one or the other..they have fulfilled their legal obligation.
    OK, but is this not irrelevant due to the fact they have not supplied the default notice, so there is no way they have proved that it was sent or existed and therefore cannot begin litigation?

    Also they have not complied with the order by the court in the first instance, and still haven't because there is no default notice.


  8. #108
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    Default Re: Lowells/? Claimforn - old Capital One

    Its all relevant if they failed to do any of it by the date stated in the order....

    But all this comes after the set a side once and if you get back on track...not reasons to request a set a side.

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  9. #109
    Basic Account Holder jack21 Novitiate



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    Default Re: Lowells/? Claimforn - old Capital One

    OK thanks for all your help Andy.

    So I just need to submit the previous letter that I sent the other day with the evidence to support it in the N244icon form.

    This may just be a case of seeing what happens with the set aside application, then just paying the judgement order if that cannot be heard in time for the payment deadline or if the judge rules against it.

    It would leave me in a bad situation financially, but is better than spending the next six years dwelling on this and not being able to move forward because of it.

    I would just like a definitive answer on when the judgement needs to be paid, as I cannot afford to have this registered. It seems, due to the circumstances, nobody has a definite answer.


  10. #110
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    Default Re: Lowells/? Claimforn - old Capital One

    Quote Originally Posted by Andyorch View Post
    N244 application noticeicon Link

    http://hmctsformfinder.justice.gov.u...t_forms_id=484

    3. That the judgment dated xxxxx and served by the court received xxxxxx be set a side pursuant to CPR 13.14 and CPR 3.6 PD 4 rule 3.9 (relief from sanctions) shall apply.

    4. Yes

    5. Without Hearing

    6. Leave Blank

    7. Leave Blank

    8. District Judge

    9.The Claimants/Solicitor
    9a Give Address for documents served.

    10. Tick Evidence set out in box below (attach your letter if required)

    I will draft a small synopsis of the courts appalling incompetent service to go in 10



    Note It may require a hearing but initially we ask without (fee 100) as its a court error and reality no need for Claimant to be involved.


    Draft Order to follow later to attach to N244.
    Bringing the application noticeicon forward

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  11. #111
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    Default Re: Lowells/? Claimforn - old Capital One

    Draft Order to attach to the N244icon.......


    #### START OF ORDER ####

    In the ......... county courticon
    Claim No. ...

    Before

    District Judge ………


    Dated ……… 20…


    Claimant A

    and

    Defendant B



    Draft/ORDER

    UPON receiving the Courts Notice of Judgment dated xxth January 2017 received xxx May 2017


    IT IS ORDERED THAT:

    1. The Judgment be set a side pursuant to CPR 13.4 & CPR 3.6 PD 4 rule 3.9
    2. Notice of Allocation N157 to be extended to allow the Defendant to submit it evidence
    3. A new Trial date to be listed.
    4. In the event that this set a side be denied the court extend the time of the existing judgment payment date

    #### END OF ORDER ####


    And In box 10 of the N244icon.......

    The Court failed to serve the Notice of Allocation (N157) dated 13th January 2017 on the defendant
    On the 10th of March 2017 the Defendant contacted the court by telephone to enquire as to whether the fee had been paid and to ask if a hearing date had been set by the court as no notice of hearing date had been received.
    The officer of the court instructed the defendant that no hearing date had been set and that they would be receiving such a notice in due course and would be given, at least, a few weeks notice prior to the date of the hearing.
    The court staff deny this ever happened they have no record of me telephoning the court on the 10th of March. Please see attached evidence of phone statement.

    It is therefore respectably requested that the judgment be set a side and that I be allowed to submit my evidence and given a fair trial to present my case.I feel that this error and the lack of communication and delay in paperwork being posted from Preston County Court including The Notice of Judgment which was 30 days late from when the judgment was made has unfairly disadvantaged myself in defending this claim.

    End


    Get this to the Court tomorrow hand delivered and get a receipt that you submitted it on the 19th May 2017

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  12. #112
    Basic Account Holder jack21 Novitiate



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    Default Re: Lowells/? Claimforn - old Capital One

    Thanks for this Andy really appreciate your help.

    The court told me I could email the form in as long as I provided a telephone number for the fee to be paid over the phone.

    Do you think that would be better as I will get an electronic receipt from the court and I can only get to the court later this afternoon due to work?

    Just one thing I think might be worth adding in the above, just to outline why I rang the court on the 10th March.

    In between these two sentences.

    The Court failed to serve the Notice of Allocation (N157) dated 13th January 2017 on the defendant
    On the 10th of March 2017 the Defendant contacted the court by telephone to enquire as to whether the fee had been paid and to ask if a hearing date had been set by the court as no notice of hearing date had been received.

    ***To be added - The Defendant received an order from the court dated 28th February 2017 stating that the Claimant is required to pay a hearing fee of 115.00 by 4pm on 9th March 2017, or the claim would be struck out and the small claimicon hearing on the 13th April 2017 vacated.


  13. #113
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    Default Re: Lowells/? Claimforn - old Capital One

    Quote Originally Posted by jack21 View Post
    Thanks for this Andy really appreciate your help.

    The court told me I could email the form in as long as I provided a telephone number for the fee to be paid over the phone.

    Do you think that would be better as I will get an electronic receipt from the court and I can only get to the court later this afternoon due to work? Whatever along as you get a receipt or acknowledgement they have it..you will have to add all the attachments...your letter the draft order...the screen shot phone statement

    Just one thing I think might be worth adding in the above, just to outline why I rang the court on the 10th March.

    In between these two sentences.

    The Court failed to serve the Notice of Allocation (N157) dated 13th January 2017 on the defendant
    On the 10th of March 2017 the Defendant contacted the court by telephone to enquire as to whether the fee had been paid and to ask if a hearing date had been set by the court as no notice of hearing date had been received.

    ***To be added - The Defendant received an order from the court dated 28th February 2017 stating that the Claimant is required to pay a hearing fee of 115.00 by 4pm on 9th March 2017, or the claim would be struck out and the small claimicon hearing on the 13th April 2017 vacated.
    No because that is not a reason to make application to set a side..the set a side is aimed at the court errors not the claimants

    Andy

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  14. #114
    Basic Account Holder jack21 Novitiate



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    Default Re: Lowells/? Claimforn - old Capital One

    OK

    Do you not think it would be wise to attach a witness statement as well?

    Just to make it clear how I intend to defend the claim?

    I have read in quite a few places that if the judge does not know that I have a good reason for defence, they will not grant the set aside as it will be a waste of time because the judgement will just be made again anyway.

    Thanks


  15. #115
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    Default Re: Lowells/? Claimforn - old Capital One

    They already know how you intend to defend the claim..they have your defence...you simply want it set a side because of the courts error and put it back to Notice of Allocation stage.

    What you are reading is where the claim progressed to the end and they lost...you didn't.

    Jack anything that was required I have already advised...if it needed extra sentences and witness statements...I would of advised it.


    Andy

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  16. #116
    Basic Account Holder jack21 Novitiate



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    Default Re: Lowells/? Claimforn - old Capital One

    My apologies Andy, I know you are right. I was just thinking out loud.

    I have submitted the forms to the court this afternoon but it was after the 4pm deadline so they will only be judged as being served on Monday.

    Was working till 4pm so I couldn't do it any earlier.

    We will see what happens on Monday/Tuesday.

    Have a good weekend.


  17. #117
    Basic Account Holder jack21 Novitiate



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    Default Re: Lowells/? Claimforn - old Capital One

    Andy

    Can I just add that I will be donating to the site and would also like to give you something personally for all your help and hard work, regardless of the outcome.

    It may not be straight away, just depends on the whether I will have to pay the 1500 judgement or not, as it leaves me with not a lot of money left at the moment.

    Thanks again


  18. #118
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    Default Re: Lowells/? Claimforn - old Capital One

    A donationicon to Forum only would be greatly appreciated Jack..this helps us to cover our costs and continue to help others such as yourself.

    Kind Regards

    Andy

    We could do with some help from you

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  19. #119
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    Default Re: Lowells/? Claimforn - old Capital One

    You could send Andy a virtual glass of champagne by way of thanks, Jack.

    HB

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  20. #120
    Basic Account Holder jack21 Novitiate



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    Default Re: Lowells/? Claimforn - old Capital One

    Hi

    Just an update on this. The court have requested that we have a hearing and I will be receiving a date shortly.

    Had to pay the full fee for it, but I'm pretty glad it is going to hearing to be honest.

    I will post any developments as they happen.

    Cheers



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