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

AA123

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Everything posted by AA123

  1. AA123
    Natwest was the creditor (Im guessing a credit card tomorrow not an overdraft).
  2. AA123
    7 years ago was £6500 now in excess of £13,500. As the wife has made no payments to the account and not received any statements or communication regarding the account I feel the statute barred defence should apply. Especially as the lender has made no effort to communicate with her at all in the period. Whilst the IVA prevented the creditor from contacting the IVA protected husband, it did not stop them from having to communicate with the wife. Was the creditor not obliged to send standard default letters or annual statements ? Hypothetically what if they were separated and they had not been writing to her this whole period and she was not aware of her husbands IVA (as the name suggests it's nothing to do with her). seem a bit of a sharp practice to me - any thoughts on a defence ? seems harsh as the original debt was listed in his IVA.
  3. AA123
    Hi A quick question if I may. A friend has a joint debt with wife. He was in an IVA which completed last year, the joint debt was subject to the Settled IVA. Wife was not in an IVA. Seven years after starting IVA - IVA friends wife has received letter saying they are pursuing for outstanding debt, they can't pursue him due to IVA so going after other name on joint account. I guess some of the payments to the IVA from him over term of IVA will have settled some of the debt. In the past seven years wife has made no payment to IVA and received no communication regarding the joint debt. Can wife be pursued for the debt or not as it is statute barred (over 6 years) ? Could company argue there have been payments to account in the last 6 years via husbands insolvency practitioner thus negating the statute barred defence ? Even though she has made no payments to account ? Could a solicitor file legal papers regarding this debt against the wife ? Thanks.
  4. AA123
    We had the hearing and the Judge has deferred judgement to next week. Those other side submitted a vast list of expenses for various things from hourly rates for completing witness statement speaking and drafting things fr counsel etc all totalling up to £1200 ish. The judgement hearing is next week and obviously if I lose we need to talk about costs. The fact they modified claim in last statement for an amount some 60% less than original claim takes the claim I to a band where all fees would have been lower Had the claim been for this around initially I may have settled (I was defending original rediculous claim) Their claim for inflated interest also took the claim over and into a higher admin fee band. So questions, can all of the above be taken into account when discussing costs and also from everything I had read I thought small claims costs were just limited to a max for a day off work and reasonable expert attendance and travel etc, this was on one website. Costs If you are successful, you can ask the Judge to award you ‘costs’ to reimburse you for any financial loss you have suffered to attend the hearing. However, if you are unsuccessful the defendant can ask for his/her costs as well! These ‘costs’ include: • any court fees paid; • an amount of not more than £50 per day each for the party, and any witnesses for loss of earnings due to attending the court hearing • costs for use of an expert up to a maximum of £200; • the party’s own and any witnesses’ expenses in attending court, for example, fares and accommodation; • any costs ordered by the Judge if one of the parties behaved in an unreasonable way. Costs will not be awarded by the court unless the successful party asks for them at the time the judgment is made in the hearing. If there has not been a hearing, the successful party will need to write to the court asking for costs. You will be expected to prove your costs so it is wise the keep any travel tickets, hotel invoices in case the Judge wants to see them. However if you have had the opportunity to settle this out of court, for example through an ombudsman or negotiations, and you didn’t, the court may not award you costs, even if you are successful. So as the defendant can I claim for the time in preparing statements etc or only for my 2 days off work to attend hearing and traveling expenses, in the event I win ?
  5. AA123
    interestingly enough with regards to their witness statement/response to my GF who didn't sign any terms but I put her name on a piece of paperwork at one point they have said; "the Agreement that was then duly signed on the X of Y 20cc by the first defendant (me) and clearly state in the name section on page 1 "me and GF". Upon signing the agreement (last page), the firstdefendant (me) upon stating Miss GF as a party to the agreement has held himself out as acting as agent on her behalf". elsewhere they refer to her as a "contracting party to the agreement". Is there any legal merit in this argument whatsoever ? I don't think there can be ? How can someone be held liable for someone else's alleged shortcomings ?
  6. AA123
    3 days late, their filing of the directions questionnaire was 4 days late also under the previous directions, they seem to have no regard for the courts orders. Also out of interest and since filing our defences their late witness statement documents now state they are applying for a reduced amount in their claim, now dropped from circa £3500 to £1900. One of the considerations for disputing the claim was due to it not being correct. Can they just modify the claim like this etc ? if for example you look at Professional Information Technology Consultants (PITC) vs Jones that went to appeal. The claimant modifying the claim/case at a late stage meant that the costs were not awarded entirely to the losing party, Is this something I could pursue if the claim is awarded against me, ie they hav changed their claim vs the one that was filed and I should not be liable for all costs as I may have considered settlement pre court in the event their claim had been correct ? or can the claimant simply not just change the claim as they have following items in my defence ?
  7. AA123
    We filed our witness statements and exhibits. The claimant did too, however they filed them to late, can I requets that these all be ignored as they are too late or does the jidge have discretion with this ? If so should I requets they are struck out at the hearing or in advance ? Thanks
  8. AA123
    Right, here are draft 1 of mine & GF witness statements. In them we have not really laid out a defense as such as I;m guessing the filed defense did that already. any feedback greatly appreciated. Thanks [ATTACH]45770[/ATTACH] [ATTACH]45769[/ATTACH] previosuly filed defences http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=44247&d=1370018221 [ATTACH]45772[/ATTACH] all names changed (sorry if they dont flow continuosly in the fake names between defence & statements, but I think they make sense)
  9. AA123
    I'm working on the witness statements now, should they just say what happened and that it with no legal argument as to why I am contesting the claim etc etc, are they literally just "the story" and the defence has already taken care of the argument ?
  10. AA123
    Thanks for all the information, very helpful. Just a quick one, the claim is only over £3000 because they had assumed the tenant stayed a full year in the renewal and their method of interest calculation was incorrect, which they have admitted in their statement. Either of those taken into account makes the claim less than £3000. May I ask where I can find what the hearing fee would be then ? or where I can find this info. In the unfortunate event that I/we were to lose could we request that the court hearing fee would have been less had they filed their claim correctly a)without assumptions (renewal period) and b) without their questionable interest claims. Would this £3k+ figure have affected any other costs they have filed e.g the application etc ? Thanks.
  11. AA123
    Have now received allocation of 3 hour slot at small claims court on Xth October, exchange docs at least 28 days before etc, witness statements etc, the claimants fee is £350 for small claims hearing, wow that's a lot on top of what they have paid already, if I lose will I have to pay that ? These witness statements, can they just be the same as the defence documents submitted above, is there any value in adding any more ? I will obviously include all bits of paperwork etc relevant to the defence for exchanging. The claimant has asked for strict proof that my G/F's tenant moved out on a certain date, is an email from the former tenenat to her confirming the date she moved out "strict proof" ? Thanks.
  12. AA123
    Yes, they had to file by 1st and pay fee, the next letter said they had till 19th or it would be struck out, so I guess they have complied with that bit. You know what you're doing more than me, so I guess I will do as you say - sit tight. thanks for the info, much appreciated.
  13. AA123
    Update, I received 2 letters today from the court: 1. That the claimant failed to file their N149 and pay the fee by the required deadline - 1st July 2013 (dated 9th July) 2. That the case has been sent to my local court (dated 10th July). So, I phoned the ccmcc service and asked when their form was received, they said the 3rd July. I asked if this meant I could now apply to have the claim struck out as they hadnt filed in time ? The person on the end of the phone said I can, and it would cost me £45 and to use form N244. so... questions: 1. If I apply to do this is it likely the court will strike out the claim as they didnt comply with the courts instructions or do they have discretion to say, well it was only 3 days late, claim stays in ? 2. If we do this will I get my £45 back from the court ? 3. Can they bring a new claim, exactly the same as the old one and start the hwol eprocess over again ? 3a) if so I presume they will have to pay more fees ? 4. If I do submit n244, should it be sent to ccmcc or to the local court that the file has now been passed to, or should I simply wait for trial date and then ask for it to be struck out there ? (though I'd sooner avoid court, even though only small claims). May I ask any people with knowledge for their views. Thanks again
  14. AA123
    Thanks for the reply SteamP, I must have been tired when I read your inital reply, sorry about that, the MUST in caps was a giveaway !! We have sent our N180's back and have received theirs today, likewise have received a reply to our defence, I have attached it below as 2 links, first one to remove personal details and second is the rest of the pages. Would value your thoughts. [ATTACH]44950[/ATTACH] [ATTACH]44951[/ATTACH] We dont have to reply to these do we, we can just wait now and see what the judge asks to be disclosed and if required reply later ? Thanks
  15. AA123
    thanks steamP good plan, so just to confirm as a layperson I can represent my GF and she doesn't have to attend court ? yes it has been allocated to small claims at this point.
  16. AA123
    Just found this also, as we have both filed claims is it too late to write to the court asking a judge to review the case agaisnt her with a view to strike out ? http://www.consumeractiongroup.co.uk/forum/showthread.php?308754-Should-I-bother-with-a-strike-out-application...
  17. AA123
    We have submitted the defence and received the directions forms, allocted to small claims, which I'm about to send back. Seeing as my GF has no link to the claimant whatsoever would now be the correct time to file for the claim to be struck out ? I have looked at N244 here http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf Q3 says what order are you asking the court to make ? Would anyone be able to offer some wording on this please and what I should put for these ? Q4 have you attached a draft of the order you are applying for ? Q5 How do you want this application dealth with ? q6 how long will hearing last q8 what level of judge does your hearing need Finally, rather than my girlfriend having to deal with her side of things (2 young children enough on her plate) as a lay person am I allwed/able to act/attend court on her behalf the same as a solicitor would etc ? Any help greartly appreciated. Thanks
  18. AA123
    steamP thanks again, will ammend as per recommendation, then need to get in the post this week.
  19. AA123
    Andy, Personally I feel it is most unhelpful that you have moved this back to the commercial lettings part of the site, it sat there for over a week and didnt get one reply, I asked a moderator to delete it and honeybee sugested moving it to legal (as it is a legal issue) since then it has received replies and very helpful information. Please could I ask that you or honeybee or citizenb please move it back to the legal part of the site where it is receiving the 'legal' the attention and helpful replies I was hoping for. Kind Regards AA
  20. AA123
    Thanks I have updated the attachment to make universal single name Miss Smith
  21. AA123
    I have had a go at Version 2 of my defence, I have tried to create a brief overview in the initial part and then followed up with detail. Appreciate any views on this, is it better, any changes recommended ? [ATTACH]44247[/ATTACH] version 2.1 (minor edit to correct a missed search and replace) All identifying features changed to fake names. Thanks
  22. AA123
    SteamP, Once again a fantastic comprehensive response which is very much appreciated, I shall update my defences taking into account all the fantastic information you've provided. I will update the thread post trial and also use the Nxxx form to try and have GF removes from the claim. Thanks again.
  23. AA123
    Hi STeamP, Fantastic response, I have replied in this attachment as to keep my formatting neat and tidy, if you or anyone can offer any further thoughts that would be great and then I will have a go at draft 2. My reply here to each of your points [ATTACH]44109[/ATTACH] Really appreciated
  24. AA123
    Hi SteamP, Thanks for taking the time to read the documents and also for taking the time to read the foxtons ruling, I have read them historically and again more recently, there are so many of them, wading through mud ! Having thought about this over the past few days I have a few more questions and thoughts that you (or anyone else) may be able to assist with.... 1. Is it correct that if I/we were to lose this case and pay the CCJ immediately (within 30 days) it wont appear on our credit files and/or affect our credit rating ? (is that automatic or do you have to do something to prevent this appearing in your credit file ?). Thinking future mortgage applications etc. 2. I attach a blank copy of the terms I signed and modified [ATTACH]44069[/ATTACH] as you may wonder which version I modified and signed. 3. Do you think I need to make more reference to unfair terms etc in my defense in a similar manner to how they are discussed in the Foxtons case. 4. Am I showing too much of my hand in advance by submitting the current draft defence and all exhibits, or does it make sense to do this ? When I spoke to moneyclaims they said they have seen it where the defendant makes a comprehensive defence and it's not unheard of for the case to be dropped. 5. I dont want it to come across as overly complex so the judge doesnt allocate to a track other thanthe small claims, to keep costs contained. 6. I would like to make sure this is heard in my local courts, I have enquired with the money claims service and they said I just fill someothing out on a form at a later date, rather than have to travel down to London. Is this correct ? 7. Do you thin it's possible the judge could/would drop the claim immediately agaisnt my GF on presentation of her defence, or does that generally not happen. Thanks again for reading and any answers/advice going forward.
  25. AA123
    okay thanks for your help. I will dig my notes out from last time, I;m sure there was a reason I added it from reading other stuff, I'll let you know if I find it.

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