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  1. I don't know if this is the right place to post this. But does anybody know what I should do if a creditor does not comply with CPR rules on disclosing information. I have advised the court that I intend to contest the claim, and have requested information from the creditor under the CPR rules but heard nothing back. Do I enter a defence stating that I have no information on the debt in order to defend it? Is there a form which I submit to ask for a stay on proceedings? ANy help would be gratefully received - I have never done this before. Thanks
  2. Last week a very important judgment was released in the High Court in relation to Part 85 'Third Party' claims. Given the importance of the subject, Master McCloud issued a draft decision, and invited the High Court Enforcement industry to provide comments and suggestions, based upon their experience in the area. The reason why the Master was asked to make the judgment is outlined in details in the following post. In this respect, I have referred to the recent news article from The Sheriffs Office.
  3. Name of the Claimant ? Arrow Global Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 4th August 2016 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) - 6th September 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. The claimant claims payment of the overdue balance due from the defendent under a co
  4. Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – 17 July 2017 date to submit defence 19 August2017 What is the claim for – 1) The Defendant entered into an agreement with Orange under account reference ..... ('the agreement'). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant on 18/12/2013 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £465.45 remains due and outstanding. And the Claimant claims a) The said sum o
  5. This is my first post so hope format is ok. I took out MBNA credit card (as Abbey National member) over 10 years ago following a change in financial circumstances was unable to make the repayments. I entered into an agreement to pay £1 a month to MBNA and a number of other creditors in 2010. My total unsecured debt is over £50k, and debt to MBNA was approx £16k. This debt was moved on to Aktiv Capital then to PRA Group. I have made these £1 payments since 2010 to all 3 organisations (I believe there may also have been another company in between MBNA and Aktiv b
  6. Hi, I am currently representing my daughter on the McKenzie friend basis in her claim for unfair dismissal on the grounds of discrimination ( pregancy ) We have followed all the procedures through ACAS and we are currently taking her employer through the Employment Tribunal, which has taking about seven months to get to a Trial which has been listed for next week 4/5th February 2016, this was after a previous hearing. Today i receive a letter from the Tribunal stating that the trial might be postponed on the grounds that despite knowing for a number of months that in any event, the
  7. Main .... https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules ORDINARY CAUSE RULES) 1993 https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/ordinary-cause-rules Small Claims Rules. https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/small-claim-rules Simple Procedure Rules https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/simple-procedure-rules
  8. My son has a personal injury claim originally valued at £20k. The solicitor was working on a 25% no win no fee basis. however, a few months ago he found out that the solicitor had failed to advise at the outset that he could have had union backing, so it was agreed they would discount the 25% fee etc. The matter should be going to trial in circa six months, but the soilicitor has now written advising that he wishes to offer the defendent the opportunity to settle for £8k pursuant to CPR 36. This is a 60% reduction on the claim value which doesn't seem right to me.
  9. Hi, I read here that on can use an online 'Moneyclaim' service with the Courts. What I am not clear on is if one proposes to take such a course, should a Letter Before Action be issued first, as one would with a 'paper' claim? Thanks in advance for assistance
  10. 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:
  11. Last year I bought a property with a tenant that was entered into an auction. 5 Days prior to me exchanging contracts the vendor had a council letter with a council order to remedy hazard 1 and 2 deficiencies. All 15 of them including damp and re-wiring. He has withheld this from me and as a result 3 weeks after completion council contacted me as a new owner to carry out these repairs. Total cost up to now £8000. I have made a claim against a vendor for the cost of repairs based on the CPR 2008 regulations Misleading Omissions paragraph 6b as I would have never entered into a contract sh
  12. On the 10.02.16 I received this : (thanks for not letting me insert a photo, guys, that's a great help, please see attach.) I fired back a defense: ---------------- Of course I simply copypasted the above defence from this forum and assumed that a CPR and a Sec.78 request were one in the same thing. Further reading of this forum informed me that they are, infact, two quite separate and distinct beasts. As I say in my defence , I submitted a CCA on the 21.01 to which they still haven't replied, choosing instead to go to court whilst i waited for them to get ba
  13. Hi, In short, I received a claim form regarding a catalogue debt going back some time but less than 6 years. I sent a Part 31 CPR request as copied from this forum and I have just received the following response. Any help would be greatly appreciated as they seem to be able to ignore my request. Many thanks. Dear Mr 1970 Thank you for your email requesting disclosure under Part 31 of the Civil Procedure Rules. 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 Civi
  14. Hi, I've had a ccj recorded against me for an old debt, I would have defended it via the CPR 31.14 route but was away when the court claim arrived and missed the deadlines. Can I go down the route of requesting the account docs and then applying to have the judgement set aside when they dont comply. (Ive already had this account go down this route with another DCA and they dropped it when they couldn't produce the docs.) I've had to apply to get payments reduced to £50 a month but have yet to send the first payment (due in three weeks.) Cheers for any advice.
  15. Hi Guys, I sent a letter requesting a CPR 31.14 from Restons solicitors. This is the reply I got can someone please help me as to how I should respond? Thanks
  16. After receiving court papers for an alledged debt, i sent off the acknowledgement slip back to the court and a cpr 31 to the solicitors dealing with it - they received it on the 14th and i`ve had no reply. What is the next step? Thanks in advance
  17. Hi All, Recently responded to Claim form issued by the parties named above. Issued CPR request to Restons copying Cabot. Restons have replied stating they will not enter into correspondence with me because I did not sign my letter (I printed my name). Anyone experienced this before? How do I respond? Thought they were legally obliged to provide documents contained in their particulars of claim if asked to do so by defendant?? Thanks.
  18. Hello, I have send Lloyds TSB a letter requesting a true copy of the original credit agreement under Consumer Credit Act, they responded with a reconstructed agreement. I then went on to make a further request under CPR 31.16 to obtain a true copy of the signed agreement. TSB responded saying: "At present, we are unable to locate your original signed agreement and cannot, therefore, provide you with a copy of the signed agreement at the moment" "Please treat this letter as our final response" To date they have failed to meet my request under the Pre-Action Protocols. Where do I stan
  19. Hi all, I am owed money by a client and she is "declining" to pay. The payment was due three months ago and although there is a signed contract they are refusing to pay up. I want to take them to Court, but they are playing silly buggers and as they go in and out of the country I am concerned that they will get any judgment against them set aside on the basis that they were not here to defend it. (I know I can fight the set aside, but this is dragging on forever. ) So far she has had the Letter Before Claim, which she replied to by email on the last day specified in my letter and
  20. Hi Guys, Can anybody tell me how to make an application to transfer procedings started in CPR 8 to main stream CPR part 7, What application form or form of words should I use ? Do I need the court's permission? what happens of court refuses permission to transfer?
  21. Hi everyone, This is my first post so I apologise if I am in the wrong section for this type of query. A forum member at Moneysaving Expert recommended I ask for help/advice from CAG and I have spent the last couple of hours looking over posts but I just need a bit of clarification if anyone can help......... My husband received a claim form through the post from a county court on Tuesday. The claimant is a DCA and on the claim form they say that a Notice of Assignment has been sent to him to explain that they now own the debt. The sum they are claiming with solicitors
  22. I need help cpr practice direction 16 defending statement. Have until Friday to comply with CPR 16.5 and CPR 3.4 -2 Do not know how to post a thread
  23. I filed a defence to a claim issued by Arrow Global in April 2011. Heard nothing until today. Recevied letter from Arrow asking for details of income and expenditure. I never acknowledged debt but send £1 in August 2008 for information which they used to reduce my balance. The court claim is for £10210 but todays letter says £9920. Any help please
  24. Hi and good afternoon. I am wanting the send off a CPR31.14 letter to a DCA. Can you please confirm if I have to enclose any payment with this. Many thanks
  25. Hi Folks First time here so please be gentle I am assisting my OH who is the respondent in a case brought by Arrow Global Ltd for a debt he didn't know had been assigned to them, originally an MBNA credit card debt. He is in a DMP with StepChange, formerly CCCS and this debt was included in it and according to his StepChange statements, paid off and showing a zero balance. However, this seems not to be the case as his credit report shows a balance £1801 as of January 2013 to Arrow Global Ltd. They say they acquired the debt in August 2010 but no communication (notice of
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