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  1. This may be of interest to those reading this forum. The Supreme Court handed down Judgment last week in the case of Barton v Wright Hassall LLP. Barton was a Litigant in Person bringing a professional negligence claim against Wright Hassall, who themselves were represented by BLM. Barton had been in contact with BLM pre-issue by email. As limitation was approaching he issued, and then just at the end of the 4 month time limit, served his proceedings by email on BLM (having opted to do this himself rather than letting the Court serve). BLM a couple of weeks later, advised that they had not permitted him to serve by email, and that the proceedings were therefore not served. This meant he was out of time to re-serve the same proceedings. Unfortunately he was also then statute barred from issuing another claim. Barton argued that as BLM were corresponding with him by email, this was an indication that they would accept service by this method. BLM contented that the Civil Procedure Rules were clear, and that they had not given permission to serve by email. The Supreme Court ruled in Wright Hassall's favour. A bit of a warning that the CPR will not be applied differently to unrepresented parties, and furthermore, that a represented opponent has no obligation to raise such issues and notify the unrepresented party of any breaches - see paragraph 22 of the Judgment (available on the Supreme Court's website): "Even on the assumption that they realised that service was invalid in time to warn him to re-serve properly or begin a fresh claim within the limitation period, they were under no duty to give him advice of this kind. Nor could they properly have done so without taking their client’s instructions and advising them that the result might be to deprive them of a limitation defence. It is hardly conceivable that in those circumstances the client would have authorised it." There are a good bunch of people here to help on this forum, to avoid situations like that Mr Barton found himself in.
  2. Hi, Appreciate some advice on my situation. I am the keeper and owner but was not the driver for the following situation which I have ignored totally upto now. Circumstances of the charge and correspondence to date February – driver parked at London underground car park run by NCP. Paid for ticket but did not park correctly within the marked bay so Parking charge notice issued for £100 reduced to £60 if paid within 14 days. This PCN ignored. Forty days later I get the NTK letter from NCP which I don’t respond to. Thirty days later get letter from ZZPS stating the details of the parking and advising that I should now pay £160. This letter ignored. Twenty days later a further letter from ZZPS states that if the charge is not paid then they shall pass to WH and the charge will increase by £30 to £190 payable. This letter ignored. Forty days later get FORMAL LETTER OF CLAIM from WH stating that the balance is now £196 and if I do not pay within 14 days of this letter they will commence County Court proceedings. I am still within the 14 days of this letter and have made no response. So I am the keeper and owner but not the driver who I believe is the only party liable to pay the charge??. My choices as I see it are to either Continue to ignore. or Respond to WH letter stating that I was not the driver and they should seek the driver. I know who the driver is but am I obliged to disclose this?? Can I ask for a fee for disclosing this information?? Would like some advice on how each course of action might develop from here. Regards Brassica
  3. dear all I have read this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?440374-Capital2coast-PCN-Lewes-Clamform-received&p=5045522#post5045522 with interest as I am still lumbering on with so called debts from Sussex Security Solutions Ltd who issued PCN at Eastgate Wharf, Lewes in August 2016. Sussex Security Solutions Ltd being owned by the same dodgy dealer as One Parking Ltd (trading as Capital 2 Coast). Having appealed as standard to SSS I heard absolutely nothing, not even a letter to confirm my appeal had not been agreed. Then followed debt recovery letter from DRP in November 2016. Silence until June 2017 when I received a letter from the notorious ZZPS LTD and finally in July a letter from Wright Hassall solicitors acting on behalf of ZZPS acting on behalf of SSS!! I am just penning a letter to Wright Hassall as I am getting to the point of being tired and angry that I keep getting harassed by every parking conman/woman in the land. I didn't even park (as such) on the so called private land I wasn't trying to get away with free parking whilst I shopped. Merely picked up my daughter who was waiting on the pavement at that spot (it looked a safe place to collect stop and let her in the car rather than on the high street!!) I guess the reason for my rant/post is just to check there is someone out there who is still holding up the flag by not paying up. ..It feels a lonely battle and quite intimidating at times.
  4. Hi everyone, I parked my car at the Peel Centre in Stockport to pickup an item which was reserved for me in Argos. Its my first visit at the Peel Centre and no doubt will be the last. Upon arrival there were no visible signs or parking machines around the perimeter so I gathered the parking was free. I went to the store to pickup the item but was told it was reserved by their other store just around the corner. The staff asked if I parked my car here, I replied yes and so she advised me to leave the vehicle here and its only a 5 minute walk. I took her advice but didn't return until an hour later after experiencing a small queue at the store and receiving a phone call from a friend. When I returned back, there was no ticket on my windscreen and so I left the Peel Centre. 12 days later I received a PCN from Excel parking via post demanding payment of £60 within 14 days. I contacted Argos and asked to speak to the store manager but was told there was nothing could be done which was disappointing. Since then, following the advice I received from my friends after the experience they've had from other parking companies, I continued to ignore all letters and correspondence relating to Excel. Currently I'm at the stage in which I received a letter from Wright Hassall solicitors demanding final payment of £180 within 14 days or else a CCJ will be imposed upon me which will have impact on future loans and credit rating. I have searched a lot of forums relating to this matter and the majority of the people on here suggest to keep ignoring them since Wright Hassall has no grounds to issue a CCJ since their client is ZZPS Ltd who are debt collectors and not Excel Parking. Although it might sound crazy but do I continue to ignore Wright Hassall if this is the case? Any advice would be appreciated. Thanks.
  5. Missus parked in a private car park back in July, received a number of 'Parking Charge Notice' letters from TPS (Total Parking Solutions) over the following few weeks, then another company (cannot remember who they passed it to), and now Wright Hassall Solictors who've sent me a 'Formal Letter of Claim' on the basis of a debt owed and 14 days to pay to avoid CCJ's, court judgements etc. I had assumed (rightly or wrongly) that private parking tickets are still unenforceable in the majority of cases, and just to ignore. Should I at this point be concerned?
  6. Hi, After two notices from Indigo Park Solutions I have now received a letter from Wright Hassall Solicitors for failing to pay the Penalty Notice, and requiring me to make payment of £196. The letter states that failure to make payment in full or contact them to discuss repayment 'may result in us recommending to the Car Park Operator that the matter be enforced through criminal court proceedings. Such proceedings would require your attendance at a Magistrates Court.' Should I ignore this letter or reply, and if I need to reply what should I reply with? This is the first time Iv'e ever had to deal with anything like this!
  7. I hope someone can help me, I have not used this site before, however I have been reading a fair amount of threads but have now become a bit stuck . Any good advise anyone can give me would be greatly appreciated. I received a letter dated / issue date 11 Feb 2016 from the County Court business Centre Northampton . The claimant is Cabot Financial and refers to a debt of £641.79 . All it says on the letter is an account number and it is for a Capital one account. I called and spoke to Cabot who said the debt was from 8/2/2010 and was defaulted on 6/8/2010. I did not acknowledge the debt and only asked them to send me the original credit agreement and statements . They said this would take 6-8 weeks. I then went online to see where i stand as i do not recall this debt although i had some financial problems around this time and instructed a debt management company to organise and consolidate the many creditors i had at the time. I then went on to the money claim website and made an acknowledgement of service and set out to defend all of the claim . I wrote to both Cabot and Wright Hassall requesting information under CPR18. I also wrote to the court saying what i had requested from both parties and that if i had not received the information back within 2 weeks that the claim be struck out. I have now received a letter back from Wright Hassall confirming that they will take 6-8 weeks to receive the original documentation . They say my file will remain on hold and that i will need to make a subject Data request and pay a £10 fee for copies of all information including transcripts?. My question is what do i need to do now ? I have been as quick as i can in responding to this but am worried about a default judgement being made without me having the documents i have requested. Should I send the letter i have received from them to the court ? If so what letter should I write and should it include anything inparticular . I am shocked that these people can take me to court without having the documents to hand in the first place. Can I request that the court has the case dismissed due to time wasting etc? Any help anyone can give me would be really appreciated .
  8. Hi I know it's Christmas but really hope someone can help me out urgently, I've had a claim through from cabot financial with 'right hassle' acting on their behalf for a very old Egg account. I submitted the AOS now need to put together a defence in the next 2-3 days and submit by thursday next week (i think that's the deadline having used the 33 day from service calc). Claim details/points Claimant - CABOT FINANCIAL (UK) LIMITED Address for docs & payments - WRIGHT HASSALL LLP Date of issue – 24/11/14 POC - POC ATTACHED but I can type this out if need be. [ATTACH=CONFIG]54992[/ATTACH] - Not sure if important but POC seems to include a mistake or two: using # symbols instead of £, also they quote a #19,***.** balance for the debt (far in excess of the c14K at close of account!?) and then go on to ask for interest of exactly the same total: "The Claimant therefore claims the sum of #19,***.** interest under s89 County Courts Act 1984 and costs." surely this is wrong and a basis to defend/strike out? Claim Value - ALMOST £20,000 Original Creditor - EGG (Card Account closed 2006) Type of Account - CREDIT CARD ACCOUNT Agreement entered pre-2007? - Yes 2004 Account assigned by Debt Purchaser? - Yes, by CABOT (bought from Egg 2009) Notice of Assignment? NOT SURE if I have a properly worded NOA: - had a letter from EGG (OC) late 2009 stating "We hereby give notice of the transfer of the debt due to us by you.. ..On XXX 2009 your account was sold to Cabot Financial.. .Any further communications and payments must therefore be addressed to Cabot...etc." -had a "Welcome to Cabot" letter stating similar (is that acceptable as an NOA) Default Notice from the original creditor? - YES 2006 but not sure if correct Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - YES BUT NOT EVERY YEAR (not in 2011 & 2012) Why did you cease payments? - BUSINESS IN TROUBLE SO SEVERE FINANCIAL DIFFICULTIES What was the date of your last payment? - to the OC May/June 2006 (can check exact date if needed) - to the DCA not sure either late 2008 or very early 2009 Was there a dispute with the original creditor that remains unresolved? Possibly - PPI charged when not asked for, this was refunded (2004) but can I use this? - CCA request to ARC in early 2009 recorded post, responded with a copy of a signed Egg Agreement but not the entire terms, very brief 2 pages - pretty sure I wrote back "account in dispute" as requested docs not supplied but what if I can't find letter/postal proof? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? YES, I wrote to them saying that I had severe financial issues asking for account to be put on hold, that I had been in touch with National Debtline (gave them the ref number) and had been making recent smaller payments, They wrote back saying no can do. PPI - as mentioned above never requested/applied for but charged at the start of the account, I lodged a complaint and was refunded the 2 charges. Interest - The interest has been accruing since the account moved on and has grown from c£14k to almost £20k, surely this is wrong when there are no details as to how they have come by an interest rate, what terms do they rely on etc? Can anyone help me out with some advice please, am I on the right track with some of my thoughts above? Most urgently I'm not sure if i should send any further CCA requests to Cabot or WH or even Egg? Too late for a CPR31.14? If i can get the letters into the post tomorrow morning they will reach the DCA/OC by Monday morning recorded delivery which gives almost a week - but I need to send them by 12pm tomorrow so if anyone is out there please advise. Many thanks. GF2k
  9. I have to day received a letter from FPC Debt Collection Services, which I note is part of Fredrickson International. It gives a reference number, and informs me that they have made tracing enquiries for confirmation of my current place of residence and that I should phone them to discuss the matter further. I am fairly sure that this relates to a Capital One account (pre-2007) which was in default around 6 months ago. I have recently changed address and had not updated it with them. As there is no specific mention of what the debt is I am assuming this is a preliminary phishing type letter, I was initially tempted to phone up and ask for the details, however I thought I had better post on here first. How should I proceed with this? Thanks Rob
  10. I have a bit of a strange problem with Wright Hassall and was hoping to get some advice. in Oct 2014 WH started chasing an old debt (aprox 5 years old) I ignored their letters, on 24/11/14 I had a blue claim form in the post from the court. I wrote to WH and told them I thought the debt was over 6 years old and that they were statue barred from chasing it. They didnt reply within the 2 weeks that i gave them for a reply I decided to defend the claim from the court. On 30/11/14 the court wrote and acknowledged receipt of the defence. On 27/1/15 I had 2 letters from WH, one offered a discount if I paid up asap, the other said they were proceeding with the claim because my last payment had been on 30/4/10 and it wasnt statue barred for being out of time. On 28/1/15 I had a letter from the court saying WH were proceeding with the claim and it was suitable for the small claims track, and mediation. I replied to this, first of all querying if WHs letter had been received by them in time (WH had 28 days after I submitted the defence to issue a reply but they didnt do so until 27/1/15), secondly I said I didnt want mediation if the court agreed that the claim wasnt statue barred then they should just issue a CCJ. The claim was then transferred from one court to another a couple of times on 11/3/15 the court asked me to provide an income/expenditure statement which I sent to them on 24/3/15. On 24/4/15 the court told me there would be a hearing on 13/5/15 on 11/5/15 WH copied me in on a statement of their costs which they were sending to the court for £715!! I didnt hear anything else from either the court or WH 18/9/15 WH wrote to me and said that a CCJ was entered on 13/5/15 and that if I wasnt able to pay the amount off in full straight away, they were prepared to negotiate a suitable monthly repayment. They have given me 30 days to get back to them, if I dont they are threatening attachement of earnings, charging order agaist the house, or bailiff action. what I'm after is your thoughts and suggestions on what I should do next. Do I ask WH for a copy of the CCJ order which was supposedly issued by the court but I never had a copy of? Do I ask the court for a copy of it and risk them investigating if one was never issued? Do I do nothing and wait to see what WH do next? The things that seem strange to me about this case are, 1) I wasnt sent a copy of any CCJ order that was issued on 13/5/15 2) If a CCJ was issued, wouldnt that have said how much my monthly payments would be, rather than leaving it open to negotiation with WH? 3) Why has it taken WH 5 months before they have started chasing me up for payments? Thanks in advance for any help anyone can give. Gary
  11. Hi guys need some assistance helping my elderly neighbour with this claim and who is regrettably not very computer literate. The debt is an old Vanquis card. I have filed the AOS online for him and sent the CCA to Cabot and CPR request to Wright Hassell. I have not drafted a Defence yet as its early days but would appreciate your views on anything else I should do/be doing at this time?? Actually not sure if there is a Defence as such to this but am rather hoping that the DCA will have trouble obtaining the CCA as the account was opened in 2006 and presumably this will be required to enforce any claim?? Name of the Claimant ? Cabot Financial UK Ltd Date of issue – 11/05/15 What is the claim for POC (including spelling mistakes) Claimants Claim is for debte arising from Consumer Credit Act 1974 Agreements. The Claimant is an Assignee of the following debts , notice of the assignment having been given to the Defendant in writing. Vanquis Credit Card a/c xxxx 1654.xx. Despite demands for payment the above sums remain due. The Claimant therefore claim the sum of 1644.xx interest under s69 County Courts Act 1984 and costs. What is the value of the claim? £1839xx Is the claim for a current or credit/loan account or mobile phone account? CREDIT CARD When did you enter into the original agreement before or after 2007? Before 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. It is the debt purchaser in this case Cabot Financial UK Ltd 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? - Possibly Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? - Financial Difficulty What was the date of your last payment? Aug 2010 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 managementicon plan? No
  12. I have argued that the claimant did not serve demands for payment in writing in a competent manner. I never received a Notice of Assignment to Cabot from the original creditor, Halifax. Further more, when I received a letter from Cabot, I wrote (in May 2013) to them with a section 78 request (CCA), enclosing £10 and stated that as far as Cabot were concerned I had no knowledge of any debt that was outstanding to them, which would not be subject to the Statute of Limitations Act 1980 (the original agreement having been taken out with Halifax pre 2007). Furthermore, despite asking Cabot to supply the original creditor’s statements of account, showing when the last payment was made and when the account technically went into default (according to the accounts terms and conditions) I received no direct response. Finally, I have been making nominal payments as a token of goodwill & acknowledgment of the debt. This was done upon the advice and guidance of the Consumer Credit Counselling Service. I notified Cabot of this and caveated the correspondence that unless they heard otherwise would assume that this arrangement was to the creditor’s satisfaction. Wright Hassal have now issued court proceedings only yesterday I received two letters in the same envelope, one stating they would look to have my defence struck and proceed with the court case and the second offering me a 10% discount to settle by the 28th March 2015. Am I on a hiding to nothing and should I just get on with negotiating a better discount? I presume that Cabot would not have paid more than 20 p in the pound?
  13. Hi folks, Today I received an N1 CPC from Northampton County Court Bulk Centre in relation to an MBNA card I took out around 2007. I stopped paying them in around April 2009 and whilst not sure of the default date, it was either late 2009 or early 2010. I have not yet sent an SAR request and truth be told have received hardly any paperwork, the last was a statement from AK yesterday "reminding" me as to the balance. I do not recollect receiving a letter before action and that the statement that come yesterday contained no mention of court proceedings. The claim form states the following information. Issue date 1 April 2014. Claimant - Aktiv Kapital Portfolio AS, Zug Branch, Zueghausgasse 3, 6300 Zug, Switzerland (Reg No: CH-400.9.032.183-7) Address for sending payments and documents - Wright Hassall LLP, Olympus Avenue, Leamington Spa, Warwickshire, CV34 6BF Defendant - Me POC - "The Claimant is an Assignee of the following debts, notice of assignment having been given to the Defendant in writing: MBNA Platinum 5 4,331.72 Account No: (16 digit number) Despite demands for payment, the above sums remain due. The claimant claims the sum of 4,331.72, interest under s.69 County Courts Act 1984 and costs. Sum claimed £4331.72, court fee £85, Solicitor's costs £80, total amount £4496.72 Proposed course of action is that I intend to fight this as I do not want a CCJ. Acknowledgement of service to be filed online over the weekend. SAR request to go to Wright Hassall (do I need to send documents to Switzerland as well or the UK address of AK which I think might be in Chester) and then CPR request to follow in about 7-10 days. Assuming they fail to comply with the CCA request then the "failed" CCA request letter to go after 12 + 2 days. Obviously my proposed defence is that I dispute the whole claim, but for the purposes of the defence form should I set out the relevant clause in the CCA that unless proper copies of the documents that the claimant is seeking to rely on are delivered up, the claim stands as unenforceable at law whilst the CCA default continues. Any thoughts or suggestions at this stage most appreciated before I get to work. Laters NC
  14. Hi I am a first time poster and I am looking for some advice Last November I received a letter from Northampton County court relating to a claim from Wright Hassle acting on behalf of Cabot claiming £9k from an original credit card I had with Marbles. I defended the claim and made a CPR request to Wright Hassle, Cabot and Marbles. I received notification from the court that my case has been allocated to the small claims court. Marbles responded to my CPR with a package of statements dating from 2003 to date. They have not supplied my original agreement as requested and cannot find my statements from 2000 (the year I originally took out the credit card) to 2003. According to Marbles my balance on December 2014 is £6k. Running through my statements I have paid £1,500 in PPI. Running through the interest they put on the PPI and the interest owed to me if I made a PPI claim the sum comes to around £3k that should be deducted from the balance. Wright Hassle have sent me a letter that they intend to pursue the case. Do I; Defend the claim in its entirety as they cannot provide my original agreement and cannot find 3 years worth of my statements (although I am not sure of my legal standing on this). Contact Cabot and offer to settle at £3k (The original debt of £6k – the £3k PPI). I would be grateful for any advice.
  15. I recently received a letter from a firm of solicitors Wright Hassall, who were claiming the debt of something from Cabot which had been a CCJ on 13 December 2005, having been incurred around the time of my cancer operation. I wrote to them with a CAG default letter saying the debt was statute barred therefore unenforceable after the 6 years. They have just written back saying they agree the CCJ was obtained at said date, but " there was a Charging Order on 19 January 2007 (they enclosed) . As such this matter is not statute barred or subject to the Limitation Act" Is this true? Or just an intimidation tactic? I have uploaded the recent WH letter and Charging order if you would like to see it. Your help and advice would be much appreciated. Kind regards Mihail
  16. hi all.... not sure if im in the rite forum but here goes... had an egg credit card 10 years or so ago for one reason or another it never got paid ect ect... no payments have been paid on this since 2009 and ive just ignored it hoping it would kind of go away. until 3 weeks ago i got a letter from WRIGHT HASSALL stating they was filing for bankruptcy if i didnt clear or start to clear the debt.. so armed with the letter asking to see my signed cca with my pound postal order i went swanning off to the post office... to which i got a reply a few days later with a printed statement saying that sending the pound postal order and even though the last payment i made was in 2009 this was acceptance to the debt. i didnt reply to this then a week or so later i get another letter with a "reconstituted" copy of the original terms and conditions and a copy of the current terms and conditions???? followed by a paragraph. We now look forward to receiving your proposals for repayment in 14 days blah blah blah..... ...... on none of this was my original signed dated copy..... .. im a litted lost as to what to send back to them. any help ideas or input would be greatly appreciated cheers
  17. Morning all, my first post but I've been lurking for some time! I have recently sent off 3 CCA requests to my Credit Card companies with no satisfactory reply. I sent the account in dispute letter to all 3 on Tuesday, they all received them yesterday. My question is, Barclaycard have issued me a Default Notice last week, all done properly as I can make out, after not sending any payment for the last 3 months. Can I, by making one months payment, render this Default Notice void or do I have to pay the full arrears? Any opinions please guys? Thanks in advance
  18. Hi, After declaring the account to be in dispute last week, MBNA/Virgin have sent me a copy of my CCA/T&Cs... It looks in order to me, but would like some more educated opinion/comments please... I ave also reposted my Northern Rock Loan CCA also....I dont see a "Right to Cancel clause in it" Thanks S tinocca.pdf NorthernRockCCA.pdf
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