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  1. Hi guys massive advice needed. I'll try and get to the point but this is so complex you would not believe. Split up from wife in Jan 14 moved out she stayed in house due to the 2 kids. Morgage solely in my name. Went on credit report Nov 15 due to not being able to get a overdraft credit card or add a tablet to phone contract. Couldn't access it for weeks due to many factors one my own fault did no realise I wasn't on electoral roll. When I did get on it there was quite a bit of debt not a huge amount but things I knew nothing of. Signature forged etc. One debt ended up in a CCJ, but I went to court and had it set aside. I have not reported her for fraud due to the kids. Lots of credit searches in her name to payday loan company's many to a company called welcome finance. Who had been calling me about a debt for a few months prior about a joint account . Yet every time I went down local office when I found out where it was no one would speak to me due to data protection. There is nothing on experian tying me in with this debt no default, no loan account Due to CCJ I contacted land registry to see if anything there and a legal charge secured loan to progressive finance 2006 again not clue how. Do some digging and welcome and progressive same company . I email them for more info. They tell me it's down to a secured loan I took out in 2008? But the charge says 2006 I asked for further information on this? Such as a credit agreement. As I have had no dealings with your company. Other than a few phone calls regarding payments when I went down to the local office in Merthyr and returned phone calls asking for more information no one would speak to me regarding it or provide what I asked for. I requested a CCA which the returned po and asked for my signature I did not sign and told them they gave sent information before so I have no need to prove who I am they emailed a credit agreement dated 2008 which looks like my signature but you can barely make figures out. After the 12 + 2 days were up. I head office they were now in default and they had not provided me with what I'd requested . I then received a sar. I had a default notice asking for arrears from local office , they were sent a debt dispute letter. I had thank you for being a good customer and local branch were moving in April 2016 heard nothing since I look through sar there are blank pieces of paper with my signature on there are loans some look like they are my signature some definitely aren't mine. almost all have her and my signature loans are from 2001 to 2008 the last loan was for 30 grand and 39 grand interest on top 300 months? There are call logs saying mr called in was not me phone calls again not me . But the handful of times I did ring or go down to get answers nothing logged . Am bank statement in this sar are ex wife's. There are some of my bank details for direct debits I've checked my bank there were many payments to welcome. No dockets of mine in there or proof of my wages at all. There a piece of paper saying legal charge 2008 but it hasn't been registered with land registry. There are statements and I have to admit when I left in 2014 I paid money to this company as she worked out who would paid what. Stupid not to question but my head was in shed when I left. . I have calculated that £20.6026 has been paid to loan since 2008 balance on then was £30,514.26 and still stood at £25,384.31 in July 15 no payments since jun 2015 cos I had already wised up by then and thought why am I paying a debt that's hers. The loan before this in 2006 you can't read figures on the fixed loan sum agreement it looks like £429 a month. on the contract and legal charge agreement it says £129.39 180 months they all look like re writes but not all are that readable. Plus they have overinflated house price in 2003. Is this loan legal enforceable? What can I do? Help?? Still haven't heard a pip out of welcome.
  2. Hi All, I am taking a company to court for damage to a vehicle I own. The defendant has defended and made a counterclaim. I am at the stage were we have recently exchanged witness statements and a court hearing has been set. Looking through the witness statements they are made up of lies throughout by two witnesses. I received these statements on the final day they had to be submitted and I am unsure if I can make the courts aware of their lies. By lies I will explain, I am being counter sued for a certain amount, an invoice has been sent to show the cost of damage that they say I done to their property, within the invoice it has parts used which in the witness statement states they were put on after the incident that I am claiming for. I am unsure if I can send a letter to the courts to highlight this or is it to late and I will have to see what happens on the day. In the court directions for the witness statement request it states that we should send any relevant documents or evidence to the courts to come to a decision, however this is new evidence at the last minute. I hope someone can shed some light for me. Thanks
  3. I am trying to help someone who nobody really wants to help. There was a case of criminal damage Where this person involved was arrested for criminal damage to a house. On his barristers advice he admitted the damage and was sentenced. It now turns out that the complainant misled the police and also the star witness's known personally by the complainant has also pulled a fast one by misleading the police. How can this be brought to the polices attention as the person prosecuted is sure damage was caused on purpose and blamed on them. How do they go about notifying the police about this ? Spelling and punctuation mistakes have been caused by Auto correct on my my mobile.
  4. Hello all. Firstly, as a first time poster I just want to say how useful this forum is, so I’m hoping you’ll be able to help me out too. I was recently stopped by a Southern Rail inspector. I was travelling on a packed commuter train and (although many of you might think this is an excuse) I suffer from really bad foot pain, which I have been to the doctors about, and sat in first class as I was in real pain. In hindsight, I shouldn’t have done it. I should have asked someone to get up for me, but being a young guy I doubt people would have taken me seriously. I spoke with the conductor who made me feel out a ‘witness statement’ I gave my name, full address, phone number and then she handed it to one of he colleagues who completed the process. He was a nice guy. He told me not to worry and that they would send me a letter in the post asking for a fine. But he didn’t ask me to pay anything there and then, he said I had to wait until the letter comes through. I later revealed some kind of gold badge and asked me a few questions which I answered truthfully. He said not to worry and that this was only ‘civil’ and that I would 100% just get a fine. I’m not a fare dodger and never sit in first class barring this one time. What should I expect? Just a fine? A court summons? Once again, thanks for all your help/advice.
  5. I am currently in dispute with a builder over a patio - there have been several attempts to remedy the situation over the past 12 months the patio has been re-laid but there are still significant issues. Last time the builder was on site I unfortunately swore about the situation not directed at the builder. The builder became very aggressive and intimidating - shouting and swearing at me. I asked him to leave the house and he continued. Fortunately, at this point my wife came home with my daughters and she could hear the builder shouting from outside the house. I managed to get the builder into the front garden where he continued to shout and swear at me in front of my wife and 5 and 3 year old daughters. My wife asked him to stop multiple times. We got the children in the house and then he eventually left after a final tirade. In the evening the contractor sent a text to my wife rather than me acknowledging his behaviour had been inappropriate. He is offering to carry out further remedial work but we are obviously reluctant to have him back on site after this situation - he is a big guy. Where do we stand legally if we don't feel comfortable having him back on site?
  6. hi, could somebody explain the purpose of a termination notice? i have been served a termination notice 14 days after being served a default notice which i believe to be correct. however i have been served another default notice which is dated the same day as the termination notice. also i am still receiving threats of fees and charges and am wondering the point of the termination notice.
  7. Hi everyone, hoping to find some urgent last minute help in this wonderful community Name of the Claimant ? Lowell Portfolio Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 03/10/2016 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. Unfortunately I have now lost that document as have moved house twice since receiving their claim... have attached the defence I sent and the claimant's witness statement Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No What is the value of the claim? £938.19 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Vanquis credit card When did you enter into the original agreement before or after 2007? After (05/08/2010) Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I lost a job at the time and couldn't make monthly payments What was the date of your last payment? 30/12/2011 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? No ------------------------ Hello everyone, Only just joined the community, but have been carefully following few threads to help with my personnal situation. So far it has been a priceless source of information and I hope to seek further help! I have my court hearing this coming Tuesday at 10am - here is a timeline of events: - Vanquis Agreement dated 05/08/2010 - Last payment made to Vanquis on 30/12/2011 - Notice of debt received by email from BW Legal/Lowell on 13/09/2016 - Letter with CCA request sent on 28/09/2016 - which was ignored - Claim issued by Lowell on 03/10/2016 - CPR18 request sent on 25/10/2016 - again, ignored - Defense sent on 05/11/2016 (copy of my defense attached in the thread) A year gone and never received the documents I asked in order to prepare defence of enter into mediation - DQ filed by claimant on 20/11/2017 - Sent another CPR18 request on 24/11/2017 - yet again ignored - Direction Questionnaire filed on 30/11/2017 Which brings us to present days, and the witness statement receive from the claimant only 2 weeks before the hearing (attached to the thread) - while I have been requesting information since November 2016 ! With the hearing happening in 3 days, I'm getting exponentially nervous about what's going to happen - and how I should prepare to defend myself. I misunderstood the notice of allocation for the hearing and didn't send a witness statement myself... is there something I should do/say at the hearing? Can someone kindly advise on the best course of action for me to get in the hearing with a bit more confidence? I'd like to avoid a CCJ at all cost and just want to settle the debt - but have missed the opportunities to do so as they failed to send the documents I requested A few questions I have after reading the witness statement several times: - I never received the Notice of Assignment. Statement says "defendant put to strict proof to the contrary" - clearly, shouldn't these kind of documents be sent registered and/or signed for? My gut instinct is to say they should be the one proving they served me with the notice of assignment (their responsibility, isn't it?) - With my CPR requests, I have sent deadline for them to collect and send the requested documents - none were respected. I literally had to wait almost a year and half and the witness statement (just a few weeks before the hearing) to get any sort of documents from them. Is that a point for me to use in my defence? As I've been chasing documents for a while in order to prepare my defence, ignoring my requests and sending these at the last minute should play in my favour? Many many thanks in advance for any help that the community could provide me with I will make sure to keep everyone updated. BW Witness Statement.pdf BW Defence.pdf
  8. I got myself into a spot of bother with the cops. Easy done it seems. Long story. I'm not here to discuss that. I didn't do anything wrong. Idiots calling the cops over nothing resulting in me getting arrested. Anyway, I've had the first hearing and the next hearing is on Monday. My legal aid has not gone though yet. I haven't heard from my appointed solicitor as promised many times, either by phone or to arrange to meet. I expected a call at least today. Nothing! So as far as I am aware they have still not been presented with witness statements and evidence from the prosecution. And in any case I know nothing about the details of the prosecution's case and there is now exactly zero working days until the hearing. Apart from the fact I am considering going with another solicitor recommended by a friend and not WSA... ... where does my case stand with regards to this? Three charges. I'm looking at potentially resisting arrest and verbal abuse to the police as a worst case scenario. As I understand it it's good practise to have the accused, or their lawyer presented with the evidence 14 days prior to the intermediate hearing, or else how can I be expected to reconsider my plea? Anyone know of any nice little loop holes in the legal system I can throw at the judge on Monday and walk out the building for the last time, and extend my middle finger up to the whole thing? p.s. Scotland
  9. Hi i need help. I applied to take my employer (major big employer) to employment tribunal. Their 28 days to respond was up today. I rang the tribunal centre before they shut at 5pm and they said to their knowledge they had not recieved anything from the respondent. They said it was possible if theyd only sent it this afternoon they might not have picked it up so check next week. If they have not responded they can apply to extend the deadline? In what circumstances can they extend it? Ive read that they dont even have to say why they did not respond? I dont know if they are just trying to drag it out but it doesnt make sense that they wouldnt fight it. Its a massive case, im representing myself and im going to prove they are guilty but if they werent able to have a say it would make it easier
  10. Hello i have a pending action through small claims track (hearing) and have just found out that the defendant's partner sent a text to my witness asking if he had spoken to me recently! this was followed by a few phone calls asking same witness to "just pop up and sign something". All declined by witness. Should I inform the hearing about this?
  11. I had this - cars were following some big truck at about 40mph in 60 zone and then just ahead is the first possibility to overtake straight into 70 zone. everyone is taking right lane. I usually have a solid distance to preceding car and when I was doing it - just along the white line - guy behind used painted area to try to get in front of me and we brushed sides. He has damage to back side of his car around back wheel arch, I have damage to side at front between door and front lights. INsurance advisor was only suggesting that as I was changing lanes I could be at found fault too. I'm kind of not ready to take hit on that [costs - car is important to get me to work far away], but there is no witness, and guy can claim he has overtook but never went over painted area. The Only thing supporting my case is that there is junction in 200m and we have still managed to get it and stop round a corner - crawling slowly for most of the distance after accident. Road is busy and too dangerous to walk onto plus it was dark to get any evidence photographed. Only debris from side indicator could poss be found. 1. I'm not feeling at fault should I go already with letters in STICKY [more like messages as only phone number ready] 1a. When to send letter if only in few weeks I will know full extent of uninsured costs? 2. If I neglect that can he do the same? claiming I was at fault and what is worst case scenario? It is right thing to claim expenses, but now I just feel 'how I did not see it coming in a side mirror' but remember only it went fast and he had to well accelerate to be in front of me that fast :
  12. Hi everyone am posting this on behalf of a family member who is in this situation and doesn't use the internet. family member is a professional for the government. I will just refer to them as X.. X got their car keyed as did all the government team in a hospital car park by one of their service users who has a mental illness. Every single one of the people who got their cars keyed by this person reported it. The hospital captured this on CCTV which they have stated is 1080P sharp and clear and shows this person doing it. The police were called as a result and took the CCTV footage. All staff have so far settled claims either through insurance or cheapest quote. The mental patient here as well does have money as he jumped out of a window whilst in NHS care and got a substanial 8 figure sum from the NHS. X reported it to the police too, who under caution interviewed this service user/mental patient. The patient admitted keying X's car in a taped interview to the police. He said he did not realise X was not part of the government local team he keyed. Guilty person said he would pay full damages for repair of the car. X waited for him to pay 2-3 months but he did not, the police were chasing the service user/mental patient and the police had him mentally checked and a doctor declared he was under his own capacity of thought and has known what he did, so he is not unfit to be prosecuted. Police chased him for another month and told X not to worry they will be a witness in the small claims court if needs be to recover losses. X has this in writing in emails and alot of email evidence. Guilty party/person never paid and police now turn around and say X must get 3 quotes to satisfy guilty party's solicitor. X got 3 quotes, cheapest was £1400 inc car hire. Guilty party refused to pay it claiming it was too much. X was told the police cannot force him to pay it and X would need to go to small claims court. X filed in small claims court and the defendant/guilty party failed to respond within 14 days. X then filed judgement using MCOL online. X has today has a letter saying judgement has been entered. Now the Police have come back and said the guilty party will pay £1300 (excluding car hire) but will not pay court fees. Police have advised X to take the above as they will not be a witness if X does not take the above deal. X advised them can they put in writing (police after speaking to guilty party solicitor.) Police stated no they will not put in writing again cannot make him pay. X refused police's offer and stated the guilty party has had many opportunites to pay before court. Police offer now has told X in a u-turn that 2 weeks later after judgement has been filed that they have managed to get a cheque for X which £1300, still minus car fees and court cost. X was going to go back and say they will accept £1300 cheque as part payment but remaining balance will be settled through judgement can they do this? X feels it is unfair they are suffering and police is siding with guilty party kind of and wants to know if a judge would go against them for not taking the £1300 offer as X has suffered time off work and is not a high earner who is a single parent to 4 kids. X is unsure how judgement will work next as well, can anyone advise?
  13. The Parking Prankster has posted a very interesting and helpful case where the Judge stated that the Witness statement included facts that were were "tantamount to perjury"-strong stuff. http://parking-prankster.blogspot.co.uk/2017/09/ In the Blogspot summary the PP points out that PE and others quite regularly send out Witness Statements that are a tissue of lies and can get away with it because they have no intention of having the witness appear in Court . So there is no comeback on those parking companies or their tame legal advisers who mislead the Court. The PP thinks this is wrong and urges all defendants to call for the Parking Company's witnesses to attend Court thus putting an end to one of their disgraceful practices. Obviously any current members who are having problems with PE should fire off a letter to them stating the above case and advising them that if they issue Court proceedings against them, not only will their witness be called to give evidence, the reason why that is being demanded will be included so that the Judge will be forewarned of the type of company they are dealing with. One imagines that PE will decide that it may be wiser to find some other motorist to take to Court.
  14. My first post here, I think this is probably the best place for it. I witnessed a collision between a pedestrian and a bus around 18 months ago. I have now been contacted by investigators working for the solicitors for the pedestrian asking me to provide a witness statement in person. I gave a statement to the police at the time and subsequently in writing to the bus company, plus a brief response to the pedestrian's solicitors about a year later. I have no wish to be involved any further, and in particular I have no desire to help the pedestrian and his ambulance chasing solicitors given that the incident was entirely his fault. Am I under any obligation to agree to the request to give a statement, and if I refuse can I be compelled at a later date by a court to give evidence (the incident happened in Scotland but I live in England). The request was hand delivered, can I tell them not to visit my house again, and if they do is that considered harassment?
  15. Hello, I started a small claim in court against my landlord a few moths ago... Today I received the "Notice of Trial Date" (Form N172), that says I have to pay a hearing fee. Something I already expected. The problem is that I don't know exactly how to do that and there are no instructions in that letter. Do I have to send a cheque to my local county court (where the case was transferred)? Do I have to write a small letter saying that the attached cheque is for the claim number XXXX? I don't find related court fees to this step. BTW, I remember in the process, weeks ago, I received I letter that said that "This claim has been transferred to your county court at XXX. All correspondence should be directed to the transferred court" I search on the net but don't not exactly what to do. Thanks.
  16. I am a defendant in a fast track case. I have the other parties documents I requested copies of from their disclosure by list. There are other docs I know of the existence of and want the other party to disclose them as I think they have left them out because they will hurt their case. I have written to them requesting these be disclosed but have not heard back or received supplemental disclosure of these docs. I don't expect to hear back as they refuse to communicate with me regarding this litigation. I am planning to apply for a Specific Disclosure order and cannot find much guidance online on how to go about this. I want them to disclose specific documents, rather than to do an additional search as I think these should have been found and disclosed within the search they already carried out. There are 11 docs in total I want them to disclose. Some of the docs are mentioned by them in emails they disclosed, some are police records they can get through a subject access request, they have disclosed the Crime Ref numbers of these incidents and referred to them in letters they disclosed. My questions are: 1. What do I put in the draft order? 2. What do I put in my supporting evidence/information to support the application? 3. How do I refer to the places that bought these documents existence to light? Many thanks
  17. Hi ive just popped in to ask a really quick question. I have a small claims court case coming up 3rd February, the letter from the court says both parties should send a witness statement by 14 days of the court date. What is the last date to send the court and the claimant this witness statement? Thanks for responding.
  18. Has the UK got the continuing-violations doctrine in its Laws. I was under probation with a company and I raised H & S issues. A lot of documented bullying occurred. My employment was later terminated and the director cited the contract I signed in which they have the right to terminate my contract without reason. Much later after the expiration of the time limit for the Tribunal I made a Subject Access Request. I discovered that my line manager has been telling lies about me all this time. And these are lies that are easily disputable (Like I was found sleeping while on that day I was over a 100miles away on training). In a personal review list done six months after I left the manager still wrote down a lot of easily disputable lies. Now if the UK has a continuing-violations doctrine or something similar, I will still be in time to take the case to the Tribunal. Please I would be grateful for any advice. Regards
  19. Hi - I hope someone can give me a bit of advice. My daughter, who recently split with her ex, got into a fracas with him and he is accusing her of robbery i.e. taking his mobile phone. Laughable, considering he stole her phone, run up £100 debt on it and also left her thousands of pound in credit card debt (in another thread). Police don't want to know about that part. Anyway, because of the tussle, they have decided to charge her with robbery contrary to section 8(1) of the Theft Act 1968 and she is due to go to court in November 2016. She suffers from depression and anxiety, both of which are currently being treated, no previous offences and definitely not known to police in any regard. She is also unemployed and has no income presently whilst Universal Credit is being sorted out (first payment date will be around November 18th). My questions are: 1. Will she be able to get any legal representation? 2. Can she gain access to any witness statements prior to court date - this is the most relevant question because she is thinking of just pleading guilty so the judge is more lenient. The anxiety this is causing her could literally be the straw that breaks the camel's back, so the thought of it going to trial is killing her. I'm loathe for her to plead guilty due to the impact on future jobs/credit etc. We think the witness is contrived and therefore my daughter feels there's no point in standing in court saying she's not guilty when the odds are stacked against her. Unfortunately, she doesn't have a witness of her own. I would be really grateful for anyone's thoughts on this and hopefully point us in the right direction for further help. Thank you
  20. Hi everyone, my car was caught by a mobile speed camera doing 35 in a 30, here is account audit trail showing time line 21.01.16 alleged offence took place 26.01.16 nip sent ( i didnt reply ) 17.02.16 reminder sent 23.02.16 letter received requesting photos 23.02.16 letter sent with photo images ( doesnt even show an outline of driver as lighting was poor ) 24.02.16 reminder sent ????? 02.03.16 driver info form returned completed ( with my name ) but stating unsure who was driving 07/03.16 letter sent to ME advising driver info form not acceptable and matter referred for court process as unsure of driver My main issue here apart from photo not showing driver ( i informed them that car was for sale at the time so could have been test driven , car did sell some weeks later ) The police officers statement ( which is clearly a template filled in on computer ) has a GLARING OMISSION , and i quote " The images reveal that on 21/01/2016 at 16:34 at INSERT LOCATION, motor vehicle blah blah " So the witness statement is unreliable surely, there's no way they can pull this guy in and he'll remember it, so i have a good case, right ? common sense suggests i do but i know they are a law unto themselves. Any feedback ? cheers
  21. Could someone please help me. I have drafted a very long defence, but would like to consider part 20 against Santander. please help defence due in 21/07/2015 4pm The is pertaining to an authorised overdraft disputed in 07/07/2008. Now Hoist have issued me with a claim
  22. I got a judgement against a debtor. He is a conman and not paying me anything. Instead went on benefits hiding all of his assets. I tried to enforce order through different ways but did not get single penny. 4 years passed in the struggle. When I sent bailiffs he put an application to set judgement aside on very illogical reasons. After hearing his application was dismissed. I did not recover anything from him though. Now I sent him Statutory Demand Notice. He made exactly same application in the court to set Statutory Demand Notice Aside, as he did previously. What he is doing here: 1) Presenting same arguments which he presented previously to set judgement aside. He is not telling court that his same arguments were heard and dismissed previously. 2) He is lying that he is in process of setting judgement aside, as his application was dismissed a while back. 3) Also he is negating some facts in his statement, in contrary to what judgement order says. Now my question is, is he not interfering the course of justice by making false statement? What is way to make application for committal of contempt of court? Which application form should I use? Hearing is in near future on his application. He is just wasting free public money available to him, as he is not paying any court fees being on benefits. That is the main reason I think that on every step he put an application to drag me in the court on and on. Any expert advice please?
  23. Disability discrimination claim. The Respondent is producing the bundle. I have sent them my index of documents with each document very efficiently named and dated for clarity, relevancy and easy navigation. The Respondent completely renamed all of my documents within the index to make themselves sound good and to make my documents difficult to find seem extremely confusing, sound irrelevant and also to contain repetitive document names for less clarity and greater confusion. Some of the names of documents they’ve renamed do not reflect the contents of the documents in any way whatsoever and even I can’t navigate between the documents due to misleading names in the index – it will be even worse for the judge who will not be as familiar with my documents as I am. The Respondent also changed some of the dates, merged separate unrelated documents to reduce impact and deliberately put them in an incorrect order, which does not accurately reflect events. For instance, if I quickly need to find my x-ray taken at A&E I would not be able to do so with the way they altered the bundle as the Respondent merged my x-ray with a different document and this particular x-ray is not even listed on the Index of documents. This is wrong. You would really have to hop around the bundle. Most important documents have been put to the back of the bundle, some have been removed. The Respondent went out of their way to make it impossible to get to my documents while left their own very well named and easy to navigate between. The Respondent even renamed documents to make themselves look good and the Claimant look bad. They even changed words like “Medicines” to “Drugs”. The Respondent totally skewed it. Is the Respondent allowed to rename the documents listed in the Index of Documents I submitted and make such changes for deliberate misrepresentation? Also, is the Respondent allowed to remove documents? The Respondent has missed the deadline for the bundle by several weeks now, added additional documents as to what was on their list of documents and also presented the bundle to me (Claimant) by email (in digital form). Can they do this? – The order says it has to be binded. Any advice would be greatly appreciated. Best regards x
  24. My first time using a forum ever, wish i had done this sooner .... ill try and explain best i can. had a Lloyds bank account roughly 5 years ago, changed bank accounts since and thought nothing of it. I then received a County Court Claim form on 28th April 2015 then a letter from Bryan Carter Solicitors on 29th april 2015 out of the blue saying i owe £270 The claim form states : Particulars of claim The claimants claim is for the sum of 181.10, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds. Under account reference XXXXXXXX and assigned to the claimant on 03/07/13, notice of which has been given the the defendant (Ive never received this) the defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with (again not received) And the claimant claims 181.10 the claimant also claims statutory interest pursuant to s.69 of the country act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 14.49 in brief i replied to the court and sent in a defence stating that i had never received the default notice nor any other correspondence before the claim form and that i had requested a copy of the credit agreement including the £1.00 payment but no reply . (i sent them recorded delivery and have the signature as proof they were received) They offered mediation to which i said yes but when i spoke to the mediation team it wasn't suitable as i had still not received a copy of the agreement i had requested for a second time. the last reply i got from bryan carter was on 17th july 2015: "we confirm we are taking further instruction from our client in regards to your request for documentation under the consumer credit act 1974 and we will revert back to you in due course. We confirm the production of these documents at a later date will rectify any earlier breaches." Then on the 11/8/2015 i received notice of allocation to the small claims track (hearing) My hearing is on the 16th October and i need to put in a witness statement 2 weeks before that... ... i dont know where to start with it? and also after reading a few other threads i think i should have asked for CPR 31.14 at the beginning but i didnt:| its really weighing heavy on my mind now and just want to get this statement in and let the court decide its not a very large amount i keep thinking i should just give in and pay (not that i have that to hand) but then i think why should i when i dont have any information about this debt??? any help would be so much appriciated!!!
  25. Allegedly I drove into the bus lane in august 2014, twice. Bmth Council have sent PCNs and all corespondense to my old address. I moved to the new address in january 14. My oversight was to notify driving licence department of DVLA and presume they will share information with vegicle registration people.. . I letter has been delivered to my on 04/08/15 by the new owner of my old address. Its from Equita. They have been trying to reposess my car for the debt of £579. Since them I have been in touch with Bournemouth Council and TEC, Filled out and sent PC2 and PC3 forms. However, Bournemouth Council is requesting for my application to be rejected on the ground that the correspondence they sent was never returned as undelivered so I had plenty of time and opportunity to reply to them. I believe now both parties are waiting for resolution by TEC. Is there anything else I can do?
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