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Travis.T

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Everything posted by Travis.T

  1. Have a look at my post....Claim struck out ...for the same reason Sabresheep has said in post 20 http://www.consumeractiongroup.co.uk/forum/showthread.php?458251-hoist-claimform-old-LLoyds-OD-Debt-poss-SB-d-***Claim-Struck-Out***
  2. Hi again...got the court papers/date a couple of weeks ago..set for 27 may ,with directions for both parties to comply .So I sent my witness statement to the court 16 days before the court date.(last wed I think) Just received letter from court Claim struck out Reason Hoist/cohen did not provide a witness statement within prescribed time and FAILED to pay fee on time as per directions of court.
  3. Hi again,some advice needed regarding this ... Defence served on Hoist/ Cohens 14 jan 2016.with the footnote that they must contact court within 28 days to proceed. Have just recieved court papers dated 27 april 2016 advising of mediation or to proceed to court. SHOULD this be stayed as it is well over the 28 days??????
  4. said same as post 1, was waiting for payment offer from JDW. Started getting letters from DCA's now don't know who or what to pay.
  5. spot on sidewinder.. "The Tribunal found that dismissal was justified. The Judge found that destruction of the CCTV evidence was reasonable as it was in line with company policy to delete after 14 days" another hurdle they hide behind is data protection.
  6. Sorry my mistake ...I meant Llowells.. Copy of agreement / default notice etc.. Oh and carters was a cpr request not a cca. "CPR does not apply as claim will probably by allocated to small claims as simple contractual matter.
  7. Thanks Andy..was worth a try It looks like I'll have to wait as DX said in post 10
  8. Defence filed awaiting claimants response. ..Carter refused cca request ..reason does not apply.. No response as yet from JD Wiliams. To be honest I don't think they have an agreement, my o/h seems to think she ordered the items online and they were then sent out. Neither of us can remember signing anything
  9. hi dx.. Yes I filed emb defence. I also added that I reserve the right to amend or file a full defence when the required documents are recieved. Providing that the claim is not statute barred..Don't know if this addition is valid or not !!
  10. re post 15... I also work for this company and our store follow procedures to the letter in cases like this.. An investigation starts the ball rolling...followed by an immediate suspension. An invitation is sent out by post for a disciplinary, where a police officer or a member of profit protection is present .It may be the store manager OR in most cases like this an independent manager from another store.. ALL the evidence is explained / shown to you at this time... and cctv is their biggest evidence as is the till counts etc.. To summarise This STINKS and as advised in other posts union legal team or solicitor
  11. This claim is for the sum of £349 in respect of monies owing persuant to an overdraft facility under bank acc No.xxxxxx. The debt was legaly assigned by MKDP llP (ex Lloyds banking group) to the claimant and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank acc. The claimant claims.. (1) the sum of £349 (2) Interest persuant to s69 of the county court act 1984 at a rate of 8% from the 28/05/10 to the date hereof 2047 is the sum of £157 (3)future interest accruing at the daily rate of £0.08 (4) Costs
  12. Name of the Claimant ? Hoist Portfolio Date of issue – 08/01/16 What is the claim for – 1.This claim is for the sum of £349 in respect of monies owing persuant to an overdraft facility under bank acc No.xxxxxx. The debt was legaly assigned by MKDP llP (ex Lloyds banking group) to the claimant and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank acc. 2.The claimant claims.. (1) the sum of £349 (2) Interest persuant to s69 of the county court act 1984 at a rate of 8% from the 28/05/10 to the date hereof 2047 is the sum of £157 (3)future interest accruing at the daily rate of £0.08 (4) Costs What is the value of the claim? £510 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft on current acc. When did you enter into the original agreement before or after 2007? Before 2007 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. Hoist Portfolio Were you aware the account had been assigned – did you receive a Notice of Assignment? Not aware of any assignment Did you receive a Default Notice from the original creditor? NO Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? Did not cease payments....Moved banks in 2002 What was the date of your last payment? n/a Was there a dispute with the original creditor that remains unresolved? Yes..dispute was over ppi and charges etc..( Bank was officially informed of dispute in 2001/2002 non compliance of sar ) Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO
  13. My O/H has just received a court claim for a Lloyds overdraft , She has not banked with Lloyds since 2002. She left the bank over a dispute regarding ppi etc.( The bank was formally informed the account was in dispute) The claim is by Hoist Portfolio via Howard Cohen. She has filed an embarrassed defence and will post a s77 cca request to Hoist in the morning as we have nothing regarding this account ie aggreement / default notice etc... Besides possibly being statute barred she doubt's if these documents actually exist... Does she now just wait for cca s77 compliance OR is there more she needs to do.
  14. As I have received a court claim..Do I still have to pay for a cca request and cpr request to solicitors.If so CCA I know is £1 ...How much for a CPR request??
  15. Acknowledgement of service done online.. Am currently drafting a CPR 31.14 request to Carters Any advice on what to do now..
  16. Name of the Claimant ? Lowell Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 26 Nov 15 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. Ammount due under an agreement between the original creditor and the defendant to provide finance/service or goods PLUS interest. What is the value of the claim? £191.23 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Catalogue When did you enter into the original agreement before or after 2007? After 2007 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. Apparently assigned to Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? NO I was not aware of assignment...and have never seen any notice of assignment Did you receive a Default Notice from the original creditor? NO default notice ever recieved. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Only recieved 1 after I phoned explaining my problems. Why did you cease payments? Money problems / stress / anxiety ect ect.. Wife was diagnosed with cancer of the spine,hospital appointments daily for 2 months ( a 30 mile round trip )Loosing time at work to meet these appointments and the financial stress this and other costs were creating caused a big problem money wise. What was the date of your last payment? Not sure Was there a dispute with the original creditor that remains unresolved? NO dispute Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? YES..I explained over the phone to J D Williams all of the above. I was told that they would put an agreement in place for reduced payments. It never happened...They just passed it on to DCA's. NOW I have a court claim from the Court Business ctr. For original claim + interest + court fee + legal cost's. My wife's treatment is still ongoing although less frequent now and I was just starting to get back on track with all my other payments etc etc.
  17. Claimant Lowell Date of issue 26 nov county court business ctr. Claim for monies due under original creditor (jd Williams) I was not aware of assignment to any of the dca who have been trying to claim money,and I believe I did get a notice of default sums after explaining my circumstances to jd williams. NO default notice ..nor any offer of any arrangement of payments. I cant remember when I last paid..had so much on my mind with radio therapy scans etc.etc.Treatment is still ongoing.. The account was not in dispute...I just requested a repayment scheme that would help me out and also repay them. It never happened they just passed the account/debt onto dca.
  18. Hi.. Ive just received a court claim from Brian Carter / Lowell for a JD Williams debt.!! The problem is I thought this account was on hold due to my circumstances. In the beginning of this year the OH was diagnosed with cancer of the spine, I informed JD Williams of this and explained the situation, I was told not to worry I could come to an arrangement with them.. .the next thing is I started receiving letters from dca's one I cant remember then fredrickson then lowells. I ignored them all rightly or wrongly !! Now I have received a court claim from Brian Carter/Lowells. Where do I stand here as I have had NO correspondance from JD Williams regarding this.....
  19. Parking Eye v Barry Beavis [2015] EWCA Civ 402. MOORE-BICK LJ If so, whether that caused a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the motorist The test for good faith was found at paragraph 17 of Lord Bingham’s judgment in Director General of Fair Trading v First National Bank Plc [2002] 1 AC 481 as: “One of fair and open dealing. Openness requires that the terms should be expressed fully, clearly and legibly, containing no concealed pitfalls or traps… Fair dealing requires that a supplier should not, whether deliberately or unconsciously, take advantage of the consumer’s necessity, indigence, lack of experience, unfamiliarity with the subject matter of the contract, weak bargaining position or any other factor listed in or analogous to those listed in Schedule 2 to the Regulations. FAIR and open dealing !!!
  20. Sorry armadillo.....This was not intended as a specific post. I was just introducing myself as a new member.The title has been changed..
  21. Hi I am Travis.T (of justice) and I have recently signed up to this forum. However I have been a frequent visitor for quite a while. I have had issues with DCA's etc.....Parking tickets etc plus other issues.To many in fact ( I'm on the wrong side of 60) so these issues have been over a lot of years. Dca's etc I give the run around..some give up others reduce the balance. My view is I will probably have to pay...When is a different matter. Parking tickets are a pain in the ...and I have recently received another,caught again anpr with a well known operator who has just received a recent Judgement.... My court case is beginning of next year,OR not. I will put full post up in a day or two...I just need to clarify 1 thing with these people first. ( the people have a job to do )....Its the Co.that sucks... Anyway I look forward to sharing my experience and advice/comments with you all:amen:
  22. Citizens advice Scotland have published a leaflet which is good place to start. Its not Fine
  23. Is this the one Foxy... 3JD08399 ParkingEye v Ms X. (Altrincham 17/03/2014). Fistral Beach. The defendant spent 31 minutes waiting for a car park space during the crowded holiday season. The ANPR evidence was therefore not relevant as it showed the time in the car park, not the time parked. The judge ruled this was not against the terms and conditions of the signage.
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