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Found 13 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. After checking my credit report in March this year i discovered i had a CCJ on my credit report. I knew this could not relate to me as i have never deafulted on any account i have had, next step i took was to pay the fee for trust online to get the details of the CCJ. The details showed that the CCJ had been issued by Volkswagon Finance, i have never had a car on finance i knew it was wrong. My credit file stated it was for another person with the same name and DOB as myself , apart from he has a middle name and i do not. Next step sent a SAR to Volkswagon Finance, and this just proves that they do not carry out checks properly, they sent me the SAR request and everything i received was relating to this other person, nothing relating to me at all. Now i have this other persons bank acc number, sort codes, drivers licence,email address, and every letter/email/court proceedings. I am now stuck at what to do next with this case so any help would be appreciated. https://www.consumeractiongroup.co.uk/forum/showthread.php?488056-Barclays-default-not-mine-!!!&p=5129009#post5129009 https://www.consumeractiongroup.co.uk/forum/showthread.php?488061-Lloyds-Bank-linking-wrong-information-again-!!!&p=5129027#post5129027 Thanks.
  3. Hi Just received my credit file and after getting into a bad financial situation I have a total of 19 defaults on my credit file!, 11 are due to drop of this year and 3 next year the rest are around 2022, for the latter do you think my credit file will improve If I pay them of so they are marked as satisfied? or should I just wait, none of them are chasing me for payment at the minute Just edited to add one is for a mobile phone debt that I was paying for 2 years at £35 per month, it says I owe £550.00 now
  4. I got my fuel bill on the 8th Mar with an rather inaccurate estimate i gave them the actual readings and a new bill was issued the same day, arriving in the 13th Mar. On the 14th Mar I got another bill that was an estimate for the fuel used on the 9th mar. Today I have received another estimated bill for the fuel used on the 11th Mar. Talk about payment by instalments!. I spoke to their CS people and guess what they suggested? I give them todays meter reading and they can send me an updated bill for the last week to go with the correct one of earlier or they can update the one of the 8th and I pay the new one all together . At no point did they suggest that they would stop sending out bills on a daily basis. I suggested that at least they wont have to ask for a meter reading when I switch suppliers if they continue with this nonsense and therein lies the problem , they cannot see that it is nonsense to send customers bills every day (even if by error)
  5. Good day all. I've got some on going issues with debts being managed by Lowlifes (via our friends at BW Legal). I've covered most of these elsewhere but in brief over £500 was mysteriously added to the account according to my credit file, they weren't updating my file regularly to reflect payments made and also a default has been recorded unreasonably late (IMO). I raised a complaint and they replied with a derisory compensation offer but a promise that the accounts would be brought up to date within 3 weeks. I decided at this point that if this happened I'd be happy and waited. It didn't. They did reflect the payments to date (but it is now behind again and hasn't been updated) but didn't correct the £500+ charges added nor the default date issue. I sent them an LBA and have had no response and need advice on 2 issues: 1. I sent the LBA about 5 weeks ago. Unfortunately some work issues etc meant I have only just been able to get back onto this. Do I need to send a new LBA due to the time passed or is it within my remit to decide when I issue? 2. As it isn't technically a money claim (though I will be asking for compensation) but a claim for failures under the DPA and guidance related to it from the ICO can I issue online through money claim or do I need to get a paper form? Any guidance and advice gratefully received as always.
  6. I have some questions about the correct procedures for County Court summonses. I'd be really grateful if anyone could advise me on any of these queries. I have read the guidance notes for both online and paper forms but still have some uncertainties. Background: I am about to issue a County Court summons for unpaid compensation for use of part of my property by a builder. The basis of the compensation is set out in an agreement and related emails. My questions: 1) When sending in a paper N1 form, is it correct to send supporting paperwork with it? E.g. Copies of agreements, contracts, print outs of related emails. 2) Exactly how many copies of the N1 form, defendant's notes, and supporting documents (if these should be sent with the N1) do I need to send? I assume from the guidance that it should be a total of three copies of everything: One copy (i.e. the original form) for the court, one copy for the defendant, and one copy for me (to be sent back to me). 3) I was originally planning to issue the summons online but the Particulars of Claim box on the MCOL website is absurdly small. How does anyone explain the key points of their case with so few characters and lines to work with? Any help on these queries will be really helpful. Edit: I have found the answer for question 4. Questions 1, 2 and 3 still confuse me. Answered question below: 4) I am aware that one can send additional PoC by post if using the online form but, as I understand it, these later PoC are only to be sent to the defendant. The Court and the Judge will not see them unless and until the case comes to a hearing. Is this correct, or should one send additional PoC to the court as well as to the defendant? Answer: I see that form N215 'Certificate of service' requires that documents sent to the defendant must also be sent to the Court.
  7. My issue I received by post two Notice to Owner letters dated 11/11/2014 in different envelopes. These letter refer to the same office '27 Parked in a special enforcement area adjacent to footway, cycle track or verge lowered to meet the level of the carriage way. Both have a unique PCN number on them for a notice I have never seen or been aware of, nor handed to me in person nor left on my vehicle for me to find. Both refer to a contravention date and time, one 8/10/2014 at 10.52 PN11112536 and the other 8/10/2014 at 12.26 PN110-9538A for the same location, a local authority local road. Both request a payment within 28 days of £130. I can also make representation by post on a number of grounds should I think they apply. In addition on the same date 8/10/2014 I found my vehicle was missing from the roadside outside my home address where I can usually see it from my kitchen window and that it apparently had been impounded by the council. After I made some enquiries I found out where my vehicle was, that I had a dropped kerb offence which I had not noticed before, so I complied and paid £200 (removal fee)+£65 (parking fine) =total of £265 on the following day 9/10/2014 (within 24 hours) to the car compound in order I could get my vehicle back and park again outside my home address. At the time of paying this 3rd PCN and towing fine I was given a photocopy of another (3rd) PCN PN11095390 again that I had not previously seen, again dating the same offence, same date as two above two PCNs but time 8/10/2014 12.28. Apparently then removed by the council on 8/10/2014 at 12.33 to their car compound. My questions are 1 Do I have any grounds to see representation for all three PCNs for this same offence, on the same date, on the same location, by the same council, where my vehicle had not been moved, until the council removed it at 8/10/2014 at 12.33. Note I have already filled in a representation form to Warrington in Cheshire for PN 11095390 that I was made aware of on 8/10/2014 at the car compound. 2 Is it normal for a council to issue Notice to Owners letters to car owners without serving a PCN to them, and is this legal in the case of the ' 27' offence, in my case in question, parked near to dropped kerb but some 1 1/2 feet away from it on the carriageway. 3 Should I seek representation on the grounds that 'The penalty charge exceeded the amount applicable in the circumstances. In this case I have already paid £65 for the PN11095390 for time 8/10/2014 12.28, so should I be also need to pay two more fines as well for PN11112526 for a time 8/10/2014 10.52 and PN1109538A for a time 8/10/2014 12.26.? On balance these fines seem very excessive and costly and I think all 3 PCNs, (none that were ever handed to me or ever left on my vehicle), belong to the same single incident and span only 34 minutes apart. Note I have already raised a formal complaint to the council 'Major' as an email titled ' excessive parking fines' with reference to -over eager traffic wardens, -a lack of parking spaces due to daily commuters taking up all the parking spaces so that residents can not park correctly, -the fact my car was in need of attention due to engine / starting problems, -the fact I was engaged at the time in a household 'leaking gas' national grid emergency repair and could not be called away immediately from my home, -a lack of residents only parking zone unlike adjacent areas nearby, -a question about the 3 minute rule being ignored judging by when my car was removed (12.33) on PN 10095390 (12.28) -No opportunity to pay at a reduced cost. - a question whether these computer generated NTO letters were not an error. (when I go into council site no photo graphs are available at all for the PN in question, so I wonder if there was every any evidence taken at the time by the traffic warden wandering my council estate?) The recipient being the Major for the area then notified me that the council were looking into my complaint. I also noticed the other day out of my kitchen window a owned council truck parked directly across the same dropped kerb outside my home. So I took two photos of it and sent them to the council worker who had replied to me, making the point How come Council worker can park across the same dropped kerb,- a sort of hypocrisy going on. Can I ask for some degree of leniency in this case, or do I simply have to pay up for the other two at a cost of £260? Any advice would be most welcome on where I legally stand and whether I have any ground for representation at all?.
  8. Hi guys When you are issuing a court claim against a company using a trading name do you issue the claim against the parent company? Thanks
  9. In the “Sticky” section you will see that I have provided a new Sticky entitled: A Guide to Bringing and Defending a Small Claim in the County Court. In you have a dispute regarding fees charged, it is simply astonishing the number of websites offering to assist debtors in “reclaiming” fees. With the majority of debtors having never been in court, it can be very tempting to accept such services but a word of warning.....anyone tempted to use such services should first make sure that they look at the small print on the site as they will very likely discover that such firms are really offering to “reclaim” bailiff fees on what is commonly called a “no win, no fee” basis, the proper name for which is “Conditional Fee Agreement” It is very important to be aware that this does not mean that you will not pay anything !!! I will provide further details shortly. Alternative there are also many websites which worryingly "encourage" debtors to issue claims against bailiff companies and even offering for a fee to "assist" the claimant with completing an N1 Claim Form on their behalf !! Sadly in order to encourage debtors to use their service it is common to see such sites making claims that: “Costs cannot be passed onto the litigant in the Small Claims if you loses” Or even: “If you lose in court will will only lose the fee of the summons and you will never ever pay the other persons costs ” Unfortunately, neither of these statements is true and claimants should be aware that if they bring a small claim and are unsuccessful, or as a defendant in a small claim you put the other side to huge trouble and then lose, the court has a discretion to make an order for you to pay the costs that the other side has incurred if you have acted unreasonably. This is confirmed by the Civil Justice Council. If you are considering issuing an N1 Small Claim to recover bailiff fees then please visit the new Sticky here: http://www.consumeractiongroup.co.uk/forum/showthread.php?403670-A-Guide-to-Bringing-and-Defending-a-Small-Claim-in-the-County-Court(1-Viewing)-nbsp
  10. I know this is probably really simple and I think I might have an idea of the answer but just wanted some confirmation. My niece has apparently got ticketed for being an ambler gambler but the offence happened back in May and she has only found out today. Just wondering if there is time limit for when the notice should have been issued - three months down the line seems a bit slow and pushing it. Thanks in advance Clare
  11. I need help as I am not sure what is the best plan of action in this case. I have 2 years NCB expired on 06-02-2011. Last year in May 2012 I took out a car insurance policy with Be Wiser Insurance for 12 months and paid higher premium. As you are all know that 99.99% insurance companies accept a NCB valid within 2 years. when I looked around for car insurance lats year I was not aware of that until I spoke to Be Wiser. I told them that having 2 years 2 NCB will help me to low the Premium. They asked when does the policy expires and if i have it handy, which I did not. I told the truth and said dont have the paperwork but will post it to them and also not sure if it was within 2 years or not. They agreed to not use 2 years NCB but agreed that I will get 3 years NCB at the end of policy. After taking out policy I found the 2 years NCB and posted them hoping all is in good hand. I also had a phone call confirming of that. Now the 1 years finished and they are only giving me 1 year which in my opinion is not fair. After emailing them they have sent me a reply, which is below so could someone please help me with this and advise me what to do to get my 3 years NCB?? Many thanks Thank you for your recent email. As advised at the inception of the policy we were advised that you did not have any No Claims Bonus free to use on this policy, we based this policy on 2 years driving history earned on a second policy with Yes Insurance. As you have earned 1 years No Claims Bonus whilst insured with ourselves the No Claims Bonus documentation you have received is correct. Please do not hesitate to contact us should you have any queries.
  12. Hi I'm in a sticky situation here. Basically I was sold some t-shirts of a low standard, I sent them back and he said he'd refund me - it's been 3 months of constant lies and rubbish an no refund. I want to issue a CCJ (County court judgement). The only thing is, everything has been done via FaceBook messages with the company page - they're not a registered company LTD, although they do refer to themselves as a company, they havea trading adress but no where on their website or invoices have they said they're apart of any group or trading as a company. Shall I issue the CCJ against him? Please help.
  13. I can't remember seeing anyone recently make a new post saying that they have been issued with a statutory demand on behalf of Lowells ? They are still continuing with bankruptcy petitions according to reports in the London Gazette. Have they stopped doing this, just paused or reduced the number they are issuing ? Going by what is reported via CAG, there does appear to have been a change.
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