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    • Just as the title says, if ever there was a good reason to ditch Micro$oft and move to Linux then this is it :-   Giving Windows total recall is a privacy minefield • The Register WWW.THEREGISTER.COM It's only a preview, and maybe it should stay there ... forever Help is available, most modern PC's can run a version of Linux suitable for your needs and it is not difficult to use or learn. Ubuntu is popular, new version is very modern Garuda Linux is the one I use, based on Arch, rolling release, bang up to date. I have friends and acquaintances, old and young, PC Literate and not. Most people who try it never go back to Windows Hamster
    • I've had to hide two of your posts.  Anyone clicking on your links gets sent to external sites.  On top of that your real name is showing on one screenshot.  Fellow Site Team member dx100uk has already politely asked - Anyway, jk2054 wants to see the communication you got from your local court which will have told you about the hearing date of 17 June, and will have mentioned a deadline for filing your Witness Statement.
    • I believe it is helpful to seek guidance from a range of places and decide on the validity of the sources and frequency of responses which are most helpful. A single voice can be a dangerous thing. As, of course, can groupthink. Scott, it feels like £4k on a solicitor for a £1.5k bill is overkill. Were we back in time I'd suggest small claims court as your claim sounds like it may be straightforward? By all means add that phrase on. I also suggest you contact the court and go and sit in on a couple of similar cases to get a better understanding before you shell out.
    • a card should be 16 digits...urm... note your dates above please. do not miss them no matter what happens  ......................... pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northamton, civil national business centre Name of the Claimant ? PRA Group Uk Portfolios ltd. How many defendant's  joint or self ? self Date of issue –  21 May 24 date of AOS - 07-06-2024 date for filing defence by - 21-06-2024 Particulars of Claim 1. The claimant claims the sum of £5600 for an outstanding debt owed. 2. On Mar 2000 the Defendant entered into an agreement with Barclays Bank Uk PLC for a credit card under reference ( 11 digit ref ). 3. on Mar 21 the defendant defaulted on the agreement  with an outstanding balance of £5600. 4. On Aug 21 the debt £5600 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on Dec 23. 5. Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925. 6. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND THE CLAIMANT CLAIMS 1. The sum of £5600 What is the total value of the claim? £6100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - just emails threatening action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? no Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card   When did you enter into the original agreement before or after April 2007 ? before - in 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't recall - I suspect post / online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? am awaiting access - but I suspect it is    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. assigned - debt purchaser has issued the claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Pretty certain - Yes   Did you receive a Default Notice from the original creditor? pretty certain - Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? there's been gaps - they went very quiet  Why did you cease payments? Covid lockdowns  What was the date of your last payment? i thought it was 2020 - they say 2021 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 plan? no
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    • We have finally managed to obtain the transcript of this case.

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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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HSBC vs SupermanX-Victory after OFT


SupermanX
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Thanks

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I would like to thank everyone on this site for their valuable advise and help. Without this site it would have been a lot harder to fight the banks.

 

My special thanks to;

 

lateralus, rob-the-viking,freakyleaky and castlebest.

 

My court date was last week, the judge rejected the HSBC's attempts to stay. HSBC's solicitor decided to withdraw their representation once the stay was rejected and I won by default.

 

What was quite helpfull in my case against their attempt for stay which i would recommend is that one should emphasis and point out to the judge D&G's delaying behaviour during the claim; missing deadlines, showing no respect to the court procedures & the court's authority, wasting court's time etc....

 

Their solicitor was claiming that i didn't send my court bundle and they didn't receive an objection letter from me to their intention to apply for a stay. I was lucky that i had sent all my vital documents recorded to D&G, I produced those at court-Very useful

 

My total claim is 1975.01 pounds, I also managed to claim the following;

 

postage, interest @8%, transport, bundle preparations (printing costs @20p per page).

 

Make sure you have the breakdown of your costs as well as your total amount when you are at court, it is easy to forget items to claim...

 

I will be making a donation to this site.

 

Good luck everyone

SupermanX

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Excellent news. Well done..:) As Pete has said could we possibly have your claim details eg Claim Ref No. and the name of the court that was dealing with your claim, so that I can add it to the list of settled claims.

 

Congratulations

 

JW

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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  • 4 weeks later...

Hello and well done, you are one of the few,how did you argue the case, what did you put together in writing to present,lots of us are at trying to fight the stay you won,great,majority dont,what so different re your case, it would be great for you to write up the arguement on the day or as you have given claim no, can this/transcript be got onlinie, if so how so, it is so rewarding to hear your success this inf from you could assist thousands of us, me am at court again this friday for a 2hour time slot to hear/discuss the stay.

Terrified, with the problems to date, you could help me AND L;OTS OF OTHERS.

DIZZY BIZZY

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Superman's court had struck out the defence due to abuse of process (DG Solicitors had yet again ignored the court and missed deadlines to submit their doucumnets)

 

we have had a few successes along these lines but it does depend on DG's lack of response to the courts directions.

 

pete

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I second dizzybizzy, would realy like to hear what happened in as much detail as I'm in court in a fortnight today and hoping for some strong arguements to lodge.

 

Also be interested to hear how you managed to claim costs and what form you submitted for that.

 

Thanks

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thanks for the feedback, but what did dg miss to do, it seems they do/have not done much rgarding the courts and got away, they did not send in a bundle to the court by the said deadline in my case and seemingly most of all the others or did they, when i found out they had not and before the court date i wrote in to the courts and asked to be "struck out" heard nothing went to court in front of the judge she said doesnt matter they will or would have argued the points of law, my case was about 8 days after the oft filing of court, she wanted to move onto the stay i objected, not enough time to duiscuss, resheduled for this friday for TWO HOURS !!

so should they have sent a bundle in to court as me by the date, if yes why was it not struck out, is this not an abuse of process.

spoke to the court today to try and get copies of case, impossible, but given a little info"judgement given by default"

i am also told that a "lay representative"casnnot represent the claimant.

 

would be very pleased to receive any/all comments as within this.

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Castlebest thanks for the response above, have watched you and your colleagues for months, my thanks, only due to you lot giving the support you have/do are we able to "go forth" me us on computers, i try.

 

you say have had some success on the way, you have done great, anyone able to give more success claim no's SINCE the oft filing to assist me,thanks. dizzy bizzy

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freaky leaky, thanks for that, it helps me. can you healp re lay representative, to represent another at court with/for the individual, am told a mckenzie rep/friend cannot but just assist, lay representative can i was told but told by judge NO.i have after hours found a reference to "CPR 27 Representation at a hearing" but cannot find a reference to CPR, please can you or anyone help me asap. dizzy bizzy

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