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  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. Help needed on lowells fastrack 14th sept '18. lowells are chasing me for £15,500 for a non secured lloyds loan. i defended a lowell ccj in northampton ccbc via mcol and aos, i have received notice of assignment but not deed of assignment, lowell are going for the jugular and i have had enough, not just of lowell but the depression i am suffering is stopping everything but work and worry. I have redacted copies that will give details of everything and my poorly advised (i think but not sure) fast track response denying debt which I'll upload either in pdf or jpeg format as needed and an other info prior to the upcoming case. needing best advice available on cag in the final stages please. jazz.
  3. Hi, I am defending a multi track case and i have the DQ form: formfinder.hmctsformfinder.justice.gov.uk/n181-eng.pdf Am ok with the rest of the form but it is asking for draft directions, i have looked on google, can anyone point me as what draft directions i should be looking at putting forward?
  4. I believed a debt was statute barred when I checked my credit file last payment was in 2009, now it has gone off my file. Lowell now demanding payment, I sent a statute Barred letter to them they replied that termination of service was in 2009 but payment was made in Sept 2011 so not making it statute barred which I totally disagree as my situation was so bad for that period and could not have afford to make any payment from 2009. I don’t have the bank statement, the account had been closed. I sent a letter to lowell to prove date of last payment but they had ignored this. They informed to have made a court claim which I have not received any letter regarding this. Also they asking me to contact the court for a copy. i have contacted the court and i have been emailed the claim form, filled and returned to the court. the court sent a letter of acknowledgement of my defence and that a copy been sent to the claimant. i received a letter from the creditor that my case is on hold as it is being reviewed a copy of Directions Questionnaire (Small Claims Track) which they had filled that i will be sent my copy directly from the court to be filled so that the court can then make decision from these documents. i have asked the creditor severally to prove/send me evidence of my last payment which has been my defence and up to date they are yet to get that to me. I have been sent a direction questionnaire to fill and return. I don't understand this process they are taking and don't know what to do.
  5. Hello fellow forum members: I’ve just received a Country Court Claim form : I’m a complete novice at this, I’ve never been to Court before - or posted on here before. I hope someone can give me some advice. The claim is from a gate installation company who have done part of a (verbal) contract made 18 April 2016 to make and install an automated sliding gate, around £5,600. I haven’t received any paperwork from the company (Contract, T&Cs, design, safety and compliance etc), nor have I signed anything. They laid the track for the gate in concrete on 01 June 2016. The ground works were done by a freelance carpenter. My builder who was present raised concerns with him about how the work was being carried out, and was told ‘this is how we do it’. There was no quality control during the installation and no supervisor visited the site during or after the installation. The owner told me they were very busy, I’d have to wait for the gate. My husband agreed “as long as it’s in before winter”. 15 July 2016 I received a new quote by email for the gate and installation for a 28.5% price increase. I did not agree to a new price. If I had known they intended to change the price part way through the contract I would not have agreed to proceed. 03 Aug I got a statement for just under £918.00, no invoice. I queried it (nicely), saying I had not received an invoice, what was the charge for. I was told it was for some work which I had commissioned my builder to do ie they did not do this work. I wrote to them. They then said the charge was “for site visits and a track ordered but did not go ahead”. I had asked only for a sample of the track. This is not an order. They said they had sent an invoice 27 July (not received by me). I wrote a nice letter back disagreeing, but suggesting we just continue with the work and contract as originally agreed. They wrote back to say they would take this amount off the final price on completion. However if I paid this I think it would mean that I had accepted their new higher price. 16 Sept 2016 email - the owner changed their description of the work they were charging for again: now it was for the installation of the track and wiring. Still no invoice. I asked them to forward the invoice. They did so 27 Sept . It’s now 2 months since the date they claimed it had been sent. The construction of the header (date, time of sending, subject etc.) of the forwarded email does not match any other forwarded emails and additionally shows the last (Sept) description, not the one given us in July when it was supposedly sent. So it seems the invoice was never sent, and that this 'forwarded' email is a fraudulent document. I was still waiting for a response from the owner to the letters I had sent. 25 Oct I received another threat of county court action. I wrote back 06 Nov, acknowledging the threat and telling them we had lost confidence in the company and would not continue with them. 15 Nov I received an invoice for 10% ‘late charge’ i.e 10% of their invoice +VAT. I wrote back 16 Nov confirming that the charge was in dispute and I would come back to them in a few days. 18 Nov received County Court claim dated 16 Nov. They have ignored all the questions and points raised with them, and have just continued to stick with the new price quoted after starting the contract, and this later demand for payment. They haven’t started making our gate, it’s well into winter. We called in another gate company to quote, they have told us the track laid is not straight and not flat and will have to be removed and replaced. I sent photos to the Gate Safe, an independent charity/training/industry oversight body. They agreed the track had to be removed. The job is difficult and complicated and may require removal of newly constructed landscaping and may affect the foundations of a wall. It will be highly disruptive. Gate Safe has safety concerns about the claimant’s work, as do we. I wrote to the claimant 17 Nov 2016. The claimant has offered to have “an independent company’ assess the track” (23 Nov) and say they ‘will put right anything that is incorrect’ if necessary. We have no confidence in the claimant’s ability to do the work, or their contact’s independence. We would like to get the track removed and go to someone reputable. If the claimant relays the track we won’t get a warranty from any gate manufacturer/installer as they won’t have laid it. They really have put us in a difficult position in addition to holding up our landscaping works still further. What am I reqd to do? Have I got grounds for a defence and maybe a counterclaim? Any advice or help would be gratefully received. I’ve looked at the Consumer rights Act 2015, is this the (only) legislation to quote?
  6. About a year ago we had some building work done which has now turned out to be sub-standard. I have tried to get hold of the guy, but his home phone and email no longer work, and I suspect his mobile number has changed also. All I have is a name, a bank account/sort code, and a post code. With the beauty of hindsight I should have never used a tradesman who didn't put his full address on his paperwork. I have done a WHOIS lookup on his website, and I have a registered address from that, which is different (but close) to the "contact us" details on the website. I`ve not been able to find anything on the companies house website - presumably the registered company is operating under a different name? How do suggest I proceed in tracking down this builder?
  7. Hi all Firstly I'm going to apologise for not making a proper introduction post, however I will eventually get around to it. I was just wondering if anybody can clarify if Fast Track collection orders (where payment is made online before visiting the store) are covered by the Consumer Contracts regulations (formerly distance selling regulations)?
  8. Hi, I am looking for a little advice. I received a claim form from the county court business centre from the claimants Pra group. I then completed a CCA request and CPR request, which the claimant and their solicitors did not fulfil. I filed my defence, and was updated by the claimant they would provide the documents in due course. The claim was then allocated to the small claims track, and mediation was offered. I had to refuse mediation due to not having all the documentation, which the mediators recommended. Within two days the claimants solicitors sent all the documentation from the CPR and CCA requests, not sure if they were trying to avoid mediation. I have the signed agreement from the credit card but I am a little confused. The agreement was signed by me on the 4/10/2011 with bank of Scotland Plc for an aqua credit card and stamped with I guess an internal stamp on 10/10/2011. The particulars of claim state that it was an agreement with progressive credit ltd entered into on the 12/10/2011. As the dates and the company do not match is this an issue, The particulars of claim state default was made on 18/7/2012 but that last payment was December 2011. The assignment from progressive credit to aktiv kapita was on the 24/1/13 however the particulars of claim states 29/1/13. All assignment documentation has been provided finally. They have also provided me with the notice of assignment from activ kapital to Pra group, but only the letter from Pra not activ kapital, is this sufficient? Any advice would be welcomed, thank you. It is just following the provision of documentation they have advised me to withdraw my defence, and I am unsure if this is correct how I would go about doing it, as I do not want a ccj on my credit file, and do not have the fund to pay in full. I will set up a payment plan if they own the debt, it is just it seems debts have been passed from pillar to post and I want to ensure I am paying the right person for the correct debt.
  9. A new DWP website has been launched by the Pension Tracing Service to help people more easily and quickly locate their lost pension savings. There is currently an estimated £400 million in unclaimed pension savings. This is money people have previously saved for their retirement, and the new website will better help people to locate their hard-earned savings. The new DWP online Pension Tracing Service helps reunite people with their lost pensions, giving details of providers to help people track them down. Anyone who thinks they may be missing out on any savings can use the free online service at www.gov.uk/find-pension-contact-details. You can search for a workplace pension (a pension an employer has set up for you), a personal pension (a pension you have set up yourself), or a civil service, NHS, teacher or armed forces pension. If you're looking for a workplace pension, you'll be asked for your employer's name. If it's a personal pension, you'll need to enter the name of your pension provider. If it was an NHS, civil service, teaching or armed forces pension, you'll be given a link to contact the specific pension enquiry service directly. Once you've clicked on the relevant company or pension, you'll be provided with a name, address and possibly email or phone number for the administrator of the pension scheme you may have paid in to. You now need to write to or call the administrator to see if they can find your pension, and if so, how much it's worth. If you're writing, include as much useful information as you can – in particular your name, date of birth, the rough dates you believe you had the pension and your national insurance number.
  10. Hi all, Im at a complete loss. I got a ccj claim and thought id filled it all in correctly - wasn't entirely sure what the debt was, Im thinking a payday loan that I abandoned. I filled in acknowledgement of service and defended the claim using information I found through researching my problem and using an appropriate template from here or so I thought. I got a Notice of proposed allocation to the small claims track and have to reply in a few days and I don't know what I have done. Or more importantly what to do. Ive buried my head in the sand and Im just at a loss with it all. I think Im getting somewhere with my debts and then I go and mess it all up (sorry I know that is very woe is me) Having a really tough time at the moment with home life and anxiety and this is just pushing me to the edge. Just sold our home to move into rented accommodation and the last thing I need is a ccj causing me issues with renting a place Can anyone please advise? Many Thanks
  11. Greetings. I filed an N164 asking for permission to appeal about a month ago. I haven't heard anything back yet. I was wondering... is the N164 form, where you tick "I ask for permission to appeal", essentially a request to the district judge who has the case for permission? Or is the N164 with that option ticked essentially an appeal notice that will go to the circuit judge where they will decide on permission to appeal? I would like to proceed by filing an appellant's notice and ticking "No" in answer to "Has permission been granted?". Any thoughts?
  12. If a claim was dismissed, can the solicitors have a 2nd bite ? POC are identical ? Can you advise on CPR or any case law applicable. Old utilities bill circa 2010, value 1500.00 Final reading provided, final supposed bill paid. Came out of blue. Defended grounds back billing rules, produced final bill in court that was paid. Claimant wanted to not go before judge in meeting before hearing, I insisted we did. Judge dismissed case. Any help appreciated... C
  13. Saw this story on the news this morning - http://www.credittoday.co.uk/article/17947/online-news/dcas-in-crackdown-on-foreign-driver-parking-fines But the news piece didn't really give much of an explanation and nor does the above story. So currently, councils cant access foreign car data (unlike our UK DVLA system), but they are going to employ DCAs (who we all know have zero powers even in the UK) to track down these foreign car owners (how ??), and ask them nicely to pay ? I cant see the success rate being very how, surely it will only end up costing councils ?
  14. God what a mess!! I will try and explain this as best I can but I have gone so far and don't know if I am doing this right. I have two accounts with Santander which makes matters worse coz I'm not sure if I should now separate them into two claims: 1 account I had a £1000 overdraft on it and I used to pay £20 per month for the privilege, I need to clarify this detail as they have removed the account so I cannot see the statements anymore but I think I forgot to pay the £20 one month. My wages were now with another bank but as long as I paid the £20 Santander were happy with the overdraft just sitting there. As I forgot this is how it escalated in bank charges from £45, £100, £150, £150 & £120 so now the amount owing is £1604.99 of which £565.00 is charges. I have a 123 account which went £9.95 overdrawn and then after a few unpaid charges of £5, £10 they started putting on big charges up to £380 pounds. I recently paid this account £81.23 which is what I felt I owed them and this now leaves the £380 in big bank charges. I phoned Santander in December and they did an income and expenditure with me over the phone and said I needed to speak with Stepchange as I stupidly got mixed up with Payday loans. I wrote in April and they were going to go through my Income & Expenditure but never heard back from them by phone or letter. I wrote a LBA and I have just received a final response saying sod off basically. Do I really have a leg to stand on or should I take it to the Financial Ombudsman or Small Claims Court and see if they are bluffing? I should mention that the £1604.99 amount has been passed to Robinson Way and they have registered a Default. All I wanted them to do was to remove the £565 in unfair bank charges so that I could set up a payment plan for the remaining amount and start repaying my overdraft!! The £380 they are threatening me with a Default at the moment so I expect any day this will appear on my credit file. I explained in my letter that whilst an account was in dispute they can't do that but they said that as far as they were concerned my accounts were not in dispute!!
  15. Hi, firstly thanks for reading my post. The reason for urgency is that today I received a letter giving me 7 days to reply. It is dated 1st May, today is the 8th! Lowells/ BW Legal originally tried to get money from me and I sent them the official template letter saying 'prove it'. They ran out of time. They have now started something different saying 'Notice of allocation to the Small Claims Track'. I am required by the court to complete Directions Questionnaire regarding settlement/Mediation. They have included in their letter a copy of my alleged Littlewoods account statement. And a credit agreement that is UNSIGNED!!! They STILL have not proved that I owe this debt. (The questionnaire also asks if I believe the small claims track is the appropriate track, if that is of any help) I need to email today. (its too late to post to court). If it helps here is some further information: -I last submitted my online defence on 3rd March 2015. They did not comply. No signed copy of agreement, no proof of debt being sold etc -There was no further contact between us until 8th April. -They are attempting to mediate. I don't know whether I should to the hearing or mediation or reject the small claims track attempt. I don't know what to put on the form Please help me! Thank you
  16. Any advice gratefully received. I had a contract lease hire car for 2 years from a company, when the car was returned I received a further bill for about £900 which I disputed however they proceeded to instruct solicitors to pursue the matter which they did through the Small Claims Track. Fast forward 2 years and they have now served a Notice of Discontinuance (N279) 7 days before we were due to attend court. As you can imagine I have spent a lot of time and some money preparing and filing court documents etc, but as I understand it I cannot claim any costs for wasted time. So is there anything I can do to recover any costs, can I claim for damages, or do I just smile knowing its cost them a lot more than me.
  17. Hi just had a doorstep visit from debt collectors moorcroft my husband answered the door and nearly let her in i asked her to leave my property which she did no problem and just said she would put me down as a refusal i was just sorting out my ccas do i now send them to moorcroft or citicards
  18. We have received a N149B (notice of proposed allocation to the Fast Track) from the county court business centre with a questionnaire attached to complete and return. We must reply by the 27th April, the debt is for a Sandander Loan taken out in Oct 2006, but we have received a Claim from Hoist Portfoilio Holding (Solicitor Howard, Cohen and Co). I replied to the Claim on moneyclaim, and also wrote to Howard Cohen with the Status Barred letter. How to I need to act as regards to the N149B??? I am completely in the dark now Thank you Molley
  19. DWP have announced that they intend to make a second London borough a trial area for the Digital Service for Universal Credit (UC) If you want to know more please follow the link below (Published 15/05/2015) "Croydon to become second area in UK to undertake controlled testing of enhanced digital service targeted to deliver the flagship welfare reform" http://central-government.governmentcomputing.com/news/on-track-universal-credit-digital-service-set-for-summer-expansion-4578661
  20. Hi all, This morning I received a letter from EOS Solutions UK PLC quoting a previous address trying to track me down. The letter requires me to phone them to discuss a personal matter. A google of the company has highlighted several people with issues with this company trying to extort money from them. Ive read they are a debt collection company so I signed up for Experian and checked whether I owe anything but my credit score is 999 with nothing owed. Should I ring them as asked or just ignore the letter and wait? Could they be phishing for details? Thanks for any advice.
  21. Hi, Basically i have an old debt with Capital one which has been passed onto Lowell DCA. I requested details of the debt under s87. DCA replied and sent a photocopy of the agreement with no terms and conditions etc. I then ignored the DCA to which northampton bulk centre stepped in and filled my defence asking for all GENUINE signed documents to be sent to me.. I have not received any documents from them since. I then received a notice of allocation to the small claims track hearing. The parties shall serve upon each other and file at the court 14 days before the hearing date A) Written statements of evidence of any witness. B) Copies of documents relied upon The original document shall be brought to the hearing. Is there anything i need to do or worry about with this case? What i must say though is the name on all documents that they and the court have sent has the incorrect surname on. As i changed my name since the last use of the card but before any action being taken. I have checked my credit file and also notice that they hold the wrongdate of birth on the account.
  22. Hi This is probably a long shot. I have only just remembered I had PPI on some car finance I took out with a Ford Dealership in the year 1999 (I think). I have no paperwork at all left and the dealership is no longer at the same premises. I'm thinking it was probably Evans Halshaw, but not even sure of that. The dealership was on Station Brow or Stanifield Lane (part of same road) in Leyland, Lancashire. I have looked on google and it isn't bringing up a thing (even in images). 1. Would this dealership have been a franchise? 2. Am I flogging a dead horse? Thanks, as always.
  23. Hi i wonder if you wonderful people would be able to help, my legal knowledge does not stretch this far. Last year we were sued by a customer in the small claims court which we lost.We had a date with which we were supposed to pay the claimant but he avoided our payment. I informed the court on every level and wrote and called them several times to inform them we had tried to pay. Eventually it went back to court and the judge said we had to pay within 7 days, we were given bank details and paid the amount. In the original case the judge said that when payment was made we were allowed to recover our property.(this was why the claimant delayed us paying). The claimant informed the judge that he had disposed of our property and the judge said we would have to take him back to court to recover the costs of the property. This being less than 5000 pounds. I applied to the small claims court and filed the relevant documentation. I asked for the case to be heard in the small claims court where the costs are smaller and the original case was heard, but they have allocated it to fast track and the costs are so much more. Sorry to beat around the bush, but i was wondering if any one new how i can change from fast track to small claims. Many thanks for any help
  24. Hi folks, New to this forum. I fell into the downward spiral of payday loans in August and I now owe 3 companies money. (Myjar, the loan store and 24/7 moneybox) £700ish in total. Tonight I have emailed 2 (the loan store, 24/7 moneybox) of them thanks to a template I found on this forum, informing them of my financial difficulties, my right to cancel my CPA and wishing to do so. I have also informed them of my wish to enter a repayment plan and want all interest/fees frozen in the meantime. I've also informed them I will be contacting my bank tomorrow to cancel all CPA's, and that any monies due will not be able to be settled until I have entered a repayment plan. I am with Halifax bank of Scotland and have noticed a few folk having difficulties cancelling these with this bank. An suggestions to ensure they are cancelled? Also suggestions of what else to do if I'm met with any harassment, refusal of repayment plan vet from the above companies?
  25. Hi, I had court papers from Northampton CC as a companyin Milton Keynes had brought the debt, (old Barclaycard £2,000) be ignoringcall for three years. I had a look on the site and sent off a CPR 31.14 Request to their solicitors. Heard nothing backbut was worried about a defence and came across this defence and sent it off Defence 1. The claim aspleaded does not contain sufficient particulars to permit the Defendant to filea properly particularised and pleaded defence. The Defendant has made a requestfor disclosure, pursuant to Part 31 of the civil procedure Rules, to the Claimant to allow him toproperly respond to the claim. The Claimant has failed to respond to the Part31 request. 2. It is Notadmitted that the Defendant signed an agreement with Barclaycard If, which is not admitted, such anagreement exists the precise terms and date of any such agreement are notadmitted. The Defendant does not have in his possession any such agreement andis not therefore able to comment thereon. The Claimant is put to strict proofas to the date and terms of such agreement. 3. It is averred that if any agreement existed that the aforesaid agreement wasa regulated agreement within the terms of the Consumer Credit Act 1974 (TheAct). It is not admitted that any such Agreement is enforceable within theterms of the Act. The Claimant is put to strict proof that the aforesaidagreement was properly executed and has been enforceable at all times sinceits' inception. 4. The Defendanthas no knowledge of the service of a default notice. The claimant is put tostrict proof as to the content and service of any such alleged default notice. 5. The Defendanthas on knowledge of the service of a termination notice. The claimant is put tostrict proof as to the content and service of any such alleged terminationnotice. 6. Further and in the alternative it is not admitted that the sums claimed arelawfully owing. The Claimant is put to strict proof as to how the sums claimedhave been calculated and as to how it is asserted that the sums claimed contractuallyowing. 7. Further and in any event in view of the failure to comply with the CPR Part31 request it is denied that the Claimant is entitled to costs as claimed or atall. 8. In view of the foregoing it is denied that the Defendant is indebted to theClaimant as alleged or at all. Statement of Truth I believe that the facts stated in this defence are true. I am the Defendant. signed and dated. Received aletter telling me that they do not except my defence and the court have sentpapers to notice of proposed allocation to small claims track. Should I of notsent off a defence? Do I agree to the small claims court? What should be mynext move? I only have till the 23rdMayto deal with this. Thanks in advance
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