Jump to content

Showing results for tags 'defending'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Helpful Organisations
    • The Bear Garden – for off-topic chat
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV/Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - Please register
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
    • Non-Retail subforums
    • Retail Subforums
  • Work, Social and Community
    • Work, Social and Community Subforums:
  • Debt problems - including homes/ mortgages, PayDay Loans
    • Debt subforums:
    • PayDay loan and other Short Term Loans subforum:
  • Motoring
    • Motoring subforums
  • Legal Forums
    • Legal Issues subforums


  • News from the National Consumer Service
  • News from the Web


  • A Say in the Life of .....
  • Debt Diaries

Find results in...

Find results that contain...

Date Created

  • Start


Last Updated

  • Start


Filter by number of...


  • Start




Found 22 results

  1. Guys, I am about to send defence to Northampton County Court, please I need your help. Claim issued 14/09/18, received it on 18/09/18 and acknowledged it same day on 18/09/18. I think I have till wed 17/10/18 to file my defence? Please correct me if I'm wrong. Claim is about HBOS overdraft of current account I held since 2003, I believe it's status barred judging from when it was closed... od fees was up to 100 pounds I couldn't maintain payment. I held 2 overdrawn current account but upon challenging for second account they recently sent me letter stating account closed balance is zero. If I had challenged Lowell for the one they raised claim for maybe they'd dropped it as well. But i didn't I just bin their letters as believe it's statute barred. Other points: 1, Account number they've been quoting is wrong 2, Despite signing for it and cashing statutory 1 pound, they have not responded to all my signed for letters dated 21/22 sept 18 : CCA, Cpr 31.14, etc. SAR to HBOS no reply yet many thanks for any help in advance
  2. Papers from SAR shows shockingly very high charges from 2009 to 2013 within period I lost my job and was struggling financially, can I seek refund from OC? Just after calling OC and asking for complaint procedure and address, I received letter stating small % of charges will be refunded but paid directly to Lowell? What's your opinion guys?
  3. Just as a query Scenario; DCA collect on a debt, alleged debtor, stops paying and fills DCA's mailbox with CCA's Sar's, nothing provided, DCA keeps reqesting payment even though they have not provided paperwork, in the end the allged debtor says file for court or bugger off. 4 Years later since the last correspondence and out of the blue a court summons lands on the doormat of the alleged debtor from the DCA. Defence is filed, no admission within the counter defence is given, debt is denied. The DCA acknowledge receipt of the defence via the online court system and the next move is theres. ..regular checks are made on the court website, no letters from the courts are received and as such the case does not head to court, it's not stayed, no application from the defendant is made to stay/strike it out or whatever the terminology is but thats where it stayed. 7 years from the last payment made and 3 years from the intial court summons/counter defence being filed and and still nothing heard. is it right to assume that it's now stat barred anyway and that no clocks are reset when filing a counter defence in a court actin where no admission or acceptance of the debt is given is said defence? I know the answer but it would be nice if it could be confirmed? The alleged debtor was considering going back to the court to have the original application struck out , but I see no sense in that. Deb
  4. Hi all, I have had a torrid couple of months with a floor restoration company who are now taking me to court to reclaim money they feel they are owed. I have recieved the claim and returned the response pack with a robust defense. Yesterday I received a letter of notification to the small claims track and a request that I fill in the Small Claims Directions Questionnaire. I am quite stressed about the whole thing and nervous about court...not because I don't think I have a defence just because that's how the act of going to court makes me feel. So any advice you can give me is very much appreciated. Here are the relevant bits: I have a standard 3 bed 1930s semi detached. The wall had been knocked through between the dining room and the kitchen. The next job was to sort the floor out. Here's a picture of the floor : The job was to lift the boards from the lounge to make the necessary repair work in the kitchen/diner and replacing the boards from the lounge with chipboard (as this was going to be under a carpet). The floor guy came to quote the job up and said it would take two days for £850 + materials of around £120. When he was at the house he saw the screed where the old fireplace was however there was still laminate flooring covering the old kitchen floor. He went on a cruise in the caribbean and sent 3 young lads round. The young lads were surprised to find that the original floorboards didn't extend into the small, flat roof kitchen extension. There was chipboard here instead. The whole area measured around one square metre: On day two he phoned me up from the cruise ship asking for anther £480 for another days work to complete the job. He said this was due to the delays caused by the chipboard in the kitchen, that he had assumed the original floorboards were under the laminate flooring when he came to quote. I wanted the job done as I could not use the entire downstairs of my house and there was a big hole in my lounge floor. I offered to meet him half way and pay and extra £240. He got very angry and shouty and later that day sent me a text saying he'd take me to court if I didn't pay up and that he'd instructed his team to leave the job. I sent him a few emails explaining my side but he didn't reply claiming that he couldn't get emails on the cruise ship. I waited a month and then got another company in to finish the job. They charged me £600 to not only finish the job but re-fit the floorboards over the old fireplace which had been screwed in using 6 inch screws and were loose. I paid the original company £980 - £600. Now we're going to court. If anyone can assuage my fears about going to court to defend this please do Thank you.
  5. Hi Everyone Would really appreciate some help with this matter. About a week ago I received a claim form from Northampton County Court originally dated 22 May 2015. The reason I only received it now is because I have recently moved and despite setting up a redirection service with Royal Mail, this letter was delivered to my previous address. The particulars of claim on the claim form are as follows: 1. The Defendant entered into a credit agreement by the original creditor as Capital One Bank (Europe) - credit card and having account number xxxx ("the account) 2. The Claimant, a UK Limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original owner of all rights previously enjoyed by the original creditor in respect of the account. 3. The defendant in indebted to the claimant is respect of the account in the sum of 1246.58 4. The Claimant claims the said sum of 1246.58, plus costs The Claimant on however is down as Cabot Financial UK Limited and the solicitor I guess is Weightmans LLP I have done the following: 1. Submitted acknowledgement of service on 25/06/2015 2. Submitted a request for extension to file a defence to the court due to the claim form being delivered to the wrong address on 29/06/2015 3. Sent a standard statute barred letter to Cabot Financial services via recorded delivery, cc'ing Weightmans on the 25/06/2015 4. Sent a standard CPR 31.14 letter to Weightmans, cc'ing Cabot on the 25/06/2015 To my knowledge, I have not made any payments or had any correspondence regarding this debt in at least the last 6 years although it could be closer to 10 years. I received a letter back from Weightmans dated 29/06/2015 stating the following: In response to your Civil Procedure Rules (CPR) 31.14 request, we advise you that this claim is likely to be allocated to the small claims track. Under the CPR, for which we enclose a copy of Part 27 CPR for your perusal, you will note that CPR 31 does not apply to the smalls claims track. As such, should you proceed to make an application on the basis of CPR 31, we hereby put you on notice that we will defend such an application and will seek our costs of doing so at the hearing. Please note that once directions have been provided by the Court to take the matter to trial, a deadline will then be provided for the partied to disclose all documents which they will seek to rely on at trail, which are likely to include some, in not all, of the documents listed above. You will therefore be in receipt of all documents relied upon in advance of any subsequent trial. With regard to both your CPR 31 request and your argument that the debt is statute barred, should you with to defend this claim to trial you must fine a defence to proceedings, in accordance with CPR 15.2. As you will be aware , the specified time for you to file you defence has expired. This said our client is willing to provide you with an extension of 14 days. Please ensure you notify the court of the same, in writing, in accordance with CPR 15.5 In the event that you fail to do so, our client could request a default judgement be entered against you pursuant to CPR 15.3 and CPR 12.3 Please note, in the event that you fail to file a defence within the specified time period, resulting in our client obtaining a default judgement against you which you later seek to have set aside, we will draw the contents of the correspondence to the Court's attention bot in opposition of your application to have the default judgement set aside and on the issue of costs. My question is what do I do now? I don't have any documentation for this account any longer (if it was even mine!). Do I file a defence as they say I should and wait to see what documentation they have.... Any help with this would be greatly appreciated. Thank you Stefanie
  6. In brief - We went to a local independent flooring company, wishing to purchase a wood floor. The owner talked us through the various products, came to our house to look at the area it was for, measured up, checked the subfloor etc. He then recommended a product for us, ordered it and arranged for "his team" to come out and fit. He arranged the day and time they were to come out and told us that we should pay them cash on the day. In the meantime, he took moisture readings, spoke to the manufacturer and also the manufacturer of the underfloor heating we'd had put down, to check what underlay might be needed. The floor was fitted by "his team" - his brother and another man. It subsequently failed 4 times in the course of a year. The first 2 attempts to remedy the problems were made by the fitters. After it went wrong the 3rd time, it came to light that the fitters and the company owner had parted company, so the company owner/supplier came out and attempted to repair it. The same thing happened again, and he came out again. At this point, the supplier offered us a replacement stair carpet for our trouble. We said that this was not necessary, but if the floor failed again, we would be seeking a refund. When it failed again, we requested our money back. The supplier agreed, minus fitting costs. When we argued, he withdrew his offer and offered us a replacement floor instead. We expressed our concern that we had no confidence he had the neccesary skills and knowledge to fit a floor, given our experience thus far. We then took advice from the CAB and wrote a letter before action, inviting the supplier to comment on what he believed to be the issue with the floor, and offering to go to mediation. He responded, trying to lay the blame on us with various spurious claims, including that the contracting of the fitters had nothing to do with him - since the receipt he issued clearly stated "supply only." We then wrote again, offering to have an expert inspection and report done on the floor, and asking that both parties share the cost in order to confirm what had caused the problems with the floor. He refused, saying the cost was too great in relation to the value of the floor. We once again gave him the opportunity to refund us, while warning him that he may be asked to pay the cost of the report, should we take our case to the small claims court and win. In order to ascertain whether we had a case, we had the expert inspection done. It found that the fitting was to blame for the issues, including inadequate moisture and humidity readings taken by the supplier. The expert contacted the supplier to find out exactly what prep he had carried out and the supplier told him. The report also queried the suitability of the product for the conditions of our property. Once again, we wrote to the supplier with details of the report's findings and requested a refund of both the flooring, fitting and cost of the report or we would have no choice but to take our case to the small claims. The supplier has not responded. We feel we have a strong case. However, our concern is that it may be thrown out on the basis that the receipt we were issued was for supply only. In the letters from the supplier, he does state that he tried to repair the floor on 2 occasions, hut says it was purely a good will gesture. However, he also states that he did the pre-fitting site visits and prep. So, what is our legal position regarding his responsibility for the fitting of the floor?
  7. I got a ccj form last week for a debt i owe since 2007. The details are as follows:- 1, the defendant entered into an agreement described by original creditors as Citifinancial credit card and having account no xxxxxxxx. 2, The claimant, a uk limited company is assigned and legal owner of the right previously by the original creditor in respect of the account. 3,The defendant is indebted to the claimant in respect of the acct in sum of £3000. 4, The claimant claim thesaid sum of £3000 plus costs. The claimant is Cabot financial UK and the ccj form was sent from County court business centre, Northampton. The last time i made payment to citi credit card was in Nov 2007. I have never responded to any letter from either Citi or any debt collectors. I am thinking this is a case of limitation Act 1980 which i would want to state in my defence. I haven't returned the acknowledgement of service form yet. Please i need help on how to go about it. Thank you MJ
  8. Hi, I'm hoping for some advice re. an ordinary cause action I'm defending in Scotland . The Pursuer is Arrow Global with Shoosmiths acting as their solicitors - pursuing an alleged debt of £7,239 which they claim was assigned to them by HBOS. The last day for submitting any adjustments to either the writ or defences is 1st April (i.e tomorrow!!). I had previously requested a lot of relevant documentation regarding this case, but heard nothing until today when Shoosmiths telephoned me, saying they now had the documentation I had requested and asking if they could send it to me by e-mail, adding that they would send the hard copies to follow by post. What they have actually e-mailed is a greatly adjusted writ, which has clearly been re-written in response to my original defences, along with a copy of a personal loan agreement I had signed 15 years ago for an advance of £2000 with approx £500 in personal protection. The documents they have sent me have clearly been submitted to the court today as well, which will keep them within the time limit for submitting adjustments, but I did not receive the e-mail until late afternoon, so I was already too late to respond by the time I received it. I can't believe I was stupid enough to give them my e-mail address, and I can't believe they can get away with pulling a prank like this. Surely there must be something I can do to be able to respond to their significantly re-worded writ. I would be grateful for any advice that anyone can offer.
  9. Hi, really hope somebody can help me. I received a claim form for a ccj from shoosmiths. The debt is an old credit card that i think is statue barred. The issue date on the claim form is 6th march. I sent a letter to shoosmiths requesting more information and they have told me they hope to be able to send them to me by the 26th April they also say they are willing to provide me with am extention to file my defence within 14 days of receipt of the documents. However at the moment at least i need to file some sort of defence. I am registered on the MCOL website already so just need some advice on what to put.
  10. Hi, I was pretty surprised to get a CCJ in the post earlier this week. I can post details later, but just wondering if there's anyone on here that can offer any guidance on how to deal. What I understand thus far, is that my only option seems to be to try and defend this. I've never heard of the claimant, I've never had any correspondence from them, which as I understand it, could form part or all of my defence. They've listed interest owing, I am not sure they can do this? It's from a cahoot loan, from around 2002ish, one of the flexible loan types. Santander took over cahoot. I believe I last made a payment in early 2011, and know it's been passed around a fair bit. In fact there is also a DCA unrelated to the claimant as far as I can tell, that wishes to speak to me about this. My feelings are that the claimant may have jumped the gun a little bit and gone for the CCJ, prior to contacting me about this. I need a bit of hand holding through this. I also don't have 9k to pay them off.
  11. Just before Christmas I received a letter from the County Court in Northampton that Cabot DCA had decided to take a CCJ against me without warning. I have never heard of Cabot until then and the CC company had not informed me that they had sold my debt over to them? So instead of taking the advice of the CAB I who just want you to just cave in and take it. I decided to fight it with my very limited knowledge. Below is the letter I got back for Cabot Solicitors. My Defence was That I had not signed a contract with Cabot (which i know id weak) and that I had not had any letters from the CC company and Cabot telling me that the debt is now with them, which maybe my best hope of defence? To me it looks like they don't want me to defend myself and want me to cave in? Please can you give me some advice? Thanks
  12. Hi all, I've been referred by my friend to this forum to get some advice. I have been taken to court over a property dispute with a neighbour. Despite repeated evidence that we are not liable and potential fraud committed by the claimant submitting a modified copy of the land registry documents to court and us to make it appear we are liable she is still going ahead with the case This has been going on since Feb this year and the final hearing is tomorrow. I'm a bit annoyed for spending this year thinking about this case, hunting for evidence, drafting letters, speaking with various people for advice etc even though it was blatantly obvious she is out to make a quick buck on someone elses expense. The reason for my post and apologies for this lateness but my friend mentioned that I could potentially claim costs for wasted time etc. I haven't incurred much cost as I only mailed one letter and dropped off the others by hand (as the claimaint had done to keep costs low). My biggest annoyance was the stress and time I've wasted thinking about this case. So can I claim back any costs? If so and if any one can point me to some guidelines for claiming I would be ever so grateful.
  13. Hi, Due to ill health, I gave up work several years ago and at the time I was dealing with my debts through a DMP.[payplan] Since not working, I had to reduce my repayments and then eventually stop them altogether. this has caught up with me and I have now received a County Court claim form from Cabot / Mortimer Clarke Solicitors for an old Halifax credit card debt. I have somewhat buried my head in the sand over the past year or so and have become very lax in reading DCA letters. I really have no idea if I have ever received notice of assignments from Halifax or a letter before action from Cabot. I really can't afford to repay this debt of over £2000 and the worst thing is that there are many more debts waiting in the wings to go the same way. What is the best and first thing I should do now? Should I apply for proof of the debt and all the statements, etc and if so, how do I deal with the Claim form and will this put the claim on hold for a while? Sorry if I sound silly and confused but my head is spinning with this I've never been in this situation before. Many thanks in advance for any advise you can give.
  14. Hi all, I recently received a letter stating I owed around £3000 to a plastering contractor I hired on a labour only basis & that it would be taken to court to settle the matter. I immediately replied stating that as far as myself & my company were concerned the matter was dealt with & paid in full. Any further invoices were not just & would not be paid. A letter was sent to me stating that they (The Thomas Higgins Partnership) would speak with their client & contact me in due course. Another letter arrived today stating that their client was applying for the issuing of a claim against me. How is this possible? How can somebody just say "he owes me x & I'm going to get it" The amount owing varies on both letters, and it would appear that (THP) have not even begun to listen to my side. What should I do now?
  15. Hi guys, I've got a defamation claim against me. The circumstances are unusual, I didn't make the review but it was made with my account. I do not know how this occurred, my speculation is that it was the result of some sort of account breach, though the claim was started very close to a year after the review was made and I am unable to get any evidence that suggests such. I have no links to the claimant, didn't know who they were prior to the claim and did not know about the defamatory review. Due to the time between it being made and me becoming aware of it I've been able to dig up no evidence to defend the fact that I didn't write it. There's plenty of potential scope for someone doing something malicious like this though, I head and moderate as part of teams some extremely large communities on reddit that get millions of users per month, it's quite possible some angsty teenager decided to lash out as a result of moderator actions, but of course, I have no proof. The claimant suggests I was paid to do this, and cites certain negative aspects of the SEO industry and "reputation management" as being why I may have done it. I've attempted to cooperate in every way I feel reasonable, but they're having none of it. I gave them permission to look at bank records to show that's not the case, as well as information that would give them access to my SEO work in order to try and show them otherwise and attempt a reasonable conclusion. One thing I do not want to give them complete unmitigated access to is my google account (which the review was made from) due to the fact the account has such an enormous amount of deeply personal and completely irrelevant information on it. I've tried being reasonable with them, I've asked them to narrow down precisely what they want from the account in order for me to cooperate without giving them anything that's completely irrelevant, the account has been used for a very long time and due to google's nature is connected to an enormous number of services, not to mention tens of thousands of emails. I have a telephone hearing on the 20th of January for disclosure, they're seeking complete access to my google account and my computers. What options do I have available? I am unable to get legal aid. Defamation cases are not covered. The CAB have been useless. I really need some expert help, the claimant (an american lawyer) has made it quite clear he will pursue the case for the sake of damage to his reputation, he's already spent thousands and knows full well I'm unemployed and broke, hoping that it will go away because it really isn't worth anything to him isn't going to happen. This claim was started shortly before there were changes in defamation law, he has no need to prove any damages actually occurred as a result and this is being held under older laws I believe.
  16. I received paperwork from NORTHAMPTON COUNTY COURT on Wednesday 3rd yet it was only on Monday 2nd that Lowell actually told me over the phone who there client was. Obviously I want to defend the claim but im clueless on what to do now and need to get this form back within the time period????? some background hope this helps with your information. I had a credit card with capital one and defaulted on the card in 2004 and have had no correspondence from them since around then. I also have been accepted for a credit card from capital one less than 6 months ago. so 1st things 1st what am I completing on the court papers so I can get them back within time. Any help is greatly appreciated
  17. Hi- Its my first time here and would really appreciate some advice. Last year I took out a 12 month gym contract at my local gym. When I signed up I explained to the membership person that I was potentially going through a break up and would not be able to afford to continue the membership if this happened. They agreed to relook at the membership should that happen and that they could possibly help with me not being tied up for 12 months. This break up then happened and I cancelled my membership as I couldn't afford it on my own whilst trying to keep a house over mine and my sons head. Since then they have applied to the county court for the rest of the contract plus fee's making a total of £850. I printed off a copy of the emails and sent it back to the court to defend my claim. I am now waiting for a hearing date. Where I need the advice is that I have today received a phone call from their debt recovery agents saying that they would settle with no CCJ at £600 but it would need to be paid within 4 weeks. I am not in a position to afford this. They then said that a CCJ will already be in place and the courts will have to decide whether to remove it or not. Is this true? And how can I have a CCJ in place when it hasn't actually gone to court yet? They also said that even if I win the case then I will have to pay the court charges and their solicitors costs?!?! They said that this would amount to at least £600 anyway. I am so confused about all of this and I don't know whether it is better for me to just try and find the £600 to prevent the CCJ on my records. They seemed to think that even though I have on email that I could get out of my contract that I probably wont win and that I will have the CCJ anyway. Any advice would be truly appreciated. Thanks
  18. I have posted a short guide to defending private parking claims, including a draft Defence, here: http://www.consumeractiongroup.co.uk/forum/showthread.php?390479-REceived-Court-Papers-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***&p=4272973#post4272973 Hopefully this will be useful for the large number of people that have received Parking Eye county court claims over the past few weeks.
  19. I recently received a court form from northampton for a claim against me from money im supposed to owe barclays bank who I hav'nt banked with since 2006, it was lodged by wright hassell llp on behalf of cabot financial, who claim they own the debt now. I had never been contacted by either of these companies until the court papers arrived. I immediately returned the acknowledgment of service form to the court stating my intention to defend the claim. I sent via templates from this site a part 18 request for information form on the deed of assignment and a cpr 31.14 request for copies of the contract into which i entered with barclays so as to why i now owe this money. I have response from wright hassell saying they are endeavouring to obtain said documents from thier client cabot financial. I need to file a defence with the court in the next few days, how do i do this and what do i do? and also I have agreement for a 14 day extension from wright hassell over and above the 28 days given by the court, how do i register this?
  20. I have decided to try and get back all my £12 charges from Cap1 along with a small amount of PPI that I never needed. I have already received all the info back from them, and I sent off my separate claims letters 3 weeks ago, one for £550 of charges and another for £150 PPI. How long before I escalate this claim and what would be the best way forward, FSO or court?
  21. Briefly, - I have been taken to court in an ordinary action. My case is remarkably similar to one in another thread by someone called 'GLW'. However - I couldn't access any kind of legal help and have been forced to try and defend the case on my own. I am at the stage where I face an options hearing tomorrow. I some quick and urgent questions. 1) The pursuers didn't post their FIRST note of adjustments or inventory of productions until the very last day. Like GLW their initial write was based on utter tripe and their adjusted writ is still a bit 'wrong' - I have put a note in with my rule 22 note asking for a further period of adjustments. 2) Just phoned the sheriff court who tell me that (as I suspected) I SHOULD have got a copy of the record from the pursuer - I haven't! Though the court confirm it WAS lodged wih them... 3) In the meantime I applied for DAS - Pursuers solicitors have been told this and I am on the 'protected' register... still looks like they're going ahead with the action though. REALLY panicing now as I've never been to court in my life - don't know what to expect really... Question I have just now is DOES the fact I've not been sent a copy of the record give me any leverage - if so how do I use it? Basically I'm with GLW in that I feel CPUTR is being breached in bringing the action; my main agenda is resisting them loading the debt with costs. - like GLW I challenged them for proof of their claims but to date have none. I only 'folded' and went for DAS because I feel bullied into capitulating due to the court action
  22. Hi, I'm unsure where I may need to post this question so took a stab at this section of the forum... I hope someone can help. A bit of history, my partner sold an item on eBay using my account, buyer collected the item and left. We then got an email saying there was a problem, we offered a refund after a bit of investigation but he refused to return the item to us, saying we should collect it from him... he lives 200 miles away. This went on for some time beore he instructed eBay to resolve the case. They awarded the case in his favour and told him to return the goods for a full refund, as we had originally asked. He failed to do this within the timeframe specified so eBay closed the case. Since then we haven't heard from him until yesterday when we both recieved a 'Judgment for Claimant' from Northampton County Count for failing to respond to the Claim Form. Neither of us has ever recieved a Claim Form to repond to! So my questions is, can I get this judgment set aside and get the chance to defend this claim? I'm reluctant to pay it in full as he is trying to claim twice what he paid for the item and I have't seen a breakdown of what he's trying to claim. Also, can the judgement be registered to both my partner and I, surely he can only claim against one person? As from the begining he's welcome to a full refund providing he returns the goods, otherwise I'm out of pocket all round... can this be dealt with in court. It doesn't seem like a court dispute to me, something we could have discussed in mediation perhaps but he's going all guns blazing because he's not getting his own way. Very childish! Thanks for reading, all help gratefully received. M.
  • Create New...