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    • Thanks,    I've read the info from the link, nothing I wasn't aware of really. I wouldn't talk to a DCA anyway or anybody else over the phone for just about anything, hence the reason I refused to give them my details when they rang up. The only "conversation" I had was when they rang me and asked me to confirm my details, which I refused to do because it could have been anybody on the phone and as I said, I'd never heard of them anyway at that point. I asked them to contact me in writing, if they wished to pursue the matter, with "a copy of the Agreement" and the reply was that "there isn't one". At that point I said "we have nothing more to discuss then" and ended the call.    I'm still not happy about posting the entire details online but I'll take a look at some of the other threads to see if there's anything relative. 
    • Looks like my mistake. The new machine requires the full reg to be entered now, whereas before, only the first two numbers were required. I entered the first two numbers.
    • Reciveed a summary warrant, phoned up the council who said it was not longer anything to do with them and I'd have to speak to walker love the firm who deal with their summary warrants. I said I wouldn't have anything to do with them becasue it looks like a dodgy dca and I  I don't trust them, the debt is with the council not walker love. Anyway turns out they have no record of an arrangement to pay last years outstanding amount so whatever's gone wrong they have cancelled this years installments, even though regular payments have been made, they then took a summary warrant for last years and this years outstanding amount. I've cleared last years outstanding amount to the council and have a payment reference number, and the council say they'll make contact regarding a single person's discount  which was missed and then calculate the payments for the rest of this year. They say they sent out three letters threatening the summary warrant which were not received. Now to my question, my argument that the debt was with the council and not walker love, and as I've paid and agreed to pay what and the council say they'll contact walker love and stop the action, is this correct or will walker love still pursue? 
    • I'm trying to get my head around this. In effect, over the years you have been paying your own bill for yourself and also the bill for your neighbours usage as well – as metered. At the same time your neighbours have been paying their own water bills based on an SS charge. This means that Yorkshire water have been receiving double for your neighbours water. Now they are proposing to return to you the portion which which they now say represents the amount of water used by a neighbour. I think it would be interesting to talk to your neighbours and see if you can get copies of their bills over the years. Our Yorkshire water proposing to return to you the same amount of money that they charge your neighbours? Even if your neighbours don't have all of their bills to hand, maybe they've got one or two bills available and if it looks as if there is a discrepancy then maybe your neighbours would be kind enough to send the water company and SAR as well. I don't know if I have suggested that you read our customer services guide – but if I haven't then you should do so and implement the advice there in case you have any telephone dealings with the auto company. You haven't said whether you want to have a metered supply or to have an SS charge. Please let us know because it makes a big difference to the final solution you will be looking for. If you want to metered supply then I think you are absolutely entitled to insist on it and you are entitled to insist that Yorkshire water and if this is in your garden, they should then pay for any repairs.
    • Not sure if this is the correct forum, so I apologise in advance.   So, the situation I am currently in.. is that a family member opened a Littlewoods account in my name, at the address I used to live at (Family home). The account was opened in November 2018, goods were obtained and then payments were missed. I usually check my credit report and score every month, but (somewhat foolishly) I didn't bother checking for a few months as my score remained the same. I didn't notice this account on my report until several months after it was opened. I obtained statutory credit reports and went through everything. I then filed this issue with Action Fraud.   I contacted Littlewoods and explained the situation to the fraud team, re-iterating the fact that an account was opened at an address I had not lived at for almost two and a half years at the point that this account was opened, not to mention the account is under a 'Mrs', when I am male. They proceeded to tell me that it was a civil matter and not one for them to deal with. I told them that the amount owed wasn't the issue, but rather the adverse effect it was having on my credit score as I was considering applying for a mortgage soon. They simply doubled down on their 'civil matter' point and hung up on me.    I got in touch with Experian, who added a notice of correction to the entry on my report and provided a template for me to send off to Shop Direct. I sent this letter off and received zero response. The family member had started to make payments after I threatened reporting this to the relevant people, but the account, and the several months of missed payments, still remain as a black mark on my credit file. I will add that I got a CIFAS marker placed on my account to try and prevent this sort of thing from happening again in the future.   I have also filed this issue with the Financial Ombudsman. I guess I am posting this because I am not quite sure where to go next or what my next actions should be to get this removed from my credit report. It is incredibly disappointing that a family member would do this to me, but it is also extremely annoying that Littlewoods themselves have been very unhelpful in trying to rectify this issue that has occurred at such a point in my life when I am considering applying for a mortgage. Any help or advice would be greatly appreciated.   Thank you.
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Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage

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Hi

Following a claim received against me I have followed your link above sent, based on a CPR31.14 and a CPR 31.15 request for disclousure (I requested details apertaining to NOA/DN/CA and other info also) to the claimants solicitors I have received the following response back:

 

 

You will note that CPR 31.14 (1) states that

"A party may inspect a document mentioned in -

(a) a statement of case;

(b) a witness statement ;

© a witness summary; or

(d) an affidavit"

 

They go on to state that the info I have requested does not refer to any of the following and as such have not supplied and on that basis they are not bound by my request.

 

They have supplied to me only:

1. CA and T&Cs provided by the CC company

2. Copy Representation of the first NOA sent to me (this I never received!)

 

 

Can you please advice as to my reply to them and the courts in my defence? This will help me greatly.

 

Thanks

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you use 31.14 to request copies of doccuments mentioned or referred to in the POC (you cannot ask for dcouments that are not mentioned in the POC()

 

you use cpr18 for INFORMATION (not documents) which you need to assist you in defending the claim- but this must be confined to relevant information and NOT become like a SAR

 

if the claimant then refers to any document in his response to the CPR18 request- then you are entitled to ask for a copy of that document

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Hi

Following a claim received against me I have followed your link above sent, based on a CPR31.14 and a CPR 31.15 request for disclousure (I requested details apertaining to NOA/DN/CA and other info also) to the claimants solicitors I have received the following response back:

 

 

You will note that CPR 31.14 (1) states that

"A party may inspect a document mentioned in -

(a) a statement of case;

(b) a witness statement ;

© a witness summary; or

(d) an affidavit"

 

They go on to state that the info I have requested does not refer to any of the following and as such have not supplied and on that basis they are not bound by my request.

 

They have supplied to me only:

1. CA and T&Cs provided by the CC company

2. Copy Representation of the first NOA sent to me (this I never received!)

 

 

Can you please advice as to my reply to them and the courts in my defence? This will help me greatly.

 

Thanks

i think that they are right

 

They are only bound to provide documents mentioned in inter alia a statement of case. Therefore if they have only mentioned those documents in the statement of case, then that is all you are entitled to.

 

If you simply Copied and Pasted a template letter, from here, then you have been sorely mistaken, you should always make sure that your letters fit the picture, as you are playing a game here when the stakes are high and if you get it wrong then it can provide costly.

 

as for your defence , without the facts, information and documentation we cannot assist im afraid.

 

you really need to read my thread on CPR 31.14 vs 18 and also the thread i did on embarrassed defences as they may assist

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Thanks.

 

In the POC it states that :

- the claimant is the assignee;

- Notice od assignemnt has been given to defendant in writing

 

Also, I thought requesting disclouseue under cpr31.15 allows for other docus requested?

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Inspection and copying of documents

 

31.15

 

Where a party has a right to inspect a document –

(a) that party must give the party who disclosed the document written notice of his wish to inspect it;

 

(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and

 

© that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

 

(Rule 31.3 and 31.14 deal with the right of a party to inspect a document)

 

 

yes but only docs as per 31.14

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Hi All

 

Could someone please clear a point up for me on the cpr 31.14? I have a set aside hearing in 3 weeks and think that I should issue the cpr (reading what everyone says). The thing that is getting me muddled is the request for 'an extension of time for me to file a defence'. If the court date is set (by the court) how can the dca give an extension of time? Or is it that the 'defence' in this case would be that submitted if the set aside wasn't granted, and this went to bancruptcy? I have the letter waiting for a stamp but I don't want to send this out and look a complete idiot if it's not appropriate.

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Hi All

 

Could someone please clear a point up for me on the cpr 31.14? I have a set aside hearing in 3 weeks and think that I should issue the cpr You cant until you get a set a side (reading what everyone says). The thing that is getting me muddled is the request for 'an extension of time for me to file a defence'.Whos request? If the court date is set (by the court) how can the dca give an extension of time? The Claimant cant you request it Or is it that the 'defence' in this case would be that submitted if the set aside wasn't granted, and this went to bancruptcy? Why would you need a defence if the set a side isnt allowed? I have the letter waiting for a stamp but I don't want to send this out and look a complete idiot if it's not appropriate.

You dont do anything until its (if) set a side.

Regards

Andy


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Jut saw this :) Much more terse than my reply but essentially the same. I don't think you need to.

 

Quite simply put you cant do anything until there is a claim or cause to defend.Judgment stands for the Claimant until such time its set a side,then it becomes a claim

and possibly defendable.

 

Andy

Edited by Andyorch

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Quite a lot of posts have been moved to another thread - off topic or where caggers should have started their own independant threads. They can be viewed on the link below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?418714-Off-topic-posts-from-quot-Getting-them-to-Reveal-their-Vitals-quot&highlight=Vitals


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