Thank you, very much appreciated, you've helped clarify, and the situation now seems very clear to me. I'll concentrate instead on enjoying the event with the family

Thank you, appreciate you taking the time to read it and respond at length. Just doesn't seem right lol.

Hi, I'm not sure if this is the correct forum for the following, and am looking for a general consensus or thoughts on whether i have cause to take action or not? It's long winded but I've tried to be as concise as possible with the facts of the matter. We booked a festival ticket for an event running from Friday to Monday, in addition we booked via a separate 3rd party company a luxury tent in that companies camp site within the festival. This was at a considerable cost. Sometime after the purchase of the festival ticket, the organisers announced acts for the Thursday night and an early entry ticket for that night at a reduced cost. We are not in a position to purchase an early access ticket, as we're unable to change our plans. On the festival forum those who had purchased an early access ticket for Thursday entry questioned whether they would be able to have an extra night in the luxury tents, otherwise what would they do? The festival organisers said they would be able to. However when we queried the 3rd party they explicitly stated their site was not available on Thursday and would only be open Friday to Monday. A number of other people reported the same response. It was on that understanding that we did not actively try to make arrangements that would have allowed us to purchase an early access ticket. Then all of a sudden the 3rd party changed its position and an email was received to say anyone booked into the 3rd party site would have a free night on Thursday if they had paid the festival organisers the small amount for the early access ticket. It doesn't seem at all fair some can benefit from this, and some cannot, and I've no problem with anyone who does benefit. I've messaged the 3rd party and they maintain the terms and conditions haven't changed, they've just added an extra free night that anyone with an early access ticket can take advantage of. This was not the case at the point of sale, because if it was we would have made arrangements to take advantage, instead we were only made aware after they changed their minds to permit this, and we're now not in a position to benefit. I believe the terms and conditions have changed, and as a consequence I'm paying for a 4 night luxury Tent, and only receiving 3 nights. I believe it is reasonable to receive either a refund for one night based on the cost now covering 4 nights, or a free night, and a refund of the cost of one night based on the original total of the 3 night contract. Am i right or being stupid? Thank you.

Thank you IMS i think i now finally have my head around it all Have a great day lt4waf

Thank you DX and IMS for taking the time to help me out. The spreadsheet you attached has made things very easy to work out thank you. I've filled it out and have the total for the 60 months which concluded in Oct 2003 and is £4,229.92 It is now 2011, am i allowed to claim the interest on £4,229.92 between Oct 2003 and now at 8% also? If this money was in the bank or invested it would have grown since 2003. Thanks again, you've been a big help in getting me to understand where i stand. lt4waf

Hello I love this place, and i can usually dig out the information i need in order to assist me with my questions. I'm having a lot of trouble getting my head around the interest i should be adding to my PPI claim however. I have downloaded the CAG PPI Calculator excel sheet (attached), and i think i've filled it out right, though i cannot be certain. If there is anyone out there that would be so generous as to have a wee peek at my figures and results below from the calculator and comment i'd be very grateful. Some background.... I'm actually about to claim for 2 unsecured loans which stiffed me for PPI. One with HSBC and one with Halifax. I'll concentrate on HSBC here and apply any knowledge shared or gained to the Halifax claim as they are the exact same type of loan for the same principle amount. HSBC -------- Date of Loan: 3/11/1998 (I have the original loan agreement.) ------------------- Principal Loan ------------------- Loan: £10,000 Total Charge for Credit: £2864 APR: 10.9% Total Amount Payable: £12,864 60 Monthly Payments: £214.40 ------------------------------------------ Credit Protection Insurance Loan ------------------------------------------ Loan: £1825.40 Total Charge for Credit: £521.25 APR: 10.9% Total Amount Payable: £2341.25 Initial Payment: £38.48 59 Monthly Payments: £39.03 ------------------------------------------- Total Initial Monthly Payment: £252.88 59 Monthly Payments: £253.43 I am seeking restitution to include the return of all my monies paid for the PPI, and additionally around 13 years interest from the first payment until the date the matter is settled either by the bank or the court. My first hurdle is do i claim simple interest at the statutory amount of 8%? Or do i claim for compounded contractual interest, and if so how on earth do i find out what figure to apply to every interest calculation? After filling out the CAG PPI Calculate Spreadsheet the results are as follows, i must confess to not having any understanding of how this works and the results it shows:- Loan Details ----------------- PPI Premium: £2341.25 APR: 10% Monthly Int %: 0.870 Monthly PPI Int: £20.37 (automatically worked out by spreadsheet) For statutory interest from the first payment until now the sheet throws up:- Total Paid: £3563.45 Total Interest: £3345.29 Total Refund Required: £6908.74 For compounded contractual interest from the first payment and using the APR of 10.9% as that's all i have to go on the sheet throws up:- Total Paid: £3563.45 Total Interest: £9387.93 Total Refund Required: £12,951.38 Is the refund required in addition to PPI total of £2431.25? Do the above refunds seem valid enough? I want to be sure of what i am claiming for and that my claim is valid incase i have to take everything to court. I welcome anyones's thoughts good or bad, thanks for reading and sorry it turned out to be so long winded, i really hope i haven't made my situation worse by confusing you all....lol Thanks CAG PPI Calculator1.xls

~wakes up from deep sleep~ I really should remember to look in on a more regular basis! Hello PT, what an honour to have you look in! Prior to this i'd read a whole load of threads and noted the great advice and generous work you do. The wording of the order is:- IT IS ORDERED THAT 1. The claim form is struck out. 2. The claimant do by 22 May 2008 file a fully particularised claim form and particulars of claim. ------------------ I was a bit unsure as to what to do next as the 22nd has been and gone, and i've received nothing. I called the court, and the lady just repeated what the order said. They said they hadn't received a new claim from the claimant though. So i'm not really much the wiser on what happens or what to do next. I've thought about sending your letter from the sticky section, but the order already states the claim form is struck out. Do i need anything in writing from the court that says, claimant not complied with court order therefore the end of the matter? Promise i'll check back in a lot quicker than last time! Kind Regards

Update.......... Filled out the AQ and handed in to the court a couple of weeks ago. Received a letter yesterday. Judge has given the claimant 21 days to do things properly! That's all for now.......

Back Again!! and as someone once said, 'Hullo Mole!' Sorry i don't have an answer to your question. Just to update my thread, i have now received an Allocation Questionairre (Form N149) and the case has been moved to my local court. I have received nothing further from IND on behalf of FV-1, and nor have i received anything direct from FV-1. All i have been sent from IND is a dodgy copy of the sale agreement between HSBC and FV-1 incorporated. Outstanding is the CCA, Notice of Assignment, Default Notice, basically everything the original CPR request asked for. I have read pt2537's advice in other threads and examples of the Draft Order for Directions, and also what to put in Section G - Other Information. So that is what i'm going to do next with the following which i have lifted from another thread:- Draft Order for Directions The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:  Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon  Default Notice compliant with s87 (1) Consumer Credit Act 1974 andConsumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,  Document, contract or deed of assignment  Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.  Copies of any statement or other document relied upon If the Claimant fails to comply with this order, the claim will be struck out without further order. The Defendant shall within 14 days thereafter file and serve the following  An amended defence sufficiently particularised in response to the documents supplied by the claimant If the Defendant fails to comply with this order, the Defence will be struck out without further order. --------------------- and also: Section G - other information 1). It is requested the court give consideration to using its case management powers pursuant to part 3.4 of the Civil Procedure Rules to strike out the claimants claim for failing to comply with the requirements of inter alia part 16.2(1) (d) and fails to comply with the requirements of practice Direction 16 in so far that it fails to comply with point 7.3 which states 7.3 Where a claim is based upon a written agreement: (1) 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, The claimant failings to supply this documentation has placed me at a serious disadvantage, especially when it is considered that the credit agreement must comply with the Consumer Credit act 1974 and the Consumer Credit (Agreement) regulations made under the act. The consequences of the document failing to comply with the regulations and the Act can render the agreement unenforceable even by the honourable court. If the court does not consider it appropriate to strike out the claimants case as suggested above, I respectfully request that the court considers the request set out below in point 2 2). Alternatively, if the court does not consider it just to strike out the claimant claim as set out in point 1, If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order. The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously; without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment 29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order. Its is respectfully requested this case be allocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer Therefore it stands to reason that this document must be disclosed before this case can progress any further ----------------------- Once again could someone with knowledge of this confirm that this is ok, and i've not missed anything out. I know Rory has been on hand with encouraging responses previously so once again, thank you for that. Cheers

I completely agree, but as the front and rear sensors are identical save for a few millimetres it would have been difficult to notice it was the wrong part. If i'd known or been made aware of the correct part number before hand then obviously i would have nipped this in the bud earlier. However as the main dealer diagnosed and ordered the part for me, i don't think that it is a customer requirement to avail themselves of the correct part number just incase the dealer messes up. (Although in future i will! lol). I think what it boils down to is i've been sold something that isn't fit for purpose, and have incurred labour charges as a result of that. If i'd allowed the main dealer to fit the part then would they offer me a refund on their labour charges as well as the part? I suspect they would, and so i believe it is not unreasonable for me to request them to foot the bill of the 3rd party garage of fitting the part they've incorrectly supplied. The incorrect part is coming off the car tomorrow, so i'll have it out with the main dealer when i take it back for a refund. Could do with some idea of where i stand with my legal rights on this one.

Thanks for the reply Conniff. I understand what you are saying, but i think in this case it is the main dealer just being negligent. The part number for the front and rear abs sensors differ by one digit. For Reference:- Front ABS Sensor SSB000150 Rear ABS Sensor SSB000160 The main dealer diagnosed the front sensor needed replacing, and specifically ordered the part for me. Which arrived a couple of days later. When the fitting garage informed me it didn't quite fit i queried the part number with the main dealer. They insisted they'd given me the correct one. (SSB000150) as that was the one that was needed. I had the fitting garage check the package and this confirmed the main dealer was talking rubbish as the part was definitely wrong. (SSB000160). So they either ordered the wrong part, or didn't check they had received the right part from their supplier. I appreciate your input Conniff, and obviously i'm angry at having to now pay twice for the same job, I would have thought i might of had a stronger case for a claim than hoping the main dealer might recognise their negligence and do the right thing by me. Especially since i paid them a small fortune to diagnose the fault in the first place. Also if the Main Dealer refuses to pay for the fitting of the incorrect part would it be worth me going to the small claims court? Thanks Wayne

Hello Everyone, In a rush to get this sorted out, anyone with knowledge of the following situation then a swift response would be most gratefully appreciated. To cut a long story short, ordered a part from a main dealer based on their diagnosis. Took part to another garage to fit as their labour charge is way lower than the main dealer. Garage have fitted the part only to discover it doesn't quite fit properly, because it is the wrong part. Need a front abs sensor, supplied incorrectly with a rear one instead. Have phoned the main dealer and getting a refund is no problem. Can i also ask them to pay the labour charge i've incurred in fitting the incorrect part. Because otherwise i'm going to have to pay for the same job twice! Any advice, and how it stands from a legal point of view gratefully received. The reason it's rushed is it has to be back for an MOT retest before the 10 days is up. It's already been a week trying to get this sorted! I hate cars lol regards Wayne

Thanks ever so much for the quick response Rory, your help is very much appreciated.

Hello, Well the damn Dell scanner decided to give up and die on me, so wasn't able to scan in the reply from IND. With easter and things, i've let this drop from the top of my list somewhat! Tried to get through to the Court today to check the date the defence has to be in by but on hold for too long. I believe it is due in the next few days so could someone please please please help with a holding defence. After my CPR request i still have not received a credit agreement, a notice of assignment, and i don't believe i've ever received a default notice either. If someone could jump to my assistance i'd very much appreciate it. Regards.

Just trying to change the title of me thread doh.....it no work! ah well

Update...... Now just need a further nudge in the right direction if at all possible... Claimant: FV-1 Defendant: Me. All correspondance to: IND Today i received a reply to my CPR request from IND. The only document IND have provided is a copy of the Account Sale Agreement between FV-1 inc and HSBC Bank plc & HSBC Trustee (C.I) Limited. Noticed the page numbering goes "Page 1, Page 2, Page 6, No Page number (which is the page that details my account), Page 36, and Page 36 again! (at least it looks like 36, it is ineligible really.)" I'll scan it in too. Are they allowed to leave pages out?? Could it be something they've just cobbled together? The signature pages are the last two pages, who's to say they are anything to do with the sale of my account with the perculiar page numbers? IND also say they will request the relevant credit agreement along with terms and conditions relating to the account. It looks like i'll be needing a holding defence for this? I'll try and upload the letter and Sale Agreement tonight or over the weekend if someone could then assist me with my questions... Thanks everyone it's all quite exciting!

Hey Boro I'm in the exact same situation as you with a claim from FV-1 using IND with that PO BOX address. I've posted a link to my thread..... http://www.consumeractiongroup.co.uk/forum/legal-issues/133012-help-received-claim-form.html?highlight=IND I sent the CPR off to the IND PO Box address by special delivery, and it was signed for the next day. (I took a screen shot of the royal mail tracking number confirmation of delivery page as further proof incase of any future shenanigans!) I'm not sure why certain post offices are refusing to send to PO Boxes. I know the counter staff have to put the destination address into the computer before accepting the special delivery. However as i have successfully had my special delivery reach the PO BOX and be signed for. Then the address will be valid on the post office address database, and so your special delivery should be accepted. If it isn't, I'll send it for you and we'll discuss the £4.30 if and when. With regards to the CPR i amended very little, and left in the "if applicable" part. I sent it to IND because that's where the claim form says to send correspondance. I stated my address at the top of the letter followed by:- In the Northampton (CCBC) County Court FV-1 Inc -v- My Name Claim Number: xxxxxxxxx Dear Sir.......blah blah blah.......blah blah bbbblaaah burrrrblaaaaaah! ----------------- I'm waiting their response before i can decide what to do next. Oh yeah, and i've filed the Acknowledgement of Service stating i dispute everything. Hope this helps!

An update..... Request for Information sent via special delivery...... Will complete acknowledgement of service online tonight.... Suppose it's a waiting game now to see what turns up from the claimant. Thanks All

Hi Rory, That's excellent thank you for your assistance. I moved last year. No notice of assignment, or letter before action. They must have my correct address as that is where the Claim form was posted to. I'll keep you posted on progress. Thanks again for your help.

Thanks Rory. This relates to a HSBC credit card i defaulted on in 2004. At the time I basically over spent and could not keep up with payments. I became lazy and failed to face up to my responsibilities choosing to ignore any correspondance rather than sort it out. I did this with other creditors as well, and buried my head over most things. I then forgot about it, and have heard nothing for years. The balance the claim is for £3,516 is correct. But on top of this they are also adding 8% interest from the default date, which is adding another thousand or so, plus the court fees. I'd just like some advice on what to do next and whether i should take the steps i've outlined in my original post? It looks like HSBC have sold this debt to FV1, and they have instructed IND to recover the money. I realise the weight of help on here is tremendous, and people are very busy, so any advice is really appreciated, and thank you for your time.

Hello hello, Apologies first of all for making my first post a request of help and how cheeky that must seem. Today i received a Claim Form from Northampton (CCBC) County Court. Before i launch into the particulars I'd like to say i have spent the evening reading through various threads and digesting the advice of the very kind and knowledgeable people here. Thank you for the sticky's and to contributions from TomTerm8 and pt2537 which have been a tremendous help in assisting me to understand the situation i now find myself in, and what to do next. With no warning i have received the claim form stating the claimant is FV-1 Inc. Their address is in America. The address for sending documents is another company called IND. Their address is a PO Box. The Particulars of the claim are as follows.......... ---------- The claimant claims for sums under a/ various Credit Agreement(s) entered into between HSBC plc and the Defendant. The rights of HSBC plc passed to the Claimant pursuant to an assignment dated 22/12/06 between HSBC plc and the Claimant. The agreement(s) was/were terminated upon the Defendant failure to comply with the terms of the Agreement(s) and or the statutory Notice of Default served by HSBC plc. And the Claimant claims: Credit Card Account: xxxxxxxxxxxxxxxx balance of £3,516.47 as of 8/7/04. Interest under s69 of the County Court Act 1984 at the rate of 8% a year from the Default Date(s) to 26/2/08 of £1,023.53 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.77 AND Costs. ----------- The 'was/were', 'and/or' and '(s)' all confuse me, like they're not sure exactly what they are claiming but will try and cover everything. There is/are (lol I'm doing it now) no credit agreement(s) attached to the claim. They've added interest on from the Default date, yet fail to mention when exactly the default date is. I may have received a default letter from HSBC many many years ago, but i cannot be 100% certain. I certainly haven't got a copy of one. I've had no letter telling me I've got 28 days to comply before court proceedings are started. If anyone can offer some confirmation on what i should do next I'd be most grateful. After reading various threads my plan of action is to 1. Send the letter requesting a true copy of the Credit Agreement they refer to via special delivery. 2. Send the request for information letter via special delivery. Could i combine these into 1 letter?? Or is it best to send them separately? 3. Complete acknowledgement of service to the court. 4. Wait for response from IND Remembering all the time to not sign anything. Have i got it right? Based on the above 'particulars of the claim' is there anything specific i need to refer to or mention, or should i run with the required letters in their original template form? Looking forward to your responses, and will keep you posted on progress. Thank you