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    • Thanks! I've had several successes in the past 4 years or so which stemmed from a financially difficult part of my life around 2011/13. Basically I was financially trapped with Quick Quid, in a cycle of increased borrowing, during this I'd opened three catalogue accounts: Studio, JD Williams and Simply Be , 2 credit cards (Aqua and Barclays) and was juggling finances. In that time I had got 2 CCJs plus 2 defaults so things were pretty tight. I was using most of my available credit until things eventually became unsustainable. When I moved house I used the deposit to pay off Quick Quid and got into arrangements to repay the catalogues. The credit card limit was still rising until 2017 when I borrowed the balance of nearly £6000 from a family member and cleared the Aqua card. The Barclaycard had already defaulted. In 2017 I began action for irresponsible lending against Quick Quid. Basically they could not show the criteria they used to make lending decisions  and kept lending to me so I won the case. I was refunded all interest and fees  and charges plus 8% pa. When it was upheld it gave me the confidence to challenge JDW and SB. These were also upheld and they had to repay interest, fees and charges plus 8% from the second credit limit increase which amounted to about £1200 each. I challenged Aqua where my redress covering 6 years fees, interest and charges accrued to nearly £9000.  Barclaycard was not upheld but the default was moved back to an earlier date meaning it expires sooner.  All my IRL cases succeeded because none of these companies could prove that they had diligently checked my financial history. My credit report clearly showed that I was using a high or at limit proportion of available credit and that I'd accrued two unconnected CCJ's and 2 defaults throughout the lives of these accounts. Whether they should have given me the accounts in the first place was also brought into question but it was the sustained but gradual increase of CL's time and time again without proper checks. JDW were unable or unwilling to show the ombudsman what criteria they used. It only appeared that because I paid on time they continued to offer increases where in reality I was actually juggling finances like a fine balancing act.  It would appear that the FOS are looking at catalogue debt as I know when my cases against JDW and SB were being investigated they mentioned this.  My case against Studio should conclude soon. I was curious as to why now Cabot are trying to cut their losses by offering such a hefty discount. I can only summise that Studio are trying to buy back the debt for less.  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Lloyds credit card cca unreadable


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And no surprise, no response.

 

I am correct in saying that i have 28 days from date of service to enter my defence? Do I need to confirm anything to court in the mean time?

 

As SCM have not complied with CPR I will enter a brief, embarrassed defence...?

 

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Just Checking All Ok

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Good luck and best wishes *hugs*

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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SCM have written acknowledging my letter (CPR request for info) and unsurprisingly have ignored the request and said that they will use CPR 3.4 to strike out my defence as having no merit. (which I haven't written yet!)

 

They have also offered to settle out of court reserving the right to show the letter when the question of costs arises.

 

The letter is clumsy in the way it is written and starts by saying 'our letters must have crossed in the post' ! How will they have known this prior to posting it ?!!... lets hope they keep applying this level of stupidity to the rest of their dealings!

 

any thoughts anyone?

 

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**** are stoopid :D Just give them enough rope ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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well if you have not indeed submitted a defence i would certainly use within your arguments against their application for strike out that they are being disigenuous and attempting to abuse the court process by falsely alleging that a defence of which they have no knowledge whatsoever has no merit!

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Another letter today dated 9.10.09, 4 days earlier than the letter received yesterday!

 

Here is a copy of an 'agreement' very poor copy of something I cant even make out and the letter quotes a new 'account number' I have never seen before with a different balance (a lot lower than the amount claimed!)... further stupidity and gross incompetence from our friends SCM.

 

SCM are incompetent and devious... looks like they are sending letters with dates that are well behind when they actually send them and they have made errors with 'account numbers' and 'balances'

 

As you say babybear, 'enough rope'. I dont even need to give them the rope!

 

I will go ahead with my defence and wait for direction from the court.

 

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Can anyone help with this...

 

SCM have sent me the following in response to CPR 31.14:

 

*A very poor copy of what they allege to be a CCA - the same one that is towards the beginning of this thread (almost invisible)

*A copy of some terms and conditions not associated with signed part

*A covering letter with a new account number (different to the one on the claim) and a different balance.(they got it wrong)

 

Should I still enter an embarrassed defence saying that the quality and accuracy of the documentation is wrong and incomplete (no copies of DN or termination, statements...)?

 

Should this thread be moved to a different forum now?

 

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You can ask for help from the site team by clicking the red triangle on your post.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Hi I also received an illegible copy (due to the age , no longer held), so I entered a short embarrassed defence.

Just a word of warning, check with the court after your defence has been filed as [problem] have a habit of 'forgetting to check' if you have filed a defence and going for a SJ ;)

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ok so here is the standard embarrassed defence...

 

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

 

2. 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

 

3. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information via CPR 31.14 dated xx/xx/xxxx sent by recorded delivery none has been forthcoming and as a result I cannot plead in defence to the claim

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5. Further to that above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

I am thinking of editing paragraph 3 so that it reads...

 

3. No documents adequately supporting the claims within the particulars have been offered, despite a request for information via CPR 31.14 dated xx/xx/xxxx sent by recorded delivery. In response to this request, the claimant has sent details relating to another account number and balance than that quoted in the claim. The claimant has also sent some documents which are illegible with no reference to what they are within the correspondence. The documents sent by the claimant do not appear to relate to this claim and as a result I cannot plead in defence to the claim.

Do I risk overcomplicating this when it is not necessary?

F

 

 

 

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ok so here is the standard embarrassed defence...

 

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

 

2. 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

 

3. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information via CPR 31.14 dated xx/xx/xxxx sent by recorded delivery none has been forthcoming and as a result I cannot plead in defence to the claim

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5. Further to that above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

I am thinking of editing paragraph 3 so that it reads...

 

3. No documents adequately supporting the claims within the particulars have been offered, despite a request for information via CPR 31.14 dated xx/xx/xxxx sent by recorded delivery. In response to this request, the claimant has sent details relating to another account number and balance than that quoted in the claim. The claimant has also sent some documents which are illegible with no reference to what they are within the correspondence. The documents sent by the claimant do not appear to relate to this claim and as a result I cannot plead in defence to the claim.

Do I risk overcomplicating this when it is not necessary?

F

 

 

 

 

looks ok to me- although on reflection i might just produce these in my bundle of disclosures and hope they dont spot the mistake until they are before the judge

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Ok thanks DD, very helpful as ever...

 

I think I am just concerned that they will try to have my defence struck out and go for SJ and am being a bit over-keen to get my arguments in!

 

Thanks again

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Ok thanks DD, very helpful as ever...

 

I think I am just concerned that they will try to have my defence struck out and go for SJ and am being a bit over-keen to get my arguments in!

 

Thanks again

 

i'm no expert but i am not aware of many cases where an embarassed defence would be brushed aside in favour of a SJ

 

you have to have the documents that support the claim to be able to make any sort of plea

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Make sure you get your defence in on time as some claimants are known to ring the court and ask for an SJ if the defence comes in just before the deadline and hasn't been processed by the court!

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Acknowledged service on 28.09 so 28 days later is Monday 26th of October. I will get my defence in on Thursday of this week, 22.10, just to be safe.

 

Thanks for the help and support

 

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