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Found 18 results

  1. ive had a ticket from the same carpark and im being taken to court at the end of september, are you able to update as to how you got on and what defence you used? am i able to use your pictures? i parked at night time and was visiting Khans, didnt realise i would have to pay at 9pm, plus it was dark so missed the signs. im really hoping that at the very least i just pay the parking charge of £60 as now the charge is at £300 and i just think that is disgusting!
  2. Hi - I have looked through the stickies and can't seem to find this. On allocation form (as a Claimant), it says to pay the 'allocation fee' Is this the same as hearing fee? Or a different fee? Thanks, MH
  3. Good evening, could someone please help me out on where I go with this. Earlier in the year I received court papers re a debt to Lowell which was previously with a mobile phone company. I acknowledged online and submitter my defence based on it being statue barred. I received a letter saying the claimant has 28 to respond or it is stayed. No response I expected it to be stayed. I then received the notice of proposed allocation to small claims court had to fill in if I wanted mediation (said no) along with what dates I'm available etc. Directions questionnaire I think this was form N180 Today I returned from holiday saying its been allocated to the small claims court in August and a hearing fee was payable by the claimant by the end of June. I've no idea if this has been paid. It then goes on to say I have till a few days time from now to prepare and send in copies of all documents. So as you can see not a lot of time. My problem is this, I'm positive it's statue barred but don't have any paperwork to hand as its years old. What do I do now? Do I write to all parties now saying this or what ? I could maybe get a copy of my credit file showing that it isn't on there or in the closed accounts obviously time is of the essence. Any help would be greatly appreciated. Just to add I was previously told not sure if rightly or wrongly that it's down to them to prove I owe it and it's not statue barred, not me to prove it is statue barred, hence why I haven't gotten anything together on it. I've basically been waiting for them to provide proof it either is or isn't.
  4. Having received court paperwork from hoist portfolio holding for a old HSBC overdraft And loan all merged into one account. Sent hoist solicitors a CPR request After hearing nothing submitted a holding defence I now have notice of proposed allocation to small claims track Do I need to tick no to small claims track being appropriate as they have failed with CPR request Can only find conflicting information looking online about what to put:boxing:
  5. Hi all, Im at a complete loss. I got a ccj claim and thought id filled it all in correctly - wasn't entirely sure what the debt was, Im thinking a payday loan that I abandoned. I filled in acknowledgement of service and defended the claim using information I found through researching my problem and using an appropriate template from here or so I thought. I got a Notice of proposed allocation to the small claims track and have to reply in a few days and I don't know what I have done. Or more importantly what to do. Ive buried my head in the sand and Im just at a loss with it all. I think Im getting somewhere with my debts and then I go and mess it all up (sorry I know that is very woe is me) Having a really tough time at the moment with home life and anxiety and this is just pushing me to the edge. Just sold our home to move into rented accommodation and the last thing I need is a ccj causing me issues with renting a place Can anyone please advise? Many Thanks
  6. If a claim is started for small sum against a financial corporation and for some reason it gets allocated to the multitrack then huge cost are payable for losing.. If it gets to allocation and you pull out then you must pay costs up to that point, but how much is it likely to be for a self litigant? I know it can vary but does anyone know of a case where this happened? Corporate lawyers costs hundreds per hour so I guess it could be thousands by the time they have filed a defence and allocation hearing?
  7. Could I please have opinions as to whether this guarantor agreement linked below would be legally upheld - the landlord referred on this to is actually the letting agent, and the witness is also an employee of the same agent. A county court claim has been issued for an amount of rent oustanding less than £1000 but has nearly doubled due to their charges and fees despite the claim form stating no solicitor has been instructed... No breakdown of fees was given with the tenancy agreement (referred to as an appendix but not provided) and has been requested twice but not provided so we are minded to dispute the claim based on the unreasonable fees (the rent is still being paid by the tenant) http://s6.postimg.org/hcha1cpm9/img023.jpg http://s6.postimg.org/god0w5ga9/img024.jpg http://s6.postimg.org/th14w2rw1/img025.jpg Any views welcome please
  8. We have received a N149B (notice of proposed allocation to the Fast Track) from the county court business centre with a questionnaire attached to complete and return. We must reply by the 27th April, the debt is for a Sandander Loan taken out in Oct 2006, but we have received a Claim from Hoist Portfoilio Holding (Solicitor Howard, Cohen and Co). I replied to the Claim on moneyclaim, and also wrote to Howard Cohen with the Status Barred letter. How to I need to act as regards to the N149B??? I am completely in the dark now Thank you Molley
  9. Hi fellow Caggers . . . i've just had a chat to a couple of friends who run a digital print company and it appears that when 'Old Co' was going through troubles they had a couple of suppliers taking them to court. In the meantime they had decided to stay in print and started 'New Co' . . . at some point between the two dates, judgement was given to the suppliers and CCJ's were given but have been placed on the books of New Co. At the time of the cases New Co wasn't even trading and as it is a legal entity in its own right is this legal? Can they have the CCJ's on New Co set aside or expunged? I'm guessing here, but is this an error of the courts? and as such it is at their cost to expunge/delete these? Thanks in advance guys . . .
  10. Hi, I posted on here a few years ago when my partner was having trouble with Lowell, for years she has received threatening letters and finally a court letter arrived and she filed her defence as per the statute barred template defence from previous threads. They have come back saying as above, notice of allocation to small claims track so seem persistent. She is 99.9% sure she has not paid anything for 7-8 years on this originally Lloyds account but because they are pushing it is worried she has it wrong. She tried to call Lloyds a few weeks ago to ask when the last payment was made but they said it had been passed over and they couldn't give her the answer, is this correct? We have checked her credit report and nothing shows for Lloyds however it does show her defaulting to Lowells for the past 18-24 months. Are they allowed to do this? It appears they have just started a fresh record on her file from a start date that they have made up. she is now in a position where she needs to reply to the notice of allocation to small claims track but doesn't know what to put. We are both confused to agreeing when she has already defended it as statute barred. From reading on here it is up to them to prove it does exist but does that mean it can get to small claims before they provide proof? Any help on this issue is hugely appreciated. T he form has to be sent back by 11th August however the letter was only received this morning and we go away Weds afternoon so wanted to submit before then. Thanks Forest5
  11. Hi, Basically i have an old debt with Capital one which has been passed onto Lowell DCA. I requested details of the debt under s87. DCA replied and sent a photocopy of the agreement with no terms and conditions etc. I then ignored the DCA to which northampton bulk centre stepped in and filled my defence asking for all GENUINE signed documents to be sent to me.. I have not received any documents from them since. I then received a notice of allocation to the small claims track hearing. The parties shall serve upon each other and file at the court 14 days before the hearing date A) Written statements of evidence of any witness. B) Copies of documents relied upon The original document shall be brought to the hearing. Is there anything i need to do or worry about with this case? What i must say though is the name on all documents that they and the court have sent has the incorrect surname on. As i changed my name since the last use of the card but before any action being taken. I have checked my credit file and also notice that they hold the wrongdate of birth on the account.
  12. I filled a claim against Barclaycard charges. I was expecting to receive an allocation questionnaire form N149 not direction questionnaire N180 which does not contain the section G (additional information). My question how do I attach the draf direction to the N180. Pease any advice ?
  13. Hi i wonder if you wonderful people would be able to help, my legal knowledge does not stretch this far. Last year we were sued by a customer in the small claims court which we lost.We had a date with which we were supposed to pay the claimant but he avoided our payment. I informed the court on every level and wrote and called them several times to inform them we had tried to pay. Eventually it went back to court and the judge said we had to pay within 7 days, we were given bank details and paid the amount. In the original case the judge said that when payment was made we were allowed to recover our property.(this was why the claimant delayed us paying). The claimant informed the judge that he had disposed of our property and the judge said we would have to take him back to court to recover the costs of the property. This being less than 5000 pounds. I applied to the small claims court and filed the relevant documentation. I asked for the case to be heard in the small claims court where the costs are smaller and the original case was heard, but they have allocated it to fast track and the costs are so much more. Sorry to beat around the bush, but i was wondering if any one new how i can change from fast track to small claims. Many thanks for any help
  14. Hi all. I am new to this forum. I know there has been a lot written about Parking Eye and that some people are getting quite annoyed about the quality of posts where people have not read previous threads or are repeating things. I hope that I am not doing that as I can't find much advice about my situation. I have done everything advised on other web sites and have now got a court date allocated to the small claims track. This is about 7 weeks from now. I have previously submitted a basic defence claiming that it was a penalty charge and that I would submit a further defence at least 14 days before the court hearing. My question(s) therefore are: 1. Do I submit a full defence as posted by Mummsy 'HAVE A LOOKGUYS AND LET ME KNOW WHAT YOU THINK ???' and 2. Do I submit ASAP or wait to see if it is struck out for any reason? Sorry to rake over old ground for regular readers! Regards
  15. Hi Please can someone point in the right direction for how to complete an allocation questionnaire? My defence and counterclaim are related to PPI mis selling and unfair charges Will mediation help me? What would be involved in this? Would this help me explain how my PPI was mis-sold as I have not yet had the opportunity to complete a PPI questionnaire and apply for a refund. What does a 1 month stay mean and would this be a good thing? I only have two days left to fill this in and I have no idea what to do Thanks
  16. Hi all. I need a little help understanding a letter i have received today from Arrow Global. I will first give brief details of the case. AG/Bryan Carter made a claim for a CCJ against me at Northampton CCBC, i defended the claim as i cannot be 100% sure this was even my debt. Defence received by the Court on 03/09/12. 04/10/12 letter received from Bryan Carter stating he is no longer acting for Arrow Global. 05/10/12 letter received from Arrow Global as follows, letter is dated 04/10/2012 We refer to your defence filed 30th August 2012 Please find enclosed the Notice of Change that we have today sent to the court by way of service against you. Please therefore ensure that all future correspondence is sent directly to us. We have read the details of your defence and respond to the same as follows. With regards to point 2 and 3, we can confirm that the claim form was issued by the NCCBC and the courts 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 this court. In response tp point 5, we are unsure why you believe we are not entitled to the monies owed and ask that you clarify this point further. In response to points 6 and 7, we can confirm that this claim relates to an MBNA credit card taken out on the 4th June 1996 and defaulted on the 15th January 2007. The last payment made on 30th December 2006. Further Arrow Global acquired the account on the 15th January 2007 and sent to your pursuant to the law of property act 1925 the notice of assignment on the 31st January 2007. We hope that the above information helps you to identify the account. Should you still wish to defend the claim, and in order to attempt to rectify the issues surrounding the particulars, we ask for your written consent for us to amend the particulars in line with CPR 17.1(2). We look forward to receiving your written consent for the particulars to be amended which we trust will be in both parties interest. I have no idea what this means or what my next step should be. I have today 05/10/2012 phoned the court, they told me that they have yet to receive anything from either Arrow Global or Bryan Carter. Can someone please explain to me in layman's terms what Arrow Global's Letter means and what i should do next. Thank you all.
  17. Please can someone help. My daughter is taking her horse's vet to small claims court. The vet treated her horse for a period of 3 weeks and during that time failed to conclusively diagnose the animal (it progressively got sicker). The vet also mistreated the animal whilst it was hospitalised for three days for a 'standing sedation' operation. He could not get the horse under sedation but continued to adminster 4 x sedation, used a twitch and in his words wrestled the horse down claiming it was dangerous. The horse is an inexperienced 4year old and was actually very sick. The horse became adrenalin fuelled and was extremely distressed - on her visit later that day the horse was in a bad way. Another week later and still no diagnosis,following yet another yard visit the vet left my daughter in tears with a very sick horse, claiming that he would carry out pus cultures which would take a further 5 working days to get results. In all this time, the vet ignored information regarding the horse's inability to chew and flex its neck, the fact that the horse was worsening and now appeared depressed with a purulent open wound to its face which was getting bigger etc. This same day I instructed another vet practice for a second opinion. Within one hour of admittance the horse was x-rayed and scanned, examined thoroughly and treated with patience and understanding, and a definitive diagnosis made of bone infection and fractured jaw. The horse was immediately hospitalised and placed on strong intravenous antibiotics, painkillers and sedation. The horse remained hospitalised for 7 days, and 6 weeks later has not yet been discharged. Bone infections can be fatal. My daughter has two vet bills, one of which (the second vet) is paid up, the other is in dispute. So, we have the allocation questionnaire and G. Other Information - what do we put here? Letters have gone back and forth quoting Sale of Goods Act, supply reasonable care and skill, and provide in a timely manner. Also, the first vet contacted my daughter's colleague for information regarding the horse and breached data protection. \Never having been to small claims we are finding the process difficult as can't find any examples of how to fill out this form and what is and isn't relevant. Any help and advice is much appreciated pls jacobina
  18. I have a claim against me by my bank : POC : 1.unsecured loan agreement 2.defendant indebted to claimant sum £9000 3.in breach of agreement .The claimant issued default notice 4.by letter on xxxxxx, from claimants to defendant demanded repayment of the said sum 5.In the premises the defendant is indeted to the claimant in the sum of £9000 6.The claimant therefore claim the balance of £9000 I sent a CPR 31.14 I only got back the credit agreement from the the claimant. default notice they state they dont keep a copy under CCA 1974 my defence was based on: A) Unfair relation under section 140a of the CCA I approached the claimant ( Bank lending manager) for help when i was under financial difficulties For 6 months no help besides : *1 month payment break with interest *suggesting a re-mortgage to convert the loan form unsecured to secured. but it failled after credit check. *offering another 3 payment break with interest ..i refused *defaulted after 6 months of negotiations seeking help *complaint to bank they offered apology with redress, temporary arrangement with 6 months interest refund and apology letter with £50 cheque for inconvenience. B)RENGING ON AGREEMENT : *While under above arrangement DCA got involved and harassement letters received unil court proceedings received by Bank. *The outstanding balance in the POC claim is wrong as the interest refund was never deducted. C)BREACH of section 77A of the CCA 1974 required statement for fixed sum credit agreement *After first year of the loan i requested the annual statement under s77a of the CCA 1974I never got a reponse nor statement. *year 2 of loan i got the annual statement as required, year 1 never sent. D)Loan was provided instantly without checks and high interest rate 25% APR over 7 years, hte loan was for consolidation ( the credit cards interest was about 15%) E)Breach of section 87 Need of Default notice not sent to me : put the claimant to strict proof to produce it and proof of postage. I received the ALLOCATION QUESTIONAIRE N150 I need urgently help to fill it especially SECTION D Case M anagement: What amount of the claim is in dispute : Is the whole balance or if using breach of section 77A no interest during the period of non-compliance or anything else regarding unfair relation under section 140a? Applications have you made an application(s) in this claim yes no if yes, what for? witnesses:?? SECTION I "Other information" : what shall i put in here ? Thanks in advance for your help
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