legallystressed
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Everything posted by legallystressed
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In July of this year I moved address and notified the council tax department accordingly. I own the property I moved from but informed them that I was living elsewhere in the UK. Over a month later, I received an email from somebody withing the department, asking for further information which I replied to the day after. On 11th October, I received a reply saying that a summons had been issued but would be withdrawn as all the correspondence had been sent to the old address and that a revised bill should be received at my new address in the next few days. I then get a summons sent to the new address (before receiving a new bill) which they now will not withdraw! Which defence do I use? The one that seems to apply on the back of the summons is 'the amount has not been asked for in the way set out by law' but I can't find any details of this. I would really appreciate some help as the court hearing is for 9th November and also, can I request for the hearing to be at a local court to where I live now? Many thanks
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Hi, I am in the exact same situation with BG. who didn't send me a final bill when I changed provider, collection agency assured me no action would be taken until a full investigation had taken place and yet, 2 years after the event and without notice, they stick a marker on my credit file. The energy ombudsman also found in their favour. I am contemplating complaining to the financial ombudsman and so I'm trying to gather as much info on legislation as possible in order to make a decision on this. I am also going to send BG an offer letter of full payment if they agree to remove the marker but I'm not holding my breath!
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Yes, thanks it makes sense and it makes me feel a little better but still wish it was time barred so not hanging over my head for it to be lifted when I least expect it to be! But in any case, thanks for your help
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Thanks Andy, so does that mean this debt is statute barred now then as it is over six years since I paid anything to it and it has been stayed for a year?
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I worry because this debt would have reached it's sixth year now so would have been statute barred but I have read (don't know if it's true) that time is now frozen whilst this is stayed so whilst there could be a chance the stay is lifted as oppose to it becoming statute barred
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But I am worried DX, constantly nagging at the back of my mind that any day they could apply to have the stay lifted. How can they get away with this? There should be a specific period of time the stay can remain and then automatically struck out
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It's now over a year since I heard anything regarding this and the claim is still 'stayed'. What should I do now, can anybody advise? I really don't want this hanging over my head indefinitely. Has anybody ever started an online petition to stop this practice as I can't see anything on this site to suggest it has?
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Thank you Thank you so much for the quick reply
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Hi, I currently have a similar claim from these jokers which has just been stayed due to them not coming up with the goods! They have recently written to me asking me to send an income and expenditure form. Just wondered if they did the same with you and how do you get a discontinuance from them? Hoping you can help Hi, claim has been stayed due to no response from Arrow. I have not yet received any paperwork from Blake Lapthorn but recently received this letter. Can somebody please advise if I should ignore it or reply and if relying, what do I say? I am not prepared to complete the expenditure form btw as I do not want to give them ANY information about me and I don't want to enter into any arrangement with them if they do not have any evidence that I owe anything. Any help would be appreciated
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Hi everyone, The solicitors agreed to an extension for me to file a defence and that time is now here. I would be so grateful if somebody could please advise on my draft defence? The extension was to 18th August but I really would like to get this in today as it's unlikely now that I will get any documents from them. Many many thanks
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Hi everyone, nothing in the post this morning from the solicitors so unlikely now that I will receive anything. I believe I now have 2 options. Make an application under non compliance with cpr request which I have been told could involve costs however, I have since been advised that I could apply for a remission of fees due to personal circumstances OR, I could put in a defence which has to be done by Friday. Any advice would be welcome with pro's & con's to both routes if poss please so I can understand the process better.
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I heard back from the solicitors yesterday: I can confirm that we are in receipt of your letter dated 23rd June 2014. We are currently seeking our client's instructions regarding your CPR Parts 15.5 and 31.14 requests and will revert to you as soon as possible. In the meantime, as you have filed an Acknowledgment of Service in this matter, please note that we are not able to proceed with the claim and enter Judgment against you until 21st July 2014 in any event. We will aim to update you further by 5pm on Wednesday 16th July 2014.
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ok thanks, but wont that allow the possibility of the claim being 'stayed'. I don't want this hanging over my head for evermore!!!!! Also, I've read that the N244 fee is £40.00
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Oh right, sorry. So back to my original question then, do you suggest my sending an embarrased (holding) defence or an n244 which I believe is an unless order
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Did I mention an application? just looked over my reply and I can't see that. As far as I can gather, the n244 gives an order to the Claimant to produce documents requested in the CPR by a certain date or the claim is struck out or have I got this completely wrong?
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True Andy. I've been reading a lot on the site and there seems to be differing opinions on whether to put in a defence (which would only be a holding defence) or send a n244. The main objective for me is to not have to attend at court. I have been to court a couple of times in the past and in my experience, I can tell immediately if the judge is for or against you regardless of the facts! What would be your recommendation in light of this, n244 or defence?
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Well I still haven't had any response whatsoever from Blake Lapthorn. Neither to my original CPR request delivered on 24th June nor to my email reminder to the solicitor named on the poc asking her to agree to an extension. I want to write a letter now to her stating that this is their final opportunity to agree to an extension otherwise I will ask for an unless order. Am I right in doing this and can someone help with the wording or point me to a template letter please?
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Thank you so much, I will get on with that straight away. Can I send a cca request to Arrow without an account/agreement number and without this, would they still be legally obliged to respond as they would be with an account number given?
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Thanks for your quick reply. I did request all of those docs. I am certain that no payment was made but not definate and I have heard of phantom payments occuring on accounts! I think it probably best to see what they come up with first and take it from there. The main thing I need help with is how to word an email to the solicitors re: not complying to my CPR and asking for an extension etc. Hope somebody can help with this as I would really like to get this done first thing Monday if poss
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Hi all, I received a claim from Arrow as follows: Issue date 18th June. Particulars of claim: The claimants claim is for the sum of £7,800 being monies due from the Defendant to the Claimant under a regulated agreement between the Defendant and Providian and assigned to the Claimant. Notice of the assignment has been provided to the Defendant. The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. AND the Claimant claims the sum of £7,800 together with the costs of this claim. 17th June 2014 Signed by Claimant's solicitor (named person) from Blake Lapthorn. Background I had quite a few credit card accounts that I got into debt with years ago due to me losing my job and I had a management programme in place set up by the citizens advice. I recall Providian being one of them. but this was around 8 years ago and I thought that I had settled all of them. I have received the odd letter from DCA's chasing monies that I feel were paid in full and final settlements so I just ignored them. I would be very surprised to find that a payment had been made to any credit card debt in the last 6 years so considered them to be statute barred. As there is no agreement number given in the particulars of the claim and very little detail, I really can't give any further information I'm afraid. Acknowledged 23rd June, CPR request letter sent 24th June (recorded). Delivered, signed for 24th June 2014. No response received. I have the email address of the Claimant's solicitor who signed the claim and would rather chase this up with her direct rather than telephone and speak to receptionists etc.,and be fobbed off but would appreciate some guidance on whether this is the best route to take and some help with wording the email please. Thanks in advance
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Hi and thankyou to everyone who gave me their advice on this matter. As I feared, the outcome was that I lost. The judge stated that the agreement related to my claim only and not claims against me. I had pleaded res judicata but he said that because the tribunal claim had been withdrawn no judgement had been made. I strongly disagree with this as I have read that it also applies to settlements but I cannot be bothered appealing as I knew as soon as I went in what he had decided. It was an absolute joke. The claimant came with a bundle of documents which I had not had sight of (despite orders) and the bundle I had sent to the court and received a receipt for had 'gone missing' so the judge had not had sight of this! I requested a postponement because I felt this predudiced my case but this was not granted (only a short recess would be allowed). Further, when I received the judgement, different cost had been added to those shown on the claim. THE LAW IS AN ASS
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Is there any chance I could make a claim against them for breach of agreement or would I have had to make a counter-claim much earlier on......am I now too late. Also could I make a claim for breach of contract as my tribunal claim didn't include this and the agreement related solely to the tribunal claim?
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Thanks for the reassurance Andie, I have sent my bundle and the documents within clearly show this was an issue to be decided by the tribunal had the parties not settled and claim withdrawn.
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Thanks monkeychicken. Please let me assure you I am not getting into a panic over this. I have all the documents I intend to rely on ready and I am very familiar within a court environment - it does not phase me at all. All I require is a few similar case references. I will not be seeking the services of a solicitor as the total amount claimed by the ex employer does not warrant the expense and believe me, the reason this claim has been made by my ex employer if definately is not a monetary one. My only regret is that I didn't counter-claim when I completed my N9B for breach of contract (as this wasn't claimed for in my ET1). Had I done so I would imagine their claim would have been swiftly withdrawn! I can appreciate how my posts have appeared to be sketchy but this is due to my not wishing to post too much information on a public forum. My initial request was for reference to case law and that's really all I still need. Thanks for all your time and effort in trying to help, I will of course post the outcome of the hearing.
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In a nutshell the ex employers point of view is that the agreement I signed related to my claim against them and not the other way around which I will be contesting as unfair. On signing the agreement, I did so thinking that the claim and issues therein would be settled regardless of who was claiming/defending but if it is that straight-forward why was their claim not struck-out?
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