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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

istanley24

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Everything posted by istanley24

  1. istanley24
    I have called the court, and they had no record of of the notice of discontiuance, but they are going through a backlog so have not reached the date that the notice was sent to me. I have emailed a scanned copy of what I received to them using the CCBC Defendants email address, but have had no other response from them apart from the default reply after sending something to that address. Should I continue to chase this up? I had submitted a defence, so I don't think I need to be worried about dates any more, correct? Should I receive anything from the court to clarify that this case is over now?
  2. istanley24
    Update: I filled in and sent my defence on 27th June using the 're plead their claim with particularity' statement that Andy advised. I received a letter from the claiments solicitors dated 3rd July stating the following: Re: Arrow Global Limited -v- *Defendant* Case Number: ********** Further to your defence please note our client will habe to approach the vendor for additional information. It will take some time for the additional information from the vendor. We have therefore discussed this case with our client who has agreed to ceasing legal proceedings on the basis of each side bearing their own costs. Please therefore find enclosed a copy of the Notice of Discontinuance issued on the above basis. I am going to contact the court to make sure they have received this Notice also. What does this mean in the long run?
  3. istanley24
    Ok, that's great thanks. So I just put that in my defence Form to the court, and not send anything to the claimant or their solicitors? Thanks so much, this forum is so helpful.
  4. istanley24
    Yes I have completed the AoS. So there is no request that can be made as they have been so vague in the PoC? I have all 3 of my credit reports and there is no reference to this debt. So best course of action would be to submit my defence form to the court, using the SB that you posted previously? Correct?
  5. istanley24
    That is correct, that is all the wording in the PoC. They don't refer to any documents at all.
  6. istanley24
    personal loan.
  7. istanley24
    Sorry about that, I used the term 'account' incorrectly, but it was when I had the HSBC account which was years ago. So would this be correct to send: IN THE XXXXXXXXX COUNTY COURT CLAIM NO: XXXXXXXXXX BETWEEN: XXXXXXXX Claimant and xxxxxxxxxxxxxx Defendant _________________________ _________________________ ___________________ PART 18 REQUEST FOR FURTHER INFORMATION _________________________ _________________________ ___________________ To: XXXXXXXXX Would you please provide me with the following information: 1 The agreement. 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 deed of assignment. 3 The notice of assignment including proof of service. 4 The default notice. 5 The termination notice. If you would please provide the above information within 14 days of this request. MY NAME 25/06/2012
  8. istanley24
    I think this is relating to a bank loan, not an overdraft.
  9. istanley24
    Ok, so this is what I will send to the solicitors: My Address My Address My Address Postcode 25th June 2012 IN THE XXXXXXX COUNTY COURT CLAIM NO: XXXXXXXX BETWEEN: XXXXXXXXXXX Claimant and XXXXXXXXXX Defendant _________________________ _________________________ ___________________ PART 18 REQUEST FOR FURTHER INFORMATION _________________________ _________________________ ___________________ To: XXXXXXXXX (claimant) Would you please provide me with the following information: 1. A summary of all balances and payments to the account you refer to. 2. A breakdown of all figures involved in your claim and documents proving evidence of this breakdown. If you would please provide the above information within 14 days of this request. XXXXXXX 25/06/2012 Is that right? and I sign it? I was under the impression never to sign anything.
  10. istanley24
    And also do I need to put a date and return address on that letter? in the top right like when writing a normal letter? or keep it just to that exact template that is posted above? sorry for the stupid questions, just want to be sure I get it right.
  11. istanley24
    Thanks for that. Do I send that to the solicitors address via recorded delivery? I take it I print my name on it, and do not sign it? i will get that sent today.
  12. istanley24
    So if there is no record of the debt on any of the three reports, that would indicate it is SB?
  13. istanley24
    So I should do the AoS and a CPR 18 request, and not submit a defence just yet? What is the correct wording for a CPR 18 request? And do I send that to the claimants solicitors? Do I need to inform the court that I have submitted a request? Sorry for all the questions, but never had to deal with any of this before!
  14. istanley24
    I've just checked back through my records and have found no reference to arrow or HSBC. I do have payments on a couple of debts in 2007 but I cannot track what they were for (the reference numbers don't match the claim). Would I be better off asking them to prove the debt in question rather than go straight in with the SB defence?
  15. istanley24
    Thanks Andy, I have not bancked with HSBC for 8 or 9 years now, and definatley cannot remember making any payments or acknowledgments in the last 6. So should I go online and do the AoS today, and then send in the defence form with your wording? Do I need to send anything to the claimants solicitors (ELLS & COLE)? Do I need to write to the claimant and ask for any documents? essential documents like the CCA, the default notice and the assignment? In the Particulars of the claim on the claim form, the following text has been entered: "The Claimants claim against the defendant *MY NAME* the sum of 4,704.90 due under the following account:- ******/******** 4,704.90" This seems a bit short and vague! with added court and solicitors fees, it comes to £4869.90 I am just unsure if I should ask them to prove the debt, as in my head I am sure it is statute barred, but I can not find a trail to prove it or not!
  16. istanley24
    Thanks for the reply. I am sure it is Statute Barred. I have not banked with HSBC for years. I am obtaining my credit reports from Equifax and Call Credit, so should have these soon. Would I be right in thinking that if the debt is not on these reports (and it is not on my experian report from last sept) then it has to be 100% Statute barred? The claim form states that I can respond online. Is this ok to do (once I have checked my reports) as this would be much quicker.
  17. istanley24
    Good Morning, I have a quick question (hopefully). If a default is recorded against an account, would this be logged with all 3 agencies? I am being chased for a very old debt which I beleive it is Statute barred. I have my experian report from last year and there is nothing on there, but do I need to get the other two reports to make sure?
  18. istanley24
    Good Morning, I am after a bit of help, as I am now getting worried. At the begining of this year, I received a letter from Rockwell chasing a debt for their client (arrow global limited) that was for an original creditor (HSBC Bank). The amount was for just under £5000. I received 2 further letters from Rockwell, and then in March I recevied one from Fenton Cooper, who i beleive are the same company. I have a credit report from Experian from September 2011, and there is nothing on there about this debt I have a couple of small defaults on there that have a status of 8 but the balances have been satisfied (so I guess these will just drop off after 6 years?) and then the other items on the report are my active accounts. There is nothing on there for HSBC, Arrow, Rockwell or Fenton Cooper. I did have a HSBC account years ago, but nothing would have been paid on it or any activity for 8 or 9 years. I am pretty certain that this debt is Statute Barred, so is unenforceable? Should I fill in the defence form? what is the the correct wording to use, and do I need to only send the defence form back or do I also need to write to anyone else? the issue date of the claim form is 18th June (I received it yesterday) so I need to make sure I get it replied to in time! Thanks in advance.

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