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

keltic10

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Everything posted by keltic10

  1. keltic10
    Just to let you know I have now agreed a settlement with the claimant - this is 2/3 of the original claim spread over 12 months! thanks for every bodies help, may not be the result i wanted but at least its now been sorted with a discount? cannot win them all! kelt
  2. keltic10
    pdf file (any help?)
  3. keltic10
    Mediation will be this Thursday via phone (agreed by all parties) - any thoughts please advise? I have now received some correspondences from Bryan carter xxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxx We write further to the above matter. Please find enclosed a copy of the agreement together the terms and conditions,statements and default notices. Our client intends to proceed with the claim and we have informed you under separate cover in this regard. Our client is however willing to enter into "without prejudice" negotiations to settle this matter by way of Tomlin Order. If you wish to discuss settlement on this matter, we should be grateful if you would contact our offices. We recommend you seek independent legal advice. your sincerely bryan carter ..................................................................................................................... I received a short handed version of a list of statements + a copy of a signed agreement which i can forward if required? (not sure if its genuine - the date does not look like my writing? but it was 9 years ago) A little puzzled that when I asked for this in 2010 they only sent me a copy of a unsigned agreement any thoughts please advise thank you kelt
  4. keltic10
    FedUp2TheMax thank you for your input, if you can let me know how you get on? Kelt
  5. keltic10
    I have now completed my questionnaire and will post it today to the courts and Bryan Carter Solicitors ! Directions questionnaire (small claim track) A1 do you agree to this case being referred to the small claims mediation service ----yes B - CONTACT DETAILS XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX C Track c1 Do you agree to small claims track is appropriate for this case ----yes D About the hearing d1 at which court hearing centre would you prefer the small claims hearing to take place ---- my local one (addressxxxxxxxxxx) d2 are you asking for the courts permission to use written evedence of an expert ---- no d3 how many witnesses, including yourself, will give evidence on your behalf at the hearing ---- one (myself) d4 are thereany days with in the next six months when you,an expert or a witness will not be able to attend court for the hearing ---- yes (time xxxxxxxxxxxx) will you be using an interpreter at the hearing ---- no signed xxxxxxxxxxxxxxxxxxxxxxxx .................................................................................................................................... just a note after reading this I am quite surprised they answered no to section D3 (no witnesses) is this an expected answer? thank you for all the help kelt
  6. keltic10
    The letter is from Bryan Carter and is not mine? Do you mean in my questionnaire I should be the witness? Also the questionnaire to reach the court 30-7-15 ! does this mean it can reach the court and solicitors any time on the 30th (i will post a next day delivery) thank you Kelt
  7. keltic10
    I have received the Claimant's Direction Questionnaire from Bryan Carter and a letter the letter states The claimant is prepared to settle this matter outside of court and we look forward to hearing from you regarding negotiations. yours sincerely Bryan Carter Questionnaire (i have completed this below in short hand) Mediation? A1 they agree to mediation track C1 Yes to small claims track About the hearing D1 County Court local to the defendant D2 No to written expertise D3 No witnesses D4 No interpreter
  8. keltic10
    thank you Andy
  9. keltic10
    Received a letter from County Court Business Centre! it states Important notice If you do not comply with this notice the court will make such order as appears appropriate. This could include striking out the claim or entering judgement. Take notice That 1. This is now a defended claim. 2. It appears that this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for this claim, you must complete box C 1 on the small claims direction Questionnaire (Form N180) and explain why. 3. You must by the 30 July 2015 complete the small claims Directions Questionnaire (Form N 180) and file it with the court office. the county court Business centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN12LH and serve copies on all other parties ....................................................................................................................................................... any advise would be welcome thanks
  10. keltic10
    standard letter from the courts dated 17th June 2015 acknowledgement of defence (claimant must contact courts with in 28 days) .............................................................................................................................................................. and letter from Bryan Carter 30th June 2015 xxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxx We are willing to formally confirm our client's intention to proceed with this matter. We will send notification to the court shortly but before we do so our client is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses,and if necessary to mediate. The court encourages this type of negotiation between parties. Please contact our helpful team on 0345xxxxxxxxxxx to discuss how we can come to an arrangement by consent. We recomment you seek independent legal advice. We look forward to hearing from you yours Sincerely Bryan Carter Solicitors
  11. keltic10
    Defence now submitted to the court! thank you Andy Kelt
  12. keltic10
    Particulars of Claim 1. The Claimants claim is for the sum of £4280.86, being monies due from the defendant to the claimant under an agreement regulated by the consumer crediticon act 1974 between the defendant and Capital Oneicon Under account reference xxxxxxxxxxxxxx and assigned to the claimant on 28/07/2014 Notice of which has been given to the defendant. 2. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with and the claimant claims £4280.86 The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 275.86 DEFENCE 1.Paragraph 1 is denied regarding the Defendant owing any monies to the claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request.Furthermore the Defendant has no knowledge of any legal assignment. I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925. 2. Paragraph 2 is denied. The Defendant has never been served a Default Notice pursuant to the CCA1974 . 3.Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement with the original creditor; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, 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.Despite a request being made under the consumer credit Act 1974, for the signed agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant remains in breach of the sec78 request pursuant to the CCA1974. 6.A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the signed agreement and other documents on which the Claimant claim relies upon. 7.Until such time the claimant can comply with the above sec78 request is therefore prevented from enforcing or seeking the relief claimed or any relief.
  13. keltic10
    thank you Andy, I have amended it, do you think its good to go? Particulars of Claim 1. The Claimants claim is for the sum of £4280.86, being monies due from the defendant to the claimant under an agreement regulated by the consumer crediticon act 1974 between the defendant and Capital Oneicon Under account reference xxxxxxxxxxxxxx and assigned to the claimant on 28/07/2014 Notice of which has been given to the defendant. 2. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with and the claimant claims £4280.86 The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 275.86 DEFENCE 1.Paragraph 1 is denied regarding the Defendant owing any monies to the claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request.Furthermore the Defendant has no knowledge of any legal assignment. I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925. 2. Paragraph 2 is denied. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number referred to in its Particulars of Claim and never been served a Default Notice pursuant to the CCA1974 . 3.Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement with the original creditor; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4.As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5.Despite a request being made under the consumer credit Act 1974, for the signed agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant remains in breach of the sec78 request. 6.A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the signed agreement and other documents on which the Claimant claim relies upon. 7.Until such time the claimant can comply with the above sec78 request is therefore prevented from enforcing or seeking the relief claimed or any relief. kelt
  14. keltic10
    Particulars of Claim 1. The Claimants claim is for the sum of £4280.86, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Capital One Under account reference xxxxxxxxxxxxxx and assigned to the claimant on 28/07/2014 Notice of which has been given to the defendant. 2. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with and the claimant claims £4280.86 The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 275.86 DEFENCE 1.Paragraph 1 is denied. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number referred to in its Particulars of Claim.Furthermore the Defendant has no knowledge of any legal assignment. I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925. 2. Paragraph 2 is denied. The Defendant has stated in Paragraph 1 has no knowledge of, or has in their possession any agreement pertaining to the account number referred to in its Particulars of Claim and never been served a Default Notice pursuant to the CCA1974 . 3.Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement with the original creditor; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, 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.Despite a request being made under the consumer credit Act 1974, for the signed agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant remains in breach of the sec78 request. 6.A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the signed agreement and other documents on which the Claimant claim relies upon. 7.Until such time the claimant can comply with the above sec78 request is therefore prevented from enforcing or seeking the relief claimed or any relief. I have now added the numbering in the particulars of claim and defence ? thank you kelt
  15. keltic10
    Its similar to one I have used before but adjusted it to suite the claim. I did not number them because they did not number the particulars of claim? I will look at the numbering shortly. no bodies checked it yet! thank you DX Kelt
  16. keltic10
    I am required to issue the defence this week, I would be grateful if some one can check my defence in number 6 (the particulars are above the defence) before I send it to the courts? thank you Keltic
  17. keltic10
    A Letter from Bryan Carter Solicitors LLP dated 8th June 2015 Dear Keltic, LOWELL PORTFOLIO l ltd v xxxxxxxxxxxxxxxx ACCOUNT NUMBER xxxxxxxxxxxx CLAIM NUMBER XXXXXXXX We write further to your letter dated 2 June 2015 requesting disclosure under Part 31.14 of the Civil Procedure Rules. We confirm the Claim Form was issued by the Northampton County Court Business Centre and that the Court's Protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by the Court. We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. It is our understanding that it is policy of the original creditor to issue agreements at the point of contract and statement throughout the duration of the agreement and, in this regard, we ask you to refer to your own records. We confirm evidence will be provided in accordance with the direction of the court. We confirm our client is not agreeable to an extension for filing your defence. We also confirm we are in receipt of your acknowledgement of service. We recommend you seek independent legal advice Yours Sincerely xxxxxxxxxxxxxxxxxxxxxx ......................................................................................................................................... can I use this letter as part of my defence i.e. that they are not using the correct procedure? thank you Kelt
  18. keltic10
    not sure what the previous question means? I realise the next step in this one is to give the court a defence, but I am not 100% sure if I have completed this correctly and what would the recommendation time be to submit this to the court? (about 4 days before the last day just in case the on line service as a problem)? thank you Kelt
  19. keltic10
    just like to make sure its correct? When its been checked do I send my defence near the end of the 33 day period? I have sent CPR 31.14 and the CCA request
  20. keltic10
    Particulars of Claim The Claimants claim is for the sum of £4280.86, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Capital One Under account reference xxxxxxxxxxxxxx and assigned to the claimant on 28/07/2014 Notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with and the claimant claims £4280.86 The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 275.86 DEFENCE The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number referred to in its Particulars of Claim. The Defendant has no knowledge of any legal assignment. I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925. The Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement with the original creditor; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. Despite a request being made under the consumer credit Act 1974, for the signed agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant remains in breach of the sec78 request. A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the signed agreement and other documents on which the Claimant claim relies upon. Until such time the claimant can comply with the above sec78 request is therefore prevented from enforcing or seeking the relief claimed or any relief. ........................................................................................................................................................... can anybody check this out before I sub mit it? thank you kelt
  21. keltic10
    Will do thank you
  22. keltic10
    sorry - thought you were commenting on my other post - capital one - yes its the same debt, i think our wires crossed slightly with "Cabot have bought another of my old debts" I was using the wording to start the thread!
  23. keltic10
    last payment January 2010, i don't think I was given a default notice. I always thought you can only go to court once on the same debt. Yorkshire bank went to court in 2011 concerning this debt so can Cabot now take me to court?
  24. keltic10
    No its another one but I have received no court action yet but i was wondering can this still go to court even though Yorkshire bank did this in 2011? I thought you can not receive court action twice for the same alleged debt? its a visa card debt thanks
  25. keltic10
    i have the original letter and a copy of the claim form from 2011

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