Thanks

Ive filled it in and have copied both the strike out notice and the discontinue one and added that to it as well

fingers crossed

My apologies Andy

I was under the misunderstanding after reading your reply "It shouldnt get to the Allocation Stage" that it wouldnt go to this part

I presume the allocation stage is after i have filled in the N180 form in

thanks Again

Received this in the post today

looks like its gone to allocation stage for some reason

Mentions If i believe that this track is not the appropiate track for the claim i must complete box c1 on the 180 Form and explain why

Im presuming that i just need put the defence in the box again ?

Any idea why as to where is says i have filed a defence it is crossed out?

What Now?

Many Thanks Andy

Just a case of playing the waiting game again now i guess

No worries.... just give me a nudge nearer the defence due date (2/3 days before)

 

 

Andy

Hi Andy Appreciate the Help

My computer has gone Kaput and stopped working soi now have limited access to a real PC so to speak

Im back at work on Tuesday so I dont suppose there is and chance of some help with the Defence again so i can send it off and put my mind at rest ?

Really appreciate the help so far

No the errors have not been sorted out

Its Hardly betterment because im left with a boiler that constantly loses pressure and is quite hit or miss (Before we had this boiler fitted we had an old (But working) Back boiler with only costly gas issues

Now this system isnt even fitted to standard .

they are more than welcome to come and remove it provided they leave me as i was before with a working system

My plan was to get this court case sorted

(Which i thought it was after being struck out )

and then sort out fitting of a new boiler from a company that will fit it properly

Andyorch again I appreciate your help on the defence

its all very messing and not straight forward now it has been struck out and they are trying to get to court again

First Claim £4985.52 + Court Fees = £5170.52 (Claim Date 26th Sept 2014 & Discontinued on 31-10-2014)

Second CLaim £4619.00 + Court Fees = 4804.00 (Claim Date 28th April 2017 & STRUCK OUT BY JUDGE on 3-Nov 2017

Third Claim £3859.00 + Court Fees = £4044.0 Claim Date 12th Feb 2018

here

Update Again

Just recieved 2 brown letters from Northampton court one for me and one in my wifes name which is a claim form

Particulars of claim:-

A boiler replacment agreement was signed on 29-11-2013 by XXXXXXXX and XXXXXXX Purusant to whch Mr XXX XXXXXX & Mrs XXXXXXX agreed to make payments to the creditot to pay for a grade A central heating boiler the amount due at the date of the claim is £3859.

This sum consists of :- Missed payments and administration charges totalling £60.00 including VAT =£37 VAT on the Charges we are to incur for the court fees

The purchase price for the baoiler as set out in schedual 3 of the agreement at any time prior to the sixth anniversary of the agreement is £3762.00

the claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from 30/11/2017 to 09/02/2018 on £3859.00 ans also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.84

Please help in how to respond to this it is beyond as joke now

the discontinued first claim form

the second time they tried was struck out on 3-11-2017 and now this again 3rd claim form 3rd different amount claimed

Another letter today One sent recorded delivery and one sent normal post

This one was headed a "Formal Default Notice"

Getting sick of this now its A joke and i think it could be border line Harrasment

a copy of the judges order striking out the case on 3-11-17 has been sent to them after the last letter!

letter states i have missed payments dating

November 2017

December 2017

January 2018

Between the period of march 2015 and october 2017 no payments of your account have been made.

This total;s the amount of £1940.61 which has been removed from your account due to the previous court claim outcome (The claim was STRUCK OUT 3rd November 2017)

you failed to make the payments which were due on the following dates

November 2017 £48.69

December 2017 £48.69

January 2018 £48.69

you are in breach of contract under the conditional sale agreement in that you have two or more monthly payments outstanding in arrers.

Please contact us as soon as possible on the confirmed contact details

Please note that if a payment to remedy the breach is not made and received to us by the specified date stated in the default notice (9-2-18) legal action will be taken and it may be difficult for you to obtain credit

Does it make a difference that the amount they are trying to claim has changed

it seems they have just written any previous missed payments off and have started the payments again and now because i have missed 2 they are sending a default

so because it is a different amount it will be classed as a different case even though it is the same agreement number

Morning all

Ive just had the post and in it was a letter from a shade greener which contained a DEFAULT NOTICE !!

this is after a first claim was discontinued by them and the second claim STRUCK OUT by the judge because they had never send me a default notice before

It is for a different amount so it looks like they have written off any of the missed payments from before

i presume that its only a matter of time before they put an online claim in and try it on again in the courts system

this will be the third time when they do

I appreciate advice has been given to ignore

but they can put an online application in again and i have no option to respond the courts but id like to have a response when the time comes

Sorry to bring this up again

Just had a phone call from a shader greener informing me that after the courtcase was struck out i am to reinstate my direct debit!!

apparently it was agreed at court that this would be the case

told them to stop calling as this was starting to become harassment and that if they so wanted they should take it further

Sick to the back teeth of this

Thanks for the advice it's much appreciated

I wonder how long it is before I get a default thru my letterbox now and then shortly after another claim form

How would I reply?

Just send a copy of the judgment where it is struck out

Here we go again.....like a dog with a bone

Pervious claim was struck out because as it was a regulated under the consumer credit act 1972 and they had sent or served no statutory default notice prior to the issue of proceedings

Just received a letter from a shade greener

Dear.......

We write to you following attendance of the hearing at the count court at grimsby on the 25th October 2017

As per the judges order the case has been dismissed and the arrears to date are to be wavered in an attempt to resolve this.

Please see enclosed a direct debit mandate in which we require you to complete and return in the pre paid envelope provided in order to Commence your monthly payments.

We note that you also require a service to the equipment in the property as this is overdue due to the previous court action

please contact the servicing team on %£%£%£=£=£=€ to arrange your service no later than close of play on 22nd November 2017

Please note failure to arrange annual servicing by the company is a breach of contract and legal action may be taken

There is also a payment due by the end of the month (november)

if we cannot agree a payment via direct debit for this month a c a Rd payment over the telephone is required to cover this month's payment

Please not that if you fall 2 or more monthly payments behind on your contractual payments legal action may be taken

Yours a shade greener

So it's been discontinued once

Now it's been struck out by a judge because they didn't serve with a default

And now I received this letter which is telling me there planning on taking it to court again

Can this be done?

Thanks in advance

Just had a look around and this is what was mentioned My apoligies not CPR it was CCA 86

Consumer credit act 1974 part 86 b c & d

https://www.legislation.gov.uk/ukpga/1974/39/section/86B

Thats a huge weight of my mind

until they start sending people to my door again

in the judges words

"This may be the end of the matter"

which led me to believe that they were gonna go back to court once they have gone back and sent me a notice of default on said account

because they haven't sent this i am not liable and cannot be taken to court

No doubt they will try it again and just put different amounts in the claim box

No mention of costs

Im sure thats what she said Andy

Something to do with the fact that they have never served me with a notice of default sums on a conditional sale act

The judge more or less stated that they need to go back and do it proper and that it may end up back in court once they have it

UPDATE

Been to court this morning

The claimant was 45 mins late after going to the wrong county court to which the judge agreed

Before i went in the usher asked if i had received the bundle of evidence they sent the other week so the allowed that as well !!

Anyway long story short we sat down and the judge asked where the default notice was to which they didnt have one so then she STRUCK OUT the claim (CPR 86 b c & d were quoted)

So looks like its back to the drawing board and looks like i will have to go thru this circus yet again !

Its been going on far too long now

Thank you

Yes the date was changed to the 25th October

I'm starting to feel that the court is already on the side of the claimant

What's the point of the court putting a deadline date on a letter if it's not going to be enforced

Firstly letting it get to this stage even after they havnt reapplied to take it back to court after discontinuing last time and more so if this new evidence that they have sent is allowed

It seems very unfair to me

I'll be pleased when it's over

Ive just had a letter come htru from a shade greener which was signed for

It appears to be a NEW bundle of statements and supporting documentation to which they have sent to the courts and myself

They have already filed one to the courts which i received on/around 15th July

I am presuming that because this if after the deadline that the court set for sending documentation of the 27th July 2017 that this will not be accepted by the courts?

Nearly there

Anyone please?

Searching but cannot find a definitive answer as to whether this evidence will be allowed by the courts

Morning All

Quick update

Ive just had a letter from Restons more or less saying that the note i have filed a defence BUT they are saying i dont stand a chance in defending it and unless i withdrwaw my defence withing the next 14 days i am likley to incur more charges

More interestingley they say that information recieved from cabot say that i last made a payment on or around 17 feb 2015! even though i have a letter from CABOT saying the last payment was made on 10th November 2010

I will post the full letter up when i get in from work but i was wondering if this is the usual kind of thing that they do (They even kindly attached another admision form to the letter in case i misplaced the other copy they sent me

I just find it funny that the letter from Restons says last payment was made n 17 Feb 2015 yet Cabots say it was 10 nov 2010 and then they want to take me to court with this kind of evidence

Thanks Andy

No directions for me

Received this yesterday which is my court date

just a couple of questions i dont understand

1 The case was previously discontinued (Under another claim number) tThis was mentioned in my defence but again ive not heard as to whether this was allowed by a judge

2 On this letter yo can see it mentions :- Unless the claimant does by 4:00Pm on the 30th August 2017 Pay the court a trial fee of £335.00 or file a properly completed application then the claim will be struck out with effect from 30 August 2017 without further order and unless the court oders otherwise..........

What does this mean and what is the £335 that they have to pay for ? or is this the re application fee to take it back to court as mentioned in number 1

Thanks In advance .....Nearly there now