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miteaide

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  1. Thank you for replying The defendant disputed the claim but filed/served no evidence as it doesnt have to before a trial. This financial institution then paid back what money it had of mine but not the court fee, 8% interest etc so the stay on N1 form notes does not apply.
  2. If a claimant makes an application to lift a stay that does not exist, what sanctions could before the claimant? What tools does the court or defendant have to get the claim thrown out despite being valid in these circumstances? The claim status is unknown after the defendant filled its defence and the court does not respond to communication.
  3. There's no such thing as the small claims court, just a small claims track allocated to later in the process if the claim fits the criteria. Depending on how you make a claim in E&W (CCMCC, MCOL or online civil money claims pilot), it could take 4 months+ before the claim is allocated. At any time before allocation, the defendant can use the full menu of CPR to apply for your claim to be struck out costing you £2k+ in solicitors fees.
  4. The compliance phone interview is purely to get inconsistent information out of benefit recipients. DWP CFCD are also conscious that average mortality rates dictate the timescale for recovering over payments. Sorry its not nice but its a fact. It may be better for anyone in similar situation to ask DWP for a pension credit application form an re-apply with honest answers (or print this off https://www.nidirect.gov.uk/publications/pension-credit-application-form )as DWP will probably refuse to provide you with one. Send it to your local DWP pension office. That way, DWP will then have the facts. You have to be in receipt of many thousands your not entitled to before DWP take any action. The maximum Pension Credit anyone can get each year is about £4,000. If you've been working all your life, its doubtful your even entitled to PC due to NI contribution, SSP/SERPS/private pension. The rules changed recently regarding spouses age and if your husband is under pension age, eligibly is now different.
  5. You advised someone to engage in fraudulent activity in order to deceive the DWP.We do not do this kind of thing on this forum. If you want to give this kind of advice then you will have to find somewhere else to do it. Thank you
  6. I put in a county court claim against a company that owed me money for quite some time. In their defence submission, they said they would return the money. The company says it will apply for an order to have the claim stopped without my agreement. How can I stop or object to this? What about my court fees and statutory interest at 8% which I've not got back so am out of pocket?
  7. Could anybody help by suggesting what reasons a bank as defendant could apply for Strike out and or summary judgement for a court claim issued by a depositor as follows. Claimant opens a fixed term savings account online and deposits by debit card. The bank adds interest and after the term ends, the claimant writes a letter of instruction as the T&Cs require asking for the money back by cheque as the bank can pay by cheque, FPS etc. This is refused, claiming fraud, signatures does not match (bond was opened online so didn't get a signature at the time) etc. What excuses do you think could the bank use to get the claim stopped before allocation to small claims track?
  8. Quick settlement might be because of no police criminal prosecution, bolstering the civil claim. As well as the fact you need expensive reports by 'experts' in order to prove a claim, chipping away at the final figure. The outcome of any future court case is in the ambulance chasing solicitors hands. Having rejected offer, the solicitor will throw his toys out of the pram and screw up the case, resulting in the judge dismissing the claim and somehow landing the aggrieved party with costs even though it was CFA. Tell the solicitor your won't accept less than an out of court settlement done like on the telly - 2 sets of 'barristers', solicitors and paralegals shuffling from room to room negotiating the final figure. The young lady needs to read the contract she has with the solicitors and ask what the bill with would be should she want to take the claim away from them.
  9. To give you the experience you need, the £25 fee is automatically added during the latter steps of the claim form process online with MCOL. Just put in £5 as your claims (plus interest if you are claiming but that will be negligible). There is no such thing as a small claims court - its only becomes a small claim once the claim is allocated to track and it could be well over a month from submitting your claim to that happening. To echo other posters, watch what you are doing because England and Wales CPR give district judges (and nosey & spiteful court staff) a lot of power so make sure of your pre-action protocol. In the meantime, an application to strike out your case could go in landing you with £thousands in costs. Perhaps you should put in a FOI to find out many £5 claimants there are per month? Good luck!
  10. Under CPR 3.3, I think you’ve got good reason for the case to be rewound to the beginning because of improper service. Experience usually shows when you want to get the court to do something, they require £255 with a N244 application. I've heard on radio programmes and possibly TV where people have turned up to hearing centres had the admin people put the file in front of a judge. After waiting around for half an hour, an order has been printed out. My experience with court staff, this could only be done with charm, manipulation, waterworks and feigning utter incompetence and bewilderment. As I've prevoulsly pointed out in other posts, because the claim has probably not been allocated to track, you could be stung for costs which usually start at £1k.
  11. Exactly my point. Litigants in person are partially unaware, especially using MCOL. The period between instigating a claim and allocation after submission of the directions questionnaire, you're not on the small claims track and are subject to costs. See CPR 24 and CPR 3A, para 5.1 stating practice direction 23A. How it normally works against them who know the system is a LIP will issue a N1 claim to the defendant. Amalgamated incorporated acknowledge service and says they will defend. They issue a short defence and make application for strike out and/or summary judgement. HMCTS will send the case off to the relevant court venue who will arrange a hearing about 2 weeks after that. The defendant will issue witness statements, skeleton arguments and full defence a day before the hearing. The LIP has then got their work cut out.
  12. Are you saying should you settle? You could send a without prejudice email/letter suggesting a settlement figure. FYI, I'd make sure the claim is allocated to small claims track before the defendant also submits an application for strike out and or summary judgement, hitting you with £thousands in costs. Since they are a corporation, its probable that they will have won against many people in your circumstances before. From your 147 case experience, you should know that 'ambush them in court' means confronting their agent, a confused newly qualified junior barrister who got the case on the previous night. Readers to this thread should also know that set-aside for default judgements is basically a right rather than a process. As long as you fill in the Application form correctly, pay the fee and write something that looks like a defence.
  13. Just to chip in, if you were using ADR, the 2015 Alternative dispute resolution for consumers act allows you escalate to Ombudsman online so I don't know how they would manage the ID process online. The FOS have a tendency to do this ID process with consumers they don't like every time you interact with them.
  14. This is a prime example and a salutary tale for others of why energy companies (and others with a supplier relationship) only need your supply address and email address (preferably disposable) for contact. Phone numbers, mobile etc are totally superfluous.
  15. The FOS told me: Any cheques or payments that are "goodwill payment" can be banked and you can still take the complaint to the FOS. "in full and final settlement of your complaint" cannot be banked if you want the FOS to look at it. In your instance, the final phrase that was dropped in was "full and final settlement" and its that what has got you in the ambiguity. When the FOS say they won't take it on, that’s an opinion and you are legally entitled to a final decision from an Ombudsman. However, its rare for final decisions to overturn the initial opinion. I would tread carefully as if you put in another complaint that goes to the FOS, Instant Cash Loans will point out to the ombudsman that this has already been considered and so is out of jurisdiction and out of time if over 6 months. Even if the complaints are completely different, the FOS are eager not to do any work and will agree with the companies dispute claim. You disagree with the adjudicator and ask for a final decision and find the ombudsman has completely ignored all of your case submission and before you know it, case is determined in the banks favour. End of the road.
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