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Found 11 results

  1. I have just gotten a Nottice of Application for Attachment of Earnings Order for a sum of just over £900 for CCJ issued in the CC busines Court Centre on behalf of Cabot Looking on my CC file i see a CCJ was obtained in summer 2015 for Cabot which after some research appears to be Welcome finance related. (i will contact Mortimer Clarke to confirm who the claimed creditor is but am pretty sure it isnt anyone else) It is the first time i have heard about this CCJ/debt. I returned my car to welcome finance in 2011 and changed address three times since then. I dont think ?I owed/owe them anything and I am not going to be paying £900 in any form if i can help it. I understood i had no debt to them but prior to returning the car under the agreement, I had had some arrears which i had cleared. My income is borderline for getting court fees paid An AOE could affect my job as i work for the government in a finance related role. I understand I can apply to have the CCJ put aside. I understand I could apply for a stay of the warrant I understand I can contact Welcome Finance for a Subject Access Request I have to reply to the application in eight days I don't think I had any PPI with Welcome Finance If I complete the N55 notice of AOE order Form do i make offer payment of an amount and then make the other application (vary warrant or overturn CCJ) or should i simply make an application to suspend and tick the box on the N55 saying I want to the order suspended because I have made that application. Or something else ? My income and expenditures are low and in the past i have made requests to vary judgements on grounds of low income that were accepted by courts after applying to stay warrant. but those were for debts i knew I owed and had had a chance to defend. Thank you in advance.
  2. Apologies if this has been posted to the wrong forum. I have filed an N244 on behalf of someone I know, just received a N271 Notice of transfer of proceedings. the problem is it has been transferred to a court absolutely miles away can I get it reassigned to a more ocal court?
  3. http://www.moneysavingexpert.com/news/protect/2015/06/motorist-takes-parking-charge-challenge-to-highest-uk-court I would now argue that if any PPC try to use the current judgement in their claim that the defendant highlights that an appeal has now been filed and the reference to Bevis be inappropriate until the supreme court make a ruling. Let us hope common sense prevails.
  4. Hi, I have been a reader for a while, but I am now posting for some reassurance and advice. I signed a contract with a roofing company to erect a roof of 15 degrees on my rear extension. It was agreed via a written contract that the pitch should be 15 degrees and velux windows should be within manufacturer specifications of 15 degrees. The work was scheduled to be completed in 4 days but the roof is still incomplete 29 days later today. The company erected the roof at a pitch of 13 degrees and as a result all three windows have started leaking. Furthermore they have not removed all their waste which was agreed in their contract and they have damaged my windows, flashings and tiles in the process. The owner of the company became involved after his workers did not turn up and we later found out one of his employees had subcontracted some work to people he had met in the pub. This employee had damaged a window of ours and had been very rude and aggressive with us. It was because of this worker that the roof was erected at the incorrect pitch. The owner of the company then apologised and personally guaranteed that he had done rooves at this pitch with velux windows with no problems at all. This employee had agreed extra work to be included but then went back on his word. The owner of the company then arranged for all the extra work to be done within the agreed price and apologised. The next day the roof was leaking heaily and the owner of the company sent a roofer to replace some screws. The next day all three windows were leaking. I tried to contact him but he would not answer. After eventually contacting the elusive owner, he stated that he was going to charge us a call out fee to look at the roof and that I had deliberately tampered with the roof. He came to inspect the roof and said we had sabotaged the roof and that was why it was leaking. The building inspector inspected the roof and confirmed that the pitch was not appropriate. He did say he was willing to issue a certificate if the company guaranteed the work. How a company can guarantee an inherently faulty product I do not know. The owner of the company is basing his entire argument on the building inspectors word. A few days later after email exchanges, when we stated that we were only willing to accept a roof of 15 degrees (as confirmed by the manufacturer to be the bare minimum) the owner said he was only willing to repair the flashings around the window or take off the whole roof and walk away. We told him neither was acceptable, especially as we were not willing to accept a faulty roof (as per manufacturer specifications and contract) or walk away without any sort of compensation. Since then we have received stamped county court papers showing a claim amount plus an administration charge. I have had the roof inspected and my brand new velux windows have dents and scratches. Tiles have been cut in situ resulting in circular saw marks and damage. Hammers have been used on the flashing and whilst the windows have been installed correctly (according to another roofer) there has been no care in their installation. In the roofer's opinion and Velux themselves, the low pitch is the culprit. I have some basic knowledge of the law. I believe this comes under the sale of goods act and contract law. I now have to prepare my defence in the county court and I am a bit worried that I may do something wrong. Do I definitely have a case here? How am i supposed to word the defence? Will it go against me if I do not quote law, or does the judge interpret the law after reading the facts? What happens next after I submit the defence? Will it definitely go to a hearing? Any help is much appreciated as this is my first experience of court and I am very worried about losing money to this horrible company. May I add that this is a very large company with contracts for the council and housing associations. I have attached a copy of the drawing which accompanied the written contract Thank you in advance.
  5. Hi, I have issued a claim on MCOL and the defendant has filed a defence on an additional sheet of paper which has been signed and dated, but he has not signed the statement of truth or given his date of birth or an address. Is the defence a legal document as he has made statements which I have documentary evidence are untrue. Surely they will be in trouble in court for telling blatant lies? Thank you for any help.
  6. List of events Received claim from Northampton CC Acknowledged service Sent CCA request to Lowell and CPR 31/14 to BW Legal Reminder sent to both after 14 days Embarrassed defence submitted as could not reply to particulars without agreement, DN and NOA. Directions sent out for witness statements no later than 14 days before hearing I filed my witness statement to court with 15 days to go 2 days before the hearing I now get claimant witness statement with copy of agreement and NOA attached but no DN What can I do from here? I am surely prejudiced by this as I am unable to defend it now, plus also the directions stated if docs and statement were not filed outside of 14 days then they would be disregarded. Also the agreement looks very dodgy and looks reconstituted, it was taken out in May 2006 so it must be the original surely? Plus also some particulars are missing from it such as their signature and also a credit limit? How do I proceed from here as the hearing is this Wednesday.
  7. I submitted a MCOL to recover my deposit from a Used Car Dealer who refused to refund it, after I found out they lied to me about numerous things regarding the vehicle's condition. My particulars essentially state that when paying the deposit to the dealer prior to the car purchase, the verbal agreement was on the basis that: 1) They did not lie about the car. 2) The car would pass a vehicle inspection. I since found out that they breached (1) and hence the agreement. Before even filing the claim, the dealer actually offered to give me half of my deposit back to begin with, which I happily accepted. A few hours later that same day, they called me to say they changed their mind i.e. deciding to keep the whole deposit, because they now felt that my decision to cancel the car purchase was a "change of heart" decision, furthermore they spent my deposit money preparing the car for me (even though the salesman told me the car was ready to drive away the day I came to see it). When I challenged them to provide me proof of their expenditure, they outright admitted it was "done by a friend" they didn't have any receipts/invoices. It was at this point when I decided to submit a claim via MCOL as they made their position clear and that their decision was final. About a week after they were served, they called me up and we agreed for them to pay me 2/3 of my deposit back, as long as I cancelled the claim first. There was no way I would trust them after going back on their word last time, I said that I will only cancel the claim after the payment has cleared, I also asked them to provide their agreement in writing, which they did. We came to written agreement, and they said they were able to pay me the same day. I monitored my online account, waiting for this to happen, poised to cancel the claim as soon as I saw the money appear. The money never arrived, despite numerous chasers and calls, they kept making promises to pay "later today"/tomorrow, then afterwards kept made excuses for not paying. Yesterday I gave them the final deadline: Pay the agreed amount that day and/or call me to confirm it has happened, or the agreement is off and I will proceed with the claim. They acknowledged my position (I also have a recording of this phone conversation) and promised to call me back by the end of the day regardless of the outcome. Once again, no call nor payment was received. From my perspective it felt that they were just messing me about, and I was out of patience. It just so happened that the defendant had until yesterday to reply to the claim issue, according to the letter the court sent me. I waited until this morning, and submitted a request for Judgement. Upon checking later in the day I noticed that the defendant filed a defence shortly afterwards (the same day!), despite their deadline being yesterday. In the MCOL transaction history it says: In the Judgement panel it says "Requested", and the Claim Status now shows as "Defence". Surely they were too late? I spoke with the defendant a short while afterwards, they made more excuses, and gave me "his word" that they were still happy to pay the 2/3 of my deposit back, assuming I can get the claim cancelled with the court. I'm going to call the MCOL helpline tomorrow, I'm just wondering: Where do I stand? A bar is in place for this claim, despite them filing a defence too late according to the deadline. They are still offering to pay back 2/3 of my deposit.. . does this count as admission to some degree? In the event that they are still just wasting my time with this "offer", is there a chance that the bar will be lifted and their defence be discarded? Does the fact that they filed a defence mean it is now out of both mine and the defendant's hands? Any help/advice would be much appreciated. H
  8. Hi everyone I was issued with a claim form for an old disputed credit card debt back in late Nov. I filed my defence which shows as submitted on the MCOL website on 12 Dec and received on 13 Dec. Is it correct that if I don't hear anything back from the claimant within 28 days that the claim is automatically stayed? Hope you can help.
  9. Hello Crikey I need help with this one. Lowells filed for bankrupcty petition on LLoydsTSB bank account. Last I heard from LloydsTSB was in 2009 until Oct 5th when I was served this notice. I am not sure what to do now and would really appreciated some help with this. The date on the letter I recieved is Sept 20th 2013 and I was served 5th October. I have received no assignemnt of from Lloyds and its an overdraft which they increased without my consent whether verbal or otherwise. Please help me
  10. 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
  11. Hello! I wanted to start a new thread as I have just called Sainsbury's bank to file a claim re mis sold PPI and I'm nervous about making sure I do everything right. I took the original loan out late 2004. I cannot remember exactly how much the loan was for (approx £9,000 I think), or even the length of the loan. I do however remember the exhorbitant interest rate of nearly 15% and the pushy sales woman suggesting I clearly didn't care about my family if I didn't buy the insurance policy! Anyway, I do not have any paperwork for or other information about the loan so I'm hoping I will be able to make a claim. The guy on the phone seemed a bit vague about whether he found me on their system or not. One thing that I'm worried may confuse the issue/claim is that a year after I took out the loan, I took out another loan with Sainsbury's bank to borrow a bit more money. They opened a new loan to pay off the old one and gave me the left over money - if that makes sense? So, am I claiming for one lot of mis sold PPI or two? I actually closed the loan mid 2006 because I got a better deal elsewhere so it never ran its course anyway. I'm assuming this will affect the amount of refund (if any) that I am entitled to? The guy I spoke to at Sainsbury's said I would receive a letter within 5 working days to confirm that they were 'investigating' my claim and that things should all be sorted one way or another within 8 weeks. I asked him to confirm that this was for both loans and he said yes. I guess we'll see what the letter says when I receive it. Is there anything else I should be doing at this point do you think? Sorry, I seem to have gone on a bit , but thanks in advance for any help/advice, it's very much appreciated.
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