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

mrben22

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  1. mrben22
    ih since my last update the following are the documents and correspondence I have had from the court and the claimants solicitors. - a standard order for further stay until the 8th feb 2016 (which the claimants presumably requested as I did not) , dated the 161015 - 2 further suggested settlement offers from weightmans . I did not respond to either as im not in a postion to consider offers of this sort of amounts. dated the 301015 and 231115. - a copy of suggested Draft Directions from weightmans that they are proposing to submit asking for me to agree with or make suggested amendments. so it would appear that the claimant are determined to take this to a court hearing if need be. If I send the agreed Directions back confirming that I agree with these , do I then presumably await to hear from the court of a date as suggested some time in April / May for the hearing ? and can expect to get any related documents they intend to use no later than 14 days before this hearing ? As stated previously the only CCA documentation they have ever provided is a copy of a short application form as I have uploaded before and the t&c's have always been copies of more up to date ones as they contain details of the £12 late fees etc rather than £20 fees that would have been in place at the time of this agreement in 2002. So Im still unsure as to exactly what makes them confidently believe they have an enforceable agreement ? In the time between now and any date for a hearing in April / May , is it still acceptable to reach a settlement agreement , I cant possibly entertain the figures their offers have suggested but if it came to it am unsure as to whether I should attempt to reach some form of agreement to pay back in instalments . Its taken the last 5 years to try and get my financial history slightly back on track that and I really want to try and avoid it being completely trashed again for the next 5 or 6 years with a CCJ on there ! But Im not really at all confident in what they believe they have to make this an enforecable agreement . As always any advise would be most appreciated , thank you Weightmans Settlement Offer No.2_ 301015.pdf Weightmans settlement offer No.3_ 231115.pdf Order for FURTHER Stay for settlement 161015.pdf Weightmans Draft Directions_Before Feb 8th_190116.pdf
  2. mrben22
    Just a quick update The only details i have had since I last posted are now attached and consist of - a settlement offer sent from claimant (which I just ignored and frankly would advise that I had never recieved if need be ) - a notice of transfer of proceedings - a standard order for stay for settlement with consent of all parties. (this details claim being stayed until 1st september 2015 ) - a copy of the claimants directions questionnaire that they submitted. ( I note in section C , THE PRE-ACTION PROTOCOLS , their comments about how they have NOT complied with the relevant pre-action protocol and not providing copy documentation ! ) so they have stated that they have not to date provided a vlalid copy of the CCA , other than the application form I posted previously ) my question is , In view of the fact that the stay period of the 1st sept is next week should I be sending or registering any further details , sent asap now & recorded before this date ?? The claimant has not sent any further details to me since their previous settlement offer on the 9th june which I viewed as just ridiculous and completely out of the question and so just ignored it completely ! I dont know what the next stage is to be & likely timescales ?? Any further advise or thoughts at this stage would be most appreciated as always
  3. mrben22
    DX /Andy Sorry just sent my last post (post 40 ) and then had seen that Andy had also just replied to my previous questions in his reply post 39 I will respond as Andy has suggested and copy in court & weightmans , just perhaps update the proposed stay to the 2 month period as Andy suggests .. It would seem that no one can really be sure whether the Short application form which does have my signature on , does actually constitute adequate proof to enforce the debt or not ? as I cant ever actually remember ever signing anything other than this in terms of an actually CCA
  4. mrben22
    DX thanks for your reply Your response has also been my attitude up until this point , however it would seem that weightmans / cabot appear to be confident that despite me requested a true copy of a CCA with all the true and original T&C's , that they just provide the copy of the original short application for with my signature on at the bottom ! Im starting to worry that this copy of the application form may actually constitute an adequate form of documentation to be able to prove enforceablility of the debt ? I need to reply to weightsmans by the 9th at the latest , (so in post SD on Monday 8th ) in response and acceptance of their proposed direction , as I poposed up in post 35. Presumably if I do accept this , than at the very least its buying me some time to negotiate / clarify whats required from the claimant ?? As I mentioned because im not sure or confident whether they have adequate to enforce the debt , I really cant afford to have a CCJ registered against me at this point , having spent the last 5 and half years suffering the effects of all credit history being completely trashed and sorting out all other previous debts which are now settled. Andy had previously suggested that their proposed small claims track perhaps suggests a weakness in their claim , is this because they cannot actually provide a signed CCA or does the application form constitute the same as this , as they appear to believe it does ? I certainly dont want to accept this particularly in view of the fact that as of Jan 2016 I believe enough time would have past for it to be potentially statute barred , however not sure If this is the most realistic path I have to take to avoid a CCJ ? Hence the number of questions I raised / asked in post 37 , if either yourself or Andy could offer anything further to help answer these and direction for me, id really appreciate your help , you have both been invaluable in all your help to this stage. many thanks
  5. mrben22
    Andy Thank you for your reply , I have now read through standard directions CPR 28 and Leaflet EX305 (as mentioned on the directions questionnaire from the court ) and tried to understand their contents as best I can. In view of the fact that overall if need be , I think I would need to try and reach an agreed settlement on this claim and avoid any possibility of going to a court trial Do I return the proposed directions to weightmans that they sent to me , agreeing to their suggested 3 months stayed period to try and negotiate a settlement ?? and if I do , Its presumably best just to print my written name on it rather than my actual signature on it ?? The proposed directions from weightmans suggest this 3 month period of claim to be stayed for negotiation , however the EX305 states that a judge will usually only allow to be stayed for 1 month , and if more time is required a judge will usually only give parties a further 1 month and no more ?? Weightmand proposed directions (point 5 ) a hearing for the claim would be a date in Jan / Feb 2016 . Presumably this does not have any bearing on the claim being potentially statue barred at this point , as the last payment I made on this was on the 3/1/2010 ?? If I am in agreement with these proposed directions from weightmans (as they seem a reasonable & realistic timescale , to attempt negotiation & reach settlement of the claim ) , then do I complete the the directions questionnare along these lines and do I need to send a copy to weightmans as well ?? or just return their proposed directions to them with my agreement. Im at the point now where I believe I will have to try and reach a settlement with weightmans / cabot Financial , as they appear to be confident they have enough evidence to force the issue to trial and I really cannot afford to get a CCJ against me now having put all other debts & financial problems behind me over the last 5 and a half years ! My only case against them now seems to be that they have never been able to provide any true copy of a completed CCA agreement other than the original application form with my signature on (which may be adequate for their purposes to prove enforcement of the debt ? ) and they only ever provide a seperate copy of standard recent T&C's of the CCA rather than any original one or signed copy etc . I aware I need to get details back to the court now asap and well within their deadline which I will ensue I do , just want to make sure that accepting that I need to agree to weightmans proposed directions & to try and negotiate is realistically by best chance to avoid getting a CCJ issued against me ? sorry lots of questions I Know , Im just anxious to process this as I need too now and not take too much of your time keep coming back to you unnecessarily with lots of further questions. Thanks
  6. mrben22
    Hi So I have now had a response from Weightmans as somewhat expected advising that they do not accept my defence I submitted.(attached below ) Having been away for a while & had to sort by PC & technology problems out , I have now also received both : - a letter and " proposed directions " form to complete from weightmans , basically suggesting the claim be stayed for 3 months to allow both parties oppoertunity to negotiate settlement. - a Notice of Proposed Allocation To The Fast Track , and 6 page directions questionnaire to complete from the court. Also both attached and I obviously need to respond to asap although I dont really understand what I should or should not be doing now ?? Only details I got back from Cabot in response to my request are a pile of statements summaries , a letter of statement of account , a badly copied photocopy of the original short application form and an up to date set of CC agreement T&C's (which are obviously not the original ones as they details £12 default fees as opposed to the £20 they were at the original time ! ) . This response bck from cabot was recieved on the 9th May 2015 although they dated them the 1st May 2015. Hope someone can advise of my best required course of action now please and offer advise of completing details I need to get back ? Many thanks
  7. mrben22
    Andy / DX thank you both very much , yet again for such timely response and assistance. Would it be prudent to sent the defence as a PDF file as sending via e mail or a word doc will be OK ?? Sorry if im being overly worried now , will be able to leave you to assist others now , until I have any further update. Hope you have a good Easter.
  8. mrben22
    DX you may have saved the day for me ......YET AGAIN ! Im in a panic to get it sent over as Ive limited time today to be available to do so, hence why trying now having had the OK that defence is ready from yourself and Andy When you say I can e mail it , do you happen to know the correct e mail address to sent it from or do I have to just send it to the e mail address listed on the error message page on MCOL site of : [email protected] ?? Is there anything particular about what I need to include in the subject title or body of the email in terms of usual protocol when e mailing defence , as well the defence document itself i.e in a word document ?? sorry not wanting to waste more of your time on admin matters like this , just value your opinion & experience as seems you use to hearing of these MCOL error messages !!
  9. mrben22
    Andy many thanks for your help . I have taken your amendments now , very much appreciated Unfortunately Im in a right panic now as logged onto MCOL site to file defence , and when you get to the 3rd page where you input your defence an go to next , you get error message !! due to technical issues Not sure if site is having problems , Ive tried it several times and will continue to this afternoon before 4pm , but the help desk number on the error page , rings then constantly get engaged tone !! fingers crossed its just a blip with the site or I really am in trouble now !
  10. mrben22
    OK DX thank you so very much for all your assistance helping getting this defence ready to file today , I cant thank you enough I will await until later today when hopefully Andyorch will have been able to cast his eye over it and give me the green light to go ahead and file on MCOL today before 4pm
  11. mrben22
    POC 1.The Defendant entered into a credit agreement described by the original creditor as CAPITAL ONE – CREDIT CARD and having account number XXXXXXXXXXXXXXXX (‘the Account’) 2.The Claimant, a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account. 3.The Defendant is indebted to the claimant in respect of the account in the sum of 16919.87 4.The claimant claims the said sum of 16919.87 , plus costs. ####Proposed Defence#### 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 r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Save insofar as it is accepted that a contractual relationship did once exist between the Claimant and the original creditor and save insofar as this Defence is filed without prejudice to the Defendant’s position. 2. Paragraph 2 is denied I am unaware of any legal assignment the claimant refers to within its particulars and I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925. 3. Paragraphs 3 & 4 are denied with regards to any amount due under any agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. On receipt of this claim I requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31:14 request sent via XX delivery method on XX date. Further to the above I sent Cabot Financial UK limited a section 78 request. sent via XX delivery method on XX date. To date, neither Weightmans LLP nor Cabot Financial UK Limited are yet to furnish me with the requested information . Therefore with the court’s permission the Claimant is put to strict proof to a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show how the agreement was legally terminated to allow the claimant relief. d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.6. 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.
  12. mrben22
    DX thank you so much for your prompt response , and Im really sorry if I am being thick or confusing matters here. your point 3. about the alleged assigment of over 3 years ago , until receipt of this claim. I mentioned this as it was a letter I received from the original credit card Capital 1 , but I have not had any dealing with cabot / weightmans solicitors who are dealing now. (see my post 6 , may be me confusing matters here , so Im really sorry if so ) Surely I dont want to admit / acknowledge that I have had notice from Cap 1 some 3 years ago that the debt was sold to cabot do I ???? Your paragragh after point 3. on reciept of this claim .. ....Shooesmiths (I will obviously change to the solicitors in my case i.e weightmans ) but the Arrow Global Guernsey Limited ?? this is to be replaced by Cabot Financial ?? If so its weightmans that have replied to my cpr31.14 request but I have heard nothing todate back from Cabot yet reference the CCA request I sent. The replied back from weightmans to the cpr31.14 is the one I attached earlier on the page 2 of the PDF with the blank first page Im really sorry im sure its my technology problems that are not helping to confusion I am obviously causing
  13. mrben22
    Thanks for your help and advise so far I really appreciate it as getting lost in this now. I have spent hours (days ) reading threads in here that are very helpful. Will spend more time today to try and put together best & most appropriate defence together and post up this evening for thoughts on it if possible please. Will go down the route of no paperwork / holding defence , verifying proof etc as suggested. All they have ever produced in the past was the front page of an old apllication form , with my signature on from 2002 when it was a balance transfer from another Credit card , and updated t&c on seperate page much more recent and after 2006 ! Not sure if they have enough on this to prove enforceable CCA I have done my very best to try and learn from previous threads on this site , so that I can try to put together a suitable holding / verifying proof defence as previously suggested . I need to get this filed via MCOL tomorrow so am hopefully that someone can look over and advise or correct where need be for me please. I have looked through a great many threads to use as the basis for this defence , however if Im honest im unsure as to a couple of points1. point 1 refers to CPR r 16.5 (3) , I dont actually what this refers to or is required and relevant in my case ??2. Do I need to include any point at this stage , that I have also requested a CCA to cabot themselves on the 24.03.15 as well as the cpr31.14 ?? or again is that not relevant for the defence
  14. mrben22
    Thanks for your reply , appreciatedAny help / thoughts on what needs to be / has to be included in my defence ? Should they have responded correctly in their agreement to an extension for me to file my defence , i.e they should have stipulated a suggested date for defence to be filed in line with when they would be able to provide the information I have requested , and they should have advised the court in writing of their acknowledgement and agreement ? (like the court told me they should have when I spoke to the court today ? ) Are they at fault by not providing the information ive requested ? I just want to ensure I include any details that strengthen my defence , seems like they , as you say just sent a standard response (not even correctly, as referring to my points two to six , when I clearly only made five !! ) Seems like it hasnt given me the extended time to collate my defence as it should have potentially done , because they are unable to provide what I have requested , but seemingly just fobbed it off !
  15. mrben22
    I sent the CPR 31.14 to weightmans (solicitors acting on behalf of Cabot ) as attached , and well as the CCA request to Cabot with the £1 PO (also attached), with personal details taken out . Both sent special delivery arrived with them on the 25.03.15 Reply I have had back from Weightmans that arrived with me yesterday (although dated the 26.03.15) also attached below with personal details taken out. ***sorry their response is on page 2 of the PDF attachment , page 1 is blank as I cant get my technology to work properly , really sorry for inconvenience !!!! *****The CPR 31.14 I sent to weightmans I included .... .."following document(s) mentioned or implied in your particulars of claim " . ...as I had read somewhere on here about included the word implied if there particulars were not very detailed as they dont appear to be in their claim (included these in the original thread)Response back from weightsmans I have found a little confusing : 1. Firstly their first paragraph mentions "documents you have requested at numbers two to six of the same "... .... . I did not mention six points / documents in my request , I mentioned just five ?? 2. The point they then go on to make about , "we hereby put you on notice that we will oppose the same , placing this correspondence before the court " ?? 3. Despite that my request covers the point about them agreeing to an extension of up to 28 days to file my defence , their reply does say that they agree to this , but no indication of dates in line with this. I spoke to the court today and they said that the usual required process is that if they have acknowledged and agreed to an extension to file my defence , then they should state a proposed date this should be , that they are agreeable to and that they should advise the court of this in writing ? sounds more logical to evidence & confirm they are in agreement . So I really need some guidance now please on my next step , or how to proceed with my defence that has to be submitted by the 5th April

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