Now just had an email from MC with the judgement being obtained in the other case.

what is the application for putting this on hold and getting it reheard, the reason for this is the case was heard at a court that was not my local court and i could not get there to defend it.

when i contacted the court they told me i would need to pay an application fee and it would take 21 days for the proceess which was no good to me as the case was was due in 18 days 

so on that case they have got summary judgement and all costs totalling over 800 so now its 3k 

many thanks 

lets

To Confirm 

Today I had the confirmation of Judgement and it states

The Application is Dismissed and the Claim has been Struck Out 

as I had to get this transfered to my local court I did not actually get the WS in until 2 days before 

the WS was a rushed one but it worked 

any chance of an upload please @albouk  as i have a defense to put in , in 2 days time just need some pointers 

many thanks 

Lets

Thank you Andy

My WS was rushed and sent in 2 working days before hearing due to change of court.

but Judge did agree that MC and C both failed in their duties to send and include the paper work to proceed with a hearing, I have another coming up soon a piece of info that was`nt included in this, is included in the next one.

just trying to get my head around a WS that will help sort that out 

many thanks 

Just a quick question

if there is a form to fill in when you get the 30 days letter before a claim is issued, and you dont send it back, will it hinder your defence when asking for the evidence from the other side under cpr31.14 

none of the cpr stuff was given until they entered the n244 request 

Here is an update

Was at court today and the other side sent a young solicitor who did not know much about the case. only received it on Friday Last week, 

The Judges opening was to address the pre action protocols and that both the claimant and their Solicitors both failed in this. 

I forgot to take in my defence with me but still managed to hold my own.

the outcome is, the stay is to remain in place and the application for Summary judgement has been dismissed.

however that does not mean that they can pursue for redress until they submit documents in the proper manor. 

statment redacted.pdf

My defence was very week please see above, i have and will be taking on board how to defend the other claim they have submitted though 

Just an update 

was supposed to be in court today, however I requested that the case be transferred to my local court, and yesterday I got notice that the case has been transferred and my local court will be hearing the case.   

DN may have been sent out but not received one though, same as no termination notice only, notice of transfer has been received 

and that was from Cabot

goimg to start on WS tomorrow 

Just looked at credit file and shows Cabot defaulted it in Nov22 , there is no information from original creditor.

Just got date through for application hearing 31/8/23  

Thank you DX 

although there is a DN included in the pack I have been through every bit of paper i have had from Newday and there is not a DN among it so not received one.

I keep all records since I had to defend my fist case back in 2009

many thanks 

Lets

@dx100uk  would you know if the DN in the bundle is valid although cant say me seen one for this 

cheers

lets

ok thank you Andy, just trying now to work out a witness statement ...also looking for ideas through the site 

I have also noticed within the evidence they have submitted there is no termination notice of account and although there is a default notice I have not ever received on 

going to work out statement now 

hi Andy

not had any dates or any thing yet from the court , which i must add is not my local court 

Sorry for the delay finally managed to get everything scanned, edited and converted to pdf and here it is.

thank you for looking 

cheers

Lets 

n244.pdf

willl do that tomorrow once dig printer out 

thank you 

@albouk 

I have just received a pack from MC going same route as yours 

what was in your WS that kicked them to touch ..please can you share 

many thanks 

Lets

@BankFodder Many thanks for reopening the post ..i thought i actually commented on friday ..must of forgot to press the send button.

on Friday I received a bundle of papers saying that they are a witness statement (120+ pages) in amongst the papers is also a copy of a default notice ( i thought they couldnt be reproduced).

Anyway the stay had been lifted and the case is being transfered to my local court, they dont know Geography as they are requesting it goes to portsmouth ...thats not my local court.

they are also looking to go for summary judgement

any ideas....I will have a look around see what other advise is out there on here too 

many thanks 

lets

Hi Michael 

Yes that is the case in the blue badge book it says you must...so far i cannot find a law that confirms that. 

for a contravention 30

- parked for longer than permitted ticket to be issue the CEO must log in the vehicle in question at least twice, if a time clock is displayed they still need to log the vehicle in, in order to register that vehicle on that specific street.

.In My case the street i was parked in, has 30min LW .no return within 1hr  (council allows unlimited parking with blue badge, Clock is not required)

then we have disable bays limited to 4 hours no return in 4 hours

again for a ceo to know for sure time has exceeded they need to log the vehicle in. 

on top of that for not displaying a time clock it carries the max penalty of £70 again this itself is excessive. 

i display my clock on DYL/SYL when i park if i cant find any other space to park. 

Hi All 

I do not know if other council controlled parking schemes do this but ours on the I.O.W do and that is log in vehicles that are parked in free limited waiting bays

for example some of our Disabled bays on the Island are 2 hours or 4 hours or no limit after 6pm .

however to prove a vehicle has overstayed in these bays, they have to be logged in on the CEOs handset. thus negating the need for a time clock.

today I parked in a Disabled Bay (max stay 4hrs ) and i displayed my badge.

went to 3 shops got a coffee and went back to the car. to find a PCN not for displaying a time clock, 

if the CEO is doing their job correctly then the car should have been logged in for the 4 hours and therefore not requiring me to display the time clock 

any thoughts peeps , by the way i am appealing just wanting to see if there is any other bits of info i can use in my appeal

many thanks 

lets

yep that's who i meant , Mortimer Clark,

yep filled on time and court acknowledgement received, the defense i used was the one attached.

letters where sent requesting information and only Mortimer responded saying they do not have the information and that they will put action on hold.

Particulars of claim

1. By an agreement between Newday re Fluid & the Defendant on or around 05/08/2019 the
(Agreement) Newday Re Fluid Agreed to issue the Defendant with a Credit Card.
2.the Defendant failed to make the minimum payments due.
3. The Agreement was terminated following the service of a Default Notice
4. The Agreement was Assigned to the Claimant,
THE CLAIMANT THEREFOR CLAIMS
1. 1995.16
2.COSTS

defence 

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC

2. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

3. Paragraph 1 is noted. I have in the past had financial dealings with New Day in which I can’t recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 78 request via signed for delivery which the claimant has failed to comply with.

4. Paragraphs 2 & 3 are noted. Although I do not recall receiving a Default Notice /Termination Notice pursuant to sec 87 (1) the Consumer Credit Act 1974.

5. Paragraph 4 is denied. The defendant contends that no notice of assignment pursuant to s136 Law of Property Act and s82 a of the Consumer Credit Act 1974 has ever been served by the Claimant as alleged.

It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:
a) Show how the Defendant has entered into an agreement and;
b) Show how the Defendant has reached the amount claimed for and;
c) Show the nature of the breach and evidence by way of a Default Notice pursuant to s87.1 CCA 1974.
d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

As per Civil Procedure Rule 16.5 it is expected that the Claimant prove the allegation that the money is owed.

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to
the relief claimed or any relief.

Put the defence in on time and then had a letter from Moorcroft Mortimer saying that they dont have the paperwork and seek to obtain it from the creditor, in the meantime they will put everything on hold .....

Which Court have you received the claim from ? MCOL Northampton N1 ?

Name of the Claimant ? Cabot Financial

Date of issue – . 6-10-22

only received claim form on Monday 17th October 22

Particulars of Claim

What is the claim for –

1. By an agreement between Newday re Fluid & the Defendant on or around 05/08/2019 the (Agreement) Newday Re Fluid Agreed to issue the Defendant with a Credit Card.

2.the Defendant failed to make the minimum payments due.

3. The Agreement was terminated following the service of  Default Notice

4. the Agreement was Assigned to the Claimant ,

THE CLAIMANT THEREFOR CLAIMS

1. 1995.16

2.COSTS  

What is the total value of the claim? £2150.60
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

Did you inform the claimant of your change of address? Give answer here

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card
 

When did you enter into the original agreement before or after April 2007 ?After
 

Do you recall how you entered into the agreement...On line /In branch/By post ? online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? yes
 

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. assigned to debt purchaser Cabot
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes 15-12-21
 

Did you receive a Default Notice from the original creditor? no
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? yes,  dated 21-10-21 for £39.10
 

Why did you cease payments? could not afford them
 

What was the date of your last payment? not sure all statements were online now cant access the details
 

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? no

december 2019 went down with brain illness which now effects memory and speech

I actually received the claim form on Monday 17th October, Obviously delayed due to postal strikes 

I have acknowledged the claim straight away, is it worth me phoning the court to let them know about the date i received the claim.

I suffer with both physical and mental illnesses aggregated in December 2019 by meningitis which put me in a coma for 4 days and has now made my memory much worse.

however i have kept all letters received and there is no DN notice for this account at all 

I have also done the AOS as soon as received which was Monday 17th October 22

letter for Solicitors and cabot have been sent as well

claim.pdf

Hi Guys

Here is an update.

I sent a complaint via their online contact page stating the charge was excessive and was a penalty and that i will NOT deal with Moorcroft.

Today I got a phone call from Southernwater and the charge has been removed and they are happy to accept the £15 every 2 weeks when a bill is due ....so when bill comes in £15 per fortnight paid until bill paid ...not only that as I have a need to use more water than average, they have put me on the water preference where we get 20% reduction on our bills.

they have also retrieved the account from Moorcroft.

Cracking result, many thanks for the advice on this one

Cheers

Lets

Hi All 

Just an update, I sent a complaint through and got a message that i would be contacted within 10 days.

so far now contact received.

cheers

Lets

Hi BF

No, as soon as a bill comes in, it is split into equal payments, incl C/T. and payments are made after i have contacted the company and told them what I am doing. then by time new bill is in old one is cleared. most of the time have a month or 2 clear without any bills...Last years C/T was in credit by £198 by christmas last year.

With SW we pay every 2 weeks and whilst we are paying we get a red one by which point it is down another £15 from time they have sent it to time we get it, me not leaving bills till get red one at all. payments start as soon as we get em 

cheers 

Lets

Hi BF 

no the bills are every 6 months normally January and June.

the 20% reduction is for medical reasons, did apply before and was turned down.

the 20% reduction starts from today apparently.

Assumed it was clear as had no letters whereas if it wasnt clear they would send a red letter at which point it was lower than what the red letter would state.

so as had no communication pressumed it was all cleared and upto date. ( we pay our council tax this way too, they kicked up and i told them that if they didnt take it i wouldnt pay it)

cheers

Lets