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Found 14 results

  1. Hello everyone, I have recently issued a small claim against a company, but do not want to go through with it any further. The defendant did issue a defence and requested for Mediation, but subsequently changed their mind. I was wondering if I can still issue a Notice of discontinuance (N279) form before the case being allocated to a track? If yes, which court do I write down? Should I send this via post to the Money Claims centre in Manchester or via email? I have been utilising the new beta Money Claims service, which does not provide information on the matter. I was wondering if anyone could assist me? I'm new to this and this is my first small claims case.
  2. Lloyds issued with legal directions for PPI breaches READ MORE HERE: https://www.gov.uk/government/news/lloyds-issued-with-legal-directions-for-ppi-breaches
  3. Hi, I am defending a multi track case and i have the DQ form: formfinder.hmctsformfinder.justice.gov.uk/n181-eng.pdf Am ok with the rest of the form but it is asking for draft directions, i have looked on google, can anyone point me as what draft directions i should be looking at putting forward?
  4. Hello, can anyone help me to fill in this directions questionnaire, it is a long story I have to tell. Myself and My Partner were living in a two bedroom bungalow that we purchased in 2006 we have 3 children now and the bungalow was too small but we couldn’t afford to move, his parents (who at the time were giving £50k to my partners brother and sister) said they would pay for an extension to our bungalow to the same value (because they didn’t trust him with money) this was great my partners dad instructed a builder (sorry trying to make this as short as possible) who built the extension (started April 2016 finished July 2016) I had no say in who was contracted to build I did have a say in the kitchen as long as I kept it below a certain figure and the bathroom, the builder was a shoddy worker in my opinion, told us we had to move out for a couple of days while he knocked through meanwhile 3 months later and still living at my parents while the builder (a friend of my partners dad) a man in his very late 50s and one other person was coming to my house at 9 am and leaving at 2 I left for work and to drop kids at school at 8:30 and came home around 2:30 there was no chance to speak to the builder I even took a day off work just so I could catch him to talk to (he was working on the roof and left my house exposed and the rain had poured into my kitchen hallway loft which I still had all my property in which got ruined) when I finally got to talking to him to ask why he left the house exposed why we were supposed to be moved out only for a few days and why it had turned into months he simply replied I am not working for you. My partners dad was not much help either he only used to come to give the man his cheques to which I didn’t even know how much was being paid out, eventually his dad realised he was being taken for a ride had an argument with the builder the work was botch finished and that was that. My partner then asked me in around November 2016 could I sign this piece of paper as my dad has spent so much on the house , it’s to do with tax , he said, so I did. Around December 2016 I was aware my father in law was pursuing the builder for shoddy unfinished work through a solicitor (the building work cannot be signed off until further works are finished which the builder has just ignored requests to come back and do) March 2017 I left the home with my 3 children after suffering domestic abuse I moved in with my mum and dad, on the 31st March I received a solicitor letter from mum and dad in law saying I owe them £47k. Before extension my bungalow worth £130k Then on 14th April another letter showing a loan agreement I had supposed to have signed on the 2nd April 2016 and with a valuation of my Home (£145k) and offering to buy me out for £5000. I was flabbergasted I could not afford legal help I just didn’t reply, in August 2017 I received another letter informing me they intend to go to court to recoup this money (all the while their son is living in the house and has changed the locks) i received the court papers and filed a defence but I’m just stuck now, I have this questionnaire to fill in by 16th November , I’m just annoyed that my house was worth £130k before works took place ive spent 11 years of my life paying my mortgage had the work not been done to sell it and split the interest I would have been looking at around £28k to walk away with, it’s had £47k spent on it and now it’s only worth £145k I know the money was really for him and they can have it back for him (which is why they are doing it) but the fact they controlled the whole thing (we have a builder living next door and the build should have only come to £35k had we had any say) it just annoys me they are calling it a loan when it wasn’t at all, surely if it was a loan discussion about repayment would have taken place, time scales etc the fact they only asked me for the repayment not both of us and the works have not been worth it and eaten into the interest already built up in the property. I am now in rented house with my children who’s father has not paid one penny towards since I left has not seen them since July I contacted child maintenance he has denied paternity of two of them (just to get out of paying, although he thought, he is obviously the father and the results have showed that so he is supposed to make payments now but hasn’t because he has put a change of circumstances in with the cms but he still has to pay (I am still waiting though, I won’t hold my breath) just trying to paint a picture of the people I’m dealing with) meanwhile I’m working two jobs just to try to provide my children with some sort of nicer life. the best thing about this is being free, now , we are all so much happier. To be fair they are going to get the attachment on the house which is what they are going to court for to ensure their sons interests because money talks I can’t afford a solicitor to help me I want to fight it all the way the best I can because it wasn’t a loan it was a gift. The “loan agreement” which I am supposed to have signed is an a4 piece of paper with this sentence on it “ we hereby loan the sum of £50k ( fifty thousand pounds) to (my partner name) and (my name) of (my address.) The loan is subject to an interest of 0% and is repayable on demand. Then my signature his signature and both parents signature I didn’t sign this I signed something in November 2016 not on this dated 2nd April I was even at work that day. Has anyone got any advice what so ever? Please xx
  5. Had to email the court to see where a claim against me was as hadnt received anything. Received an email from them today stating that due to me not filling out the questionnaire my defence was struck out, further down the email stated that the claim has also been struck out as the claimant did not file a directions questionnaire. I can pay money to have my defence considered, but its seems to be a standard email sent out as as the case has been struck out it is pretty irrelevant. My real questions are Can the claimant pay £XXX amount to reopen the case? If YES do I need to pay to have my questionnaire submitted or does it reset the clock? If they can do this will I be informed of this and my defence accepted? Full email below. Unfortunately we cannot process your Directions Questionnaire as it has been received outside of the time allowed. The defence has now been struck out. If you would still like to contest the claim you will need to apply to re-instate the defence. This application should be made using an N244 Application Notice and should be accompanied by a completed Directions Questionnaire. You will need to explain why you did not file your Directions Questionnaire within the deadline provided and why you feel you should still be allowed to contest the claim. All forms can be downloaded from www.justice.gov.uk/forms. If the claim against you was for over £10,000 please attach an N181 Directions Questionnaire; for claims of £10,000 or under please attach an N180 Directions Questionnaire. You will need to provide one copy of the application for each defendant, one copy for the claimant and one copy for the court. There is a £100 court fee to process the application without a hearing or a £255 court fee to process the application with a hearing, payable by cheque or postal order to HMCTS or by card by calling the Helpdesk between 9am and 3:15pm. If you are applying as an individual rather than on behalf of a company and you cannot afford to pay this fee you can check if you are eligible for help with fees by downloading the EX160A booklet. Please note that the claim has also been struck out as the claimant did not file a directions questionnaire. Please note, applications are not automatically granted. The outcome of your application is at the discretion of the District Judge or court appointed Legal Advisor. If you require any further information please contact our helpdesk on the number below. Alternatively you can email us at ccbc@hmcts.gsi.gov.uk; Please ensure that you state the above case number in the subject heading of your email
  6. Hi. I'm being taken to court over an alleged debt that I thought was unenforcable. I'm not sure how to respond to the court questionnaire. Brief Background In September 2012 I made a CCA request to Lloyds and their DCA at the time (Robinson Way) over an alleged debt from 2003. My request was ignored. "You owe us money" letters continued to arrive. In November 2012, I re-requested the CCA from them both, adding that I required a "legally enforcable original signed consumer credit agreement" before I would correspond with them any further. I heard nothing for 18 months more or less. Then, in 2014 I began to receive letters from First Credit. I ignored these, and binned them without reading. Current Situtation In August 2015 I received a Claim Form from the County Court Business Centre (the claimant was First Credit). It required me to admit the debt or file a defence. I realised it would be foolish to ignore this. I gave the non-response to the CCA request as my defence (exact wording below). A few days ago I received a Notice of Proposed Allocation to the Small Claims Track, accompanied by a Directions Questionnaire. It asks about dates / locations for a court hearing, and also if I agree to the case being referred the Small Claims Mediation Service. How should I respond? Should I bother with the mediation? I don't want to come across as unreasonable, but in this case I don't see what help the mediators could provide. I would like to avoid court if at all possible, and I don't see how they can actually take it to court without having provided me with the requested CCA.
  7. Hi there, I've been on the Work Program for about a month, they're useless, but it's something I can put up with. For reference I only claim standard JSA. But that said, I've been sent (via post) of an action that I never actually made any formal agreement to. So I wonder, are WP providers legally able to make applications to anything (job fairs, training courses, or even actual jobs) without discussing them with you and without you agreeing to it? And what would be the best course of action to challenge (or prevent) any of these that possibly come up in the future? Cheers -slargfish
  8. Good Evening I am sure I have not posted about this actual debt before so wont get told off. I received a claim form from the court on 10th Feb from Lowell portfolio which I replied to and defended sayind I had asked for a cca and a sar which I had not received a reply to I have now today received a notice of proposed allocation to small claims track now I believe I just fill this in saying I case be referred to small claims mediation service what worries me is I did this with the form I received for a different debt next thinh I know the judge awarded for the claimant don't want to be in that situation again should I just go ahead fill this form in and wait or should I be writing to someone else MANY THANKS
  9. An ex colleague is asking for my help ref a claim from a DCA It is a MCOL He has sent the defence back stating no response to 31.14 etc Today he received a letter from Northampton with a Directions Questionnaire. Form N180 Why is Northampton sending a directions questionnaire? And not his local court The N180 form has no section to attach draft application notice for directions (strike out) TTHE N149 AND N150 ALLOCATION QUESTIONNAIRE HAVE BEEN REPLACED BY THE N180 DIRECTIONS QUESTIONNAIRE Something is not right or am i missing something?
  10. I need some help before a court date with an order from the courts with directions,
  11. I hope they fix it quicker than they did the flyover as this is Olympic territory......shame:x http://www.bbc.co.uk/news/uk-england-london-18751083
  12. Hi A Section 21 is **alleged** to have been served "personally" by my landlord. However, this was genuinely not received, and the date of alleged "service" is during a time when I was actually staying in a hotel in Birmingham, hundreds of miles away. Anyway, I filled in the defence form and sent it back. Got the following response from the court: Before District Judge XXX sitting at XXX County Court IT IS ORDERED THAT Dispute as to service of NSP List on notice ELH for 20 minutes for directions. Hearing is set for XXXX at XXX at XXXX County Court. Questions: 1) What is the aim of the directions hearing? 2) What outcomes can come from a directions hearing, can eviction or claim struck out be ordered? 3) What is NSP? Thanks!
  13. Somebody opened an account in my name and extracted just under 5K. Instead of involving the police the bank, which I will call GnatAntiEast, decided to remedy their mistake by suing me. Following the advice on this site, which I have found very useful, I put in a CPR 31.14 request for the agreement. They offered to agree to extend the period for defence submission by 2 weeks AFTER I had the agreement. My questions are: Does the defence period for submission deadline have an absolute maximum and if so what is it? Would the court agree to a contingent extension? Does the agreement returned have to have identity evidence that may have accompanied its original submission? Can CPR 18 be used to expand details from the agreement while the track is undecided? Especially in a case like mine, most of the evidence lies with the claimant, and usually in the small claims court, forcing disclosure is not an option. I noticed some discussion of 'Directions' as a proxy for disclosure at the Allocation of track stage. How successful has that proved to be? If 'Directions' prove not to be an option has anyone found using a counterclaim of defamation ( for > 5K) or harassment a useful tactic? Finally some more general questions: The chequebook/credit card/debit card was not delivered to my address. Is the bank so incompetent to permit collect of these items from the bank branch or have them delivered to some other address? If the post office was used to redirect mail is there a database listing such diversions? I have reported this to the police. The problem is that they do not regard me as an injured party and frankly didn't seem that interested. I told the bank I had reported the matter, giving crime number and contact details but they had the brass neck to came back saying that they had phoned but the police weren't getting back to them! My feeling is that they fancy their chances with 'on the balance of probabilities' rather then 'beyond reasonable doubt'. I did start the SAR route but as it is an identity theft case I do not have the correct signature. As I do not intend to give them id data that would bolster their case I am considering a notary. However if I end up in the small claims track I believe they can refuse to divulge data; additionally they can delay for 40 days. I had no communication with the bank until letters demanding payment.
  14. Hi. Old Egg Debt been round a few DCA and now been sold to AK. Only documents I have had are copy of a agreement not sure if it is enforcable, as other DCA have not persued this but sent it back to EGG. Also have T & C but seperate and not sure if they relate to this agreement. Would like a bit of advise on how to proceed. Agreement attached. egg 21.pdf
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