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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
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    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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County Court claim, Urgently Need Advice, Please Help!


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Many thanks for your reply Jesteruk,

 

 

To me the defence posted above is fine and should get the case thrown out.

42man will prpbably confirm this as well

 

I just wanted to be sure it was ok before I file it later today.

 

Mr carter does seem to have gone very quiet since I did my AOS saying I was going to defend all of the caim.

 

Many thanks again :)

 

Jadzia

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Mr carter does seem to have gone very quiet since I did my AOS

 

Probably because he actually recieved one from someone other then a solicitor!

 

He is just a man who loves to bully!

Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

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  • 3 weeks later...

Still heard nothing from Bryan Carter he still hasn't responded to, or acknowledged my CPR Part 18 request they received and signed for on 12 Sept....Should I do anything about that?

 

I filed my defence online to the court on 29 Sept and the court sent me a letter (dated 29 Sept) saying:

 

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimants solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

 

Is this the normal response?

 

Should I be doing something or just wait it out?

 

I thought Mr Carter would have been in touch by now.

 

Many thanks :)

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just giving your thread a little nudge. It might be that BC will not proceed, having been found out in his little trick of attempting to split the claim :) I am sure someone will be along soon. If not, you might try pming either jester or 42man and asking them to pop along to your thread. :)

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Still heard nothing from Bryan Carter he still hasn't responded to, or acknowledged my CPR Part 18 request they received and signed for on 12 Sept....Should I do anything about that?

 

I filed my defence online to the court on 29 Sept and the court sent me a letter (dated 29 Sept) saying:

 

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimants solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

 

Is this the normal response?

 

Should I be doing something or just wait it out?

 

I thought Mr Carter would have been in touch by now.

 

 

Can anyone help with the above please

 

Many thanks :)

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Ring the court towards the end of next week to check the status of the case, unless you get a discontinuance from carters in the meantime( most likely), but even if you do still check with the court to make sure carters have filed a notice of discontinuance.

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Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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subscribing

 

Biting off more than he can chew seems to be a bad habit with BC

 

It does make one wonder how many he does get away with though, I would assume quite a few given that he seemingly does it at every opportunity, make sure you claim for your costs, make the b@gger pay for his stupidity

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Knowing BC, and there tactics, they have buried there heads in the sand.

Hell they got a big shark on the end of there fishing line and when they recieve your defence, they should realise what they have reeled in.

sorry had a few too many beers!

 

Be patient and your CPR request may take them time as they have to get all the info from Shop direct, something they should have done BEFORE they applied to the courts. Mr Carter likes to issue these threats and most people cave in and ring him up with a preposal, he would then continue with court action knowing theres no defense and he wins. But as your defending your actually giving him some work. If he fails to provide the CPR info - thens its in your favour

A judge will almost certainly throw it out, if and when it goes to court, for BC's failure in CPR requirements. If that happens issue the wasted costs order.

 

As Creditcardmug stated, wait till end of next week and contact the court to see if there is any sort of acknowledgment from BC

 

good luck!

Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

If ive been helpful tip the scales!

or better still

DONATE TO CAG - every tenner helps!

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Knowing BC, and there tactics, they have buried there heads in the sand.

Hell they got a big shark :eek: on the end of there fishing line and when they recieve your defence, they should realise what they have reeled in.

sorry had a few too many beers! :-D :-D :-D

 

 

Many thanks spamheed, detectall & Jesteruk

 

Will keep you posted :)

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  • 2 weeks later...

Hi all,

 

Ring the court towards the end of next week to check the status of the case

 

I've just rang the court to check the status of the case and they said the claimant has 33 days from the 29 Sept to inform the court if he wishes to proceed...(1st Nov, if i've worked it out correctly)

 

I told the man I spoke to at the court that I wasn't really sure what alleged debt this case was about and that Bryan Carter had chosen to ignore my part 18 request for further information...

 

he said to give Mr Carter a ring and ask him to reply to my part 18 request as he may not have received it. I pointed out that it had been received and signed for by D. Carter on 12 Sept...he again suggested that I give them a ring!

 

It doesn't look like he's going to discontinue...hasn't he usually done it by now if he's going to?

 

If the claim get's stayed and not discontinued are you still able to send a wasted costs order? I want to donate some to CAG!

 

Many thanks :)

Edited by jadzia.dax1
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Time is running out for them to comply !!...I certainly wouldn't ring them, sending it by recorded shows they received it....i'm not sure on the wasted costs aspects, but hopefully somebody will add some comment on this...

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Its ok just sit tight for now,you cant claim your wasted costs until a) discontinuance b) claim struck out.

 

Dont worry i still cant see it going past the AQ stage.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 2 weeks later...

I've received my AQ for this...

 

In part A Settlement it asks if I would like to use the free small claims mediation service, to help settle the claim.

 

Not to sure how to answer this because I can't settle if I don't know what alleged debt he is claiming for...he hasn't supplied me with any information and has completely ignored my part 18 request...(it was signed for by D Carter on 12 Sept).

 

but if I don't say yes to trying to settle through mediation, won't I look like i'm being awkward?

 

As for part G the other information bit it asks me to set out any other information I consider will help the judge to manage or clarify the claim, including any other information I consider should be supplied by the other party...What should I put here about him ignoring my request for further information and what should I be asking for?

 

Many thanks :)

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Hi, Heres some info to help with the AQ

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

I wouldnt bother with the mediation, waste of time.

 

Get back with any other questions, take you time with it.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Ive tried it both ways, the time i ticked yes the court still didn't order it in the directions.

 

So if it bothers you tick yes, i still really cant see them paying that allocation fee, in which case it wont matter anyway.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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I wouldnt bother with the mediation, waste of time.

 

 

 

 

 

I agree but won't that make me look like i'm being awkward though? :)

 

 

Not at all, they have been given plenty of time to provide you with information in order for you to settle matters, rather than supply that information, they started court proceedings. Who is going to end up looking awkward, not you that's for sure. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Part G the other information bit it asks me to set out any other information I consider will help the judge to manage or clarify the claim, including any other information I consider should be supplied by the other party...

 

 

My AQ has to be in by 17 November...I've filled it all in except for Part G the other information bit.

 

What should I put here about him ignoring my request for further information and what should I be asking for?

 

Am I able to ask for the court to order him to comply with my part 18 request or for his case to be struck out or something?

 

I want to put in the right wording/requests in now incase it messes me up for getting information later.

 

Do I need to do a draft order for directions.....or whatever it is you do at this stage? :???:

 

I still haven't heard anything from Bryan Carter since the claim was issued.

 

Many thanks :)

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good luck Jadzia, you should have any problems with this one.....as for the answer to your Q's, im unable to help.

Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

If ive been helpful tip the scales!

or better still

DONATE TO CAG - every tenner helps!

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Many thanks Jesteruk :)

 

I've just re-read the answers given and for some reason I didn't see the link posted by creditcardmug in post 43...

 

I think if all that applies to me it will have answered a lot of my questions ...sorry I missed it earlier :oops:

 

Many thanks to all who are helping me through this :)

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