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  1. Hi I'm about to file a MCOL. I bought a new radiator in March 2017, it developed a fault (metal started to bulge and cause a leak) in February 2018 and defendant has ignored all attempts to resolve. Defendant is a company that also sells on ebay - http://www.ebaystores.co.uk/delux-bathrooms Before sending my first letter I looked them up on companies house and ended up with three addresses and thus sent three letters recorded. 1 - address listed on ebay page - the letter was returned as not called for. 2 - address listed on companies house - the letter was signed for by unknown. 3 - director address listed on companies house - this was signed for by the director and name matches that of the seller on ebay. This is how it appears on ebay. Ha Ma is the director who signed for the letter. Should I raise MCOL against the company but with the directors address? Here is my POC: Thanks, Kris
  2. Hi there, I received a county court claim form with the date of service 19th june with no particulars of claim attached. I filed my AoS and i have been waiting for the PoC but they still haven't been filed . My defence date is tomorrow (17/07/18) so im really at a bind as what is required of me. I'm thinking i have to send in a defence but i'm not sure what to write the defence against as im sure its defending the points set out in the PoC. Its briefly outlined in the "Brief details of claim" on the front of the form but besides that...nothing. Should i write my defence up to defend against the brief details of claim? Really appreciate any help you can give me! Thank you
  3. help Black horse have ccj but the debt for car h as been paid in full infact there has been an over payment the ccj was served to the wrong address . i became aware after four years black horse are saying the dept is not regulated by the consumer credit act 1974 there is no contract between black horse or bank of Scotland can some help me in writing a defense to there POC
  4. Hi, I have a savings account with the Post Office, I deposited a cheque into the account in December 2014 when I tried to withdraw cash from the account I found that the PO had frozen my card. I contacted them and they said that it's because I hadn't advised them about a change of address (which I had done about 18 months previously but they say they hadn't received it). I promptly wrote another letter with the change of address which they received on 22 December 2014 they said that there would need to be a 5 day freeze on the account before they could issue me with a new card. I waited and waited but the card didn't arrive I contacted them again and on checking their records they advised me that they had sent my new card to my old address. When I queried this they said that an error had been made and that they would freeze the account again and re-issue a new card to my current address. I eventually received my card in the middle of February 2015, a nd I hadn't been able to access any funds which were in the account until that time. I complained to the PO about these issues and explained that this had put me into financial hardship and today they have sent me an offer of compensation of £75. I would just like to check if this seems like a fair offer or whether I should consider reporting this incident to the Ombudsman because sending my personal information and my bank card and pin number to strangers seems like quite a serious error to me
  5. Good Afternoon, I'm beginning a small claims court claim against my former employer, for money due to me in unpaid wages. Rough situation is that during the time I was employed, my hourly rate was NMW, however I was required to work for 9 hours each day and only paid for 8.5 hours. As the wages received did not amount to the NMW for the hours worked, I reported the matter to HMRC. They have provided me with a determination of money due, which amounts to approximately £350, however they are no pursuing enforcement action. As my employer was a franchised store, it is my intention to list both his operating company, him personally and also the franshisor as defendants to the claim. Would anybody be able to help me with the wording of the POC, please? Many thanks
  6. Hi everybody, After your expertise and great advice again please. Story so far..... Sent SAR to MBNA, successfully reclaimed PPI, all done and dusted within 2 weeks of receiving SAR. The charges, not so easy. Here is what I sent to MBNA in April COMPLAINT Dear Sir or Madam, Following media reports and an investigation into credit card charges by the Office of Fair Trading, which I have recently been made aware of, I now understand that the regime of fees which you have applied to this account in relation to late fees, and over limit charges, are unlawful at Common Law, Statute and Consumer regulations in that they did not represent a genuine pre-estimate of your actual costs. It is my contention that you have failed to operate my account in a manner conducive to the above and have demonstrated a lack of fiduciary duty. Additionally, these unlawful charges have contributed to undue stress, unnecessary distress and years of harassment from both MBNA and the debt collection agency appointed by MBNA, namely LINK Financial. I calculate that you have taken £xxx.00 plus £x,xxx.00 which you have charged me in interest which total £x,xxx.00. In recent years, Courts have been happy to accept claims for bank charges that exceed 6 years, whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the Limitation Act 1980. Should County Court action be needed to recover these charges, I will be seeking to rely on this. Therefore this letter requests a refund of all charges indicated including interest within 14 days from the date of this letter. I request that payment is made directly to me by cheque and that any refund in whole or part should not be allocated to any set off or third parties. Should this occur, my claim will be deemed as unsettled and I will proceed to the Courts for recovery. You now have 14 days to respond positively and in the absence of this I will put you on notice with a further 14 days letter before action I trust this clarifies my position. Yours Faithfully I had an acknowledgement and then a 'we will respond by' letter, and yesterday I received this. Dear Up2 We refer to your recent correspondence concerning default fees on your account. I would like to clarify the situation from our perspective. We have always set out precisely what our charges are in our agreement with you, as they are an integral part of the t&cs under which we are prepared to provide credit facilities. In the case of all the charges we apply for breaching our credit agreements (including overlimit usage of the card, making a late payment, or writing a cheque or authorising a direct debit which is returned unpaid), we look at the portfolio as a whole and set uniform charges reflecting our costs of dealing with such defaults overall, as do all other major credit card providers. This approach allows us to be clear and upfront about all default charges and the basis on which they are applied. You may know that the OFT issued guidelines in April 2006 in relation to the level of credit card default charges across the industry. MBNA disagreed with the OFTs interpretation of the law and continues to maintain that it's default charges have always been fair, legal and transparent. However, we decided to reduce our default charges to £12 with effect from 28th June 2006 for late and returned payments, and 28 July for overlimit fees. We do wish to resolve this matter, however, our records indicate that you have not been charged any default fees over the past six years. Therefore I am unable to offer any goodwill credit on this occasion. I trust this response is acceptable. We have now exhausted our complaint process; therefore I must advise that this is our final response on the matter. If the response is felt to be unsatisfactory, the complaint may be referred to the FOS, within six months of the date of this final response. Sarah Harrowsmith Vice President. So, What would be my next course of action please? I am prepared to go to court, but do not know the best way to proceed. (I got my POC for BC from other threads, but can not find anything suitable for MBNA) As always, all advice and thoughts gratefully received. Many thanks Up2
  7. Hello, I have received an N1 claim form from a building firm I am in dispute with over work they did for me (there was no contract or quote or any verbal agreement of the sum involved) - the N1 form is a photocopy which has been stamped by NCC/CCMCC but the photocopy is so faint that I cannot read the POC on the reverse. Presumably this did not come through MCOL. Who do I contact to get a legible copy and will that affect the time I have to put in the Acknowledgement of Service?
  8. Hi all, Currently in a legal battle with T-Mobile and put in a SARS request which they did send me a full A4 pack of documents. Missing from those documents and what I asked for is letters, Emails and web forms I had sent to them, I have since had a reply to my failure notice saying: " they have supplied all of the requested data where it exists and/or is still retrievable. I have sent T-Mobile at least 12 letters and 15/20 emails and not one of those is included in the SARS pack. I did threaten court so will have to do just that now as those documents will help my legal case against T-Mobile unless CISAS rule my way but need some help on my POC to get these documents. Anyone help me out or guide me to a template, I looked but get lost in the library. George
  9. Hi there, I'm in the process of MCOL and need some advice, I wish I'd come here first due to the problems and mistakes I've made. I initially wrote a POC of a sentence or two expecting to be able to send the full info separately. The next screen was the interest screen and thought the check box here related to support of interest & out of pocket expenses rather than extended POC. I then added the full interest rather than the daily rate. I apllied for amendment that was refused. Later being told that an N215 form? to add to it would have been suitable and no fees or anything involved. I returned the allocation questionaire and a week or so later and order that the defence had been struck out arrived soon after. Hoping this would be refused reinstatement I waited. Today I received and order to reinstate the defence is upheld. The other parties solicitor seems not to have recieved 3-4 items of court mail, when at my residential address I've received everything, not one item missing. Personally knowing the the RM have to carry court and business mail first I do not believe it. I personally think as my order to amend wasnt upheld they thought it would be dropped and therefore didnt return the allocation questionaire. So I phoned the local court today only to be advised that I was taking the individual to court and not the company, which was a bit of a blow. I need to up date the statement for court and some further proof the defence has requested. However I want to make sure I do this properly. I have been told by the court I can try amend the name with another formal application & fee. There's nothing to give me any confidence this will go in my favour after the previous attempt and that the judge seems to agree with solictors first and foremost (when it seems an outright lie not to have received correspondence from the courts on more than one ocassion). The courts have advised that if I go through this and its not in my favour, I can make a new application in the company name and make sure I get the POC right this time. So with respect of this statement, I need to ensure the judge understands what the amendment was about. Then what I feel about this request for the defence to be reinstated, then my statement of events and evidence? Currently it is just numbered paragraphs with reference to the evidenced documents? The defendant hasn't told the solicitor everything, he maintains that the first he heard from me was my letter of January last year, he fails to tell the solicitor that I came for remedy in person with a friend and he would only give the bad workmanship a casual glance and offered no remedy as the guarantee was out of date by around a monhth. I suffered with a back injury so the car had broken down in Cornwall at relatives some 250 miles away. I was in effect bed ridden for about 6mths so couldnt get to the car to pick up on the workmanship. I realised under the sale of goods and services act that I have 6 years for workmanship to show up and make claim. I wrote explaining this and CPR rules and he stopped returning correspndence. I left it for another month to give ample time and show willing before setting up the MCOL. I wrote 3 formal letters in total as wanted to resolve out of court and just obtain a refund on the gearbox reconditioning, rather than the clutch failure thats related and various other expenses. Thanks for any advice in advance Jess
  10. Hi, just doing a claim for mam! I've filled in FosRunningPPI v101.xls (I have all statements) (Interest Rate + Statement date + Monthly Spend + Monthly Payment + PPI Premium) In the "Award Calculation" Box, all fiquires are there apart from the "8% Simple Interest - £0.00". I can't fiquire out why it is not calculating the simple interest, any ideas? Many thanks
  11. Hi, long time member, infrequent poster. Looking for some guidance as I have received today a court claim as below, After reading up on here about Acknowledging Service and CPR procedures, I have acknowledged service online and requested the following from Hegarty under CPR 31.14, 1 the agreement relating to Personal Loan Account number AAAAAAA. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2 the assignment from Secure Trust Bank plc to your client 3 the Notice of Assignment sent to the defendant by your client 4 documentation showing compliance by your client with Section III and IV and Annnex B of the PD Pre-Action Conduct I have also sent a SAR to Secure Trust. Can anyone advise what the next thing(s) I should do are?
  12. Hi all, I have written a detailed particulars of claim and now wish to take the next step. I noticed that in the help guide for MCOL it states: "If you don't have space for all the details, provide a summary of your claim and say you will send the details separately. You will then have to send the detailed particulars to the defendant within 14 days of submitting the claim. You will also have to send the court a 'certificate of service' form. If your case is transferred to a local court, you will need to send a copy of the details to the court within seven days." I have the following questions about the above and I would be extremely grateful if anyone could help answer them: 1) Which court do I send the 'certificate of service' form to? Do I have to do this immediately? 2) On the 'certificate of service' form it asks for the name of the court and a claim number- where do I get these details from? 3) On the 'certificate of service' form it asks for "The date of service is" - what is this and where can I get this date from? 4) On the 'certificate of service' form it asks for the documents that I have served and requests to attach copies of these with the form. Does this mean that I should say I have sent my detailed POC, and then attach a copy of these? Does this include evidence e.g. invoices etc, or is this requested at a later date? 5) On the 'certificate of service' form it states: "Give the address where service effected, include fax or DX number, e-mail address or other electronic identification" - is this asking for the details of where I sent my detailed POC to ? 6) When I submit the claim, will a letter be sent to the defendant containing the details that I have entered in the MCOL i.e. will they be made aware that I am claiming against them? 7) Do I have to say in my detailed POC that the defendant has to defend themselves or will they get some kind of information pack explaining this etc? 8) How will I know if the defendant has responded within 14 days, and if the case is being transferred to the local court? Sorry for all the questions, this is my first claim and it is all very confusing Many thanks. regards Jonathan
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