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    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
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Boxclever vs Toffee


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I don't feel scared any more, especially when I read those Particulars closely. They're all wrong. And going through the Agreement and it being pointed out they 'made' me take the insurance just makes me mad. Especially when I could have owned about 7 machines by now, with the dosh I've already paid out!

 

But you guys give the courage, or rather the strength to summon it. And I may lose, but not without giving it a blummin' good try. Lets see what they have.

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Well, finally the letter has been sent off recorded & signed for this morning. I had to go late on yesterday in the end to get the letter done and access a printer. I stupidly didn't print out two copies at the time, but I saved it to her computer and will copy it out next week when I visit her again.

 

I'm not sure if I put the right individual points in the letter, as I couldn't post up before sending it. I stuck to asking for a copy of the Agreement, and any other documents they would be relying on in court against which I must defend myself. I don't know if I'm allowed to say that, but I have anyway. It's difficult because they don't mention any documents at all in the Particulars of Claim, referring only to goods sold. Hope this is OK.

 

I'm also not sure how much time I have to wait for them now, or is the ball in their court re sending me (or not) the documents or giving me more time, staying etc? June 25th was the date on the Court papers, then I entered the AoS online. Now I've sent off this CPR letter. If I've added it up correctly it's a further ten days plus five, unless I hear from them otherwise? Regardless, do I have to file a defence anyway in that timescale?

 

TIA yet again for any clarification on this - it's wierd when you're doing this for the first time, doubting & questioning everything!

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I'm pretty sure they only have 7 days with which to respond to the CPR request. If you receive nothing, or just standard documents, then you can enter what is called an "embarrassed defence". I'm sure someone will correct me if I am wrong regarding the timescale though.

 

Actually, I've just re-read the CPR letter, and it does indeed state 7 days - if they need longer they must request an extension.

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Cheers Clemma. OK - I'll double check when my deadline for filing the Defence is then. I can't miss that one.

 

I've not asked them for much. Can't wait to see what they send re the Agreement.. I'm just glad that things like that I always keep. I may not know where they are temporarily though! Even if they manage to come up with the original, they're surely p*ssing in the wind as it's a Rental one. But we'll see.

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OK according to the AoS terms - I make 28 working days counting from 25th June to be up on 22nd July. If weekends don't count, then it has to be in by 4th August. I can't seem to find if it's working days or straight 28.

 

AoS was received and processed by the Court on 3rd July.

 

Thanks K :)

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Yes I think you're right, K - unless your last day lands on a BH or w/end, in which case next working day.

 

Not long to find out, then! Will post when/if I hear something (deadline next Friday) and also to compile the defence (deadline following Weds) nearer the time.

 

I have other debt issues to sort out, so I may see you on other threads in the meantime! I'm still sorting through the paper-mountain I have here..

 

Keep well! :D

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LOL! Abso-frickin-lutely!

 

Have put together a preliminary defence now so plenty of time to add and amend. Just happy I have something done. Can be told what's cr*p and what's to be added later. Rah tid!

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  • 2 weeks later...

Eek! Tomorrow is the 22nd, the 28th day from the date on the Court papers. So my defence has to be emailed tomorrow. B Carter has sent me nothing in reply to the CPR request, delivered to him according to the Track & Trace on Monday 13th July. The three things I asked for in it were true copy of Agreement, breakdown of the amount sued for (as I have no idea what this charge is supposed to be for), & a copy of each of any other papers they plan to use in court that I must defend myself against. That was it.

 

So now I have to write the defence. I need to know if I have to quote precedents in it? I'm not sure how to phrase things. In the absence of anything from BC, I was thinking of sticking to these main points:

 

1) No goods have been knowingly sold to me by Boxclever limited.

 

2) There is no Agreement in place which constitutes a Purchase of Goods from Boxclever to myself.

 

3) I had a Rental Agreement with Boxclever which began in 2001. The dates as stated on the Particulars of Claim do not correspond to the aforesaid Rental Agreement. (state both sets of dates)

 

4) A CPR31.14 request received by the claimant on 13th July 2009 has not yielded any response. This requested a breakdown of the amount claimed, A copy of the Agreement and any other documents against which I am to defend myself.

 

Counterclaim

Bones of claim: Forced mis-selling of PPI. Interest on that amount. Irresponsible reluctance of Claimant to end agreement despite knowing my personal circumstances. Costs & Administration Fees. Collection of the machine from my property.

Any advice would be appreciated as soon as possible due to tomorrow's deadline, and very sorry for the late request.

 

TIA

Toffee

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Hi KF! You think so? I'm not sure of their MO now. Should I get my Defence in anyway? And then it's up to them and I'll email the Court in a few days to check up what's happening?

 

I think you're probably right about the rolling over bit.. But I'm too annoyed with them to do that!

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that defence sounds ok. I would send it.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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You need to submit an embarrassed defence. Something along the lines of:

 

I, ********** of ************** make this statement as my defence to the claim brought by **************

 

The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

 

No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information none has been forth coming and as a result I cannot plead in defence to the claim

 

Should it be the claimants position that the claim is brought under a regulated credit agreement regulated by the Consumer Credit Act 1974, yet the claimant claims statutory interest which the claimant should surely know it is not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) in particular section 2 (3) which expressly prohibits such an award.

 

The defendant contends that point 4 in itself amounts to a clear abuse of the process as the claimant would know the law and is trying to bring a claim for monies which it is not entitled to and knows that this is the case

 

Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

 

Further to that above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

You can also add your parts as well.

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Thanks Clemma, that's great! I think I will add my edited bits in. Hope it fits on the MCOL screen. I was reading a defence by CCM on another thread (could have been historic) and I think he said 33 days, so I still have time to get it printed and recorded delivery if it doesn't. I hope this is right.

 

Do I still put in a Counterclaim, in view of my defence being embarassed? Or do I hold off and see what happens next?

 

ETA Thanks GodMother - I missed your post first off.

Edited by Toffeewoman
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You could put in a claim for wasted costs (eventually) as I have a feeling Brian Carter won't defend this. Other than that - court is not my strong point I'm afraid so I'm unsure about the counterclaim.....sorry.

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It fits easily. Am shuffling about with my added bits now. Plenty of characters left!

 

I see I have to do the counter-claim at the same time. :(

 

ETA OK thanks for your help Clemma. I think I need to find the legal forum and maybe post a link in there.

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Sorry to repost in here, but I think I put my original thread in the Debt Collection Industry forum maybe wrongly.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/207473-boxclever-toffee-4.html#post2307686

 

My 28 days from service date of 25th June are up today to get my defence in. I put in an AoS 3rd July. Should I repeat my case on here or leave it as a link to the other thread? Thanks so much in advance of any advice at all.

 

Toffeewoman

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Threads merged.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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Right, I hope I haven't mangled Clemma's letter too much in adding my own bits. I'm not sure if I've gone off the point at the end and should leave some stuff out. I haven't submitted it yet, just trying it out on MCOL for word-count.

 

Any comments/suggestions welcome, and confirmation either way about whether I actually have 33 days (a five day leeway) to get this in would be helpful.

 

Thinking of not doing the Counterclaim and going for the PPI thing separately with them after I see how this case goes. I'm not sure of best course of action really.

 

Thanks again

T

-------------------------------------------------------------------------

I, xxxxxxxxxxxxxxxxxxxxxx of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, make this statement as my defence to the claim brought by BC SERVICES UK LTD RE: BOXCLEVER LTD. The claimant's particulars of claim are vague and fail to disclose any cause of action or explanation of the claim, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR, even allowing for the constraints of the Bulk Issue System.

 

No documents supporting the claims in the particulars have been offered and despite a request under CPR31.14 to the claimant for further information (delivered to the Claimant according to Post Office Track & Trace on 13th July 2009) specifically 1)True copy of an Agreement 2) Breakdown of amount claimed in the Particulars of Claim 3) Copy each of any paper against which I am to defend myself, none has been forth-coming and as a result I cannot properly plead in defence to the claim.

 

Should it be the claimant's position that the claim is brought under a regulated credit agreement regulated by the Consumer Credit Act 1974, yet the claimant claims statutory interest which the claimant should surely know it is not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) in particular section 2 (3) which expressly prohibits such an award.

 

The defendant contends that point 4 in itself amounts to a clear abuse of the process as the claimant would know the law and is trying to bring a claim for monies which it is not entitled to and knows that this is the case.

 

Further, the defendant wishes to add the following:

 

1) No goods have been knowingly sold to the defendant by BC SERVICES UK LTD RE: BOXCLEVER LTD or 'boxclever'

 

2) There is no Agreement in place which constitutes a Purchase of Goods from BC SERVICES UK LTD RE: BOXCLEVER LTD or 'boxclever' to the defendant

 

3) The defendant had a Rental Agreement with 'boxclever' which began in 2001. The dates as stated on the Particulars of Claim no.:xxxxxxxxxx do not correspond to the aforementioned Rental Agreement. The Rental Agreement is between Home Technology Finance Ltd (Registered in England No. 3702428) trading as 'boxclever' and the defendant

 

4) The defendant has paid to the Claimant from 2001 - July 2008, almost 2000 pounds sterling for the use of a reconditioned washer dryer machine Rented to the defendant (see 3) above). The defendant also received a call from the Claimant offering to sell the now unresponsive machine for 30 pounds sterling after the defendant verbally ended the agreement in a telephone call. 'boxclever' is fully aware that this machine is very old, non-functioning and would never be further re-conditioned by the claimant.

 

Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit. In view of that and the above, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

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