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    • Hi Wondered if I could get a little advise please. I entered into a commercial lease (3 years) and within a few months I had to leave as the business I was trading with collapsed. I returned the keys to the landlord and explained the situation and no money, also likely to go on benefits but the landlord stuck to their guns. They have now instructed solicitors to send letter before action claiming just over £4000. The lease was mine and so the debt. I know this. I have emailed the solicitors twice to explain I am out of work and that with help from family I could offer a full and final settlement figure of £1500 or £10pw. This was countered by them with an offer to reduce the debt by £400, or pay off the amount over 12 months. I went back with an improved full and final offer of £2500 or £20pw. This has been rejected with the comment 'papers ready to go to court'. I have no hope of paying the £4000 and so it will have to go to court. Pity as I have no debts otherwise but not working is a killer. I wondered if they take me to court, could I ask for mediation? I also think that taking me to court will result in a pretty much nothing per week payment from my benefits. Are companies just pushing ahead with action even if a better offer is on the table? Thanks for your help.
    • Hi all, Many thanks for the advice! Unfortunately, the reply to the email was as expected…   Starbucks UK Customer Care <[email protected]> Hi xxxxxx, We are sorry to read you received a parking charge after using our Stansted Airport - A120 DT store. Unfortunately, the car park here is managed by MET parking. Both Starbucks and EuroGarages who own and operate this site are not able to help and have no authority to overturn any parking charges received. If you have followed the below terms then you would need to send all correspondence to [email protected], who will be able to assist you further. Several signs around the car park clarify the below terms and conditions: • Maximum stay 60 minutes, whilst the store is open. If the store is closed, pay to park applies. • The car park is for Starbucks customers only who make a purchase in our store, a charge will be issued if you left the site. • If you had made a purchase and required additional time, you must have inputted your registration number into the in store iPad which would have extended your stay up to 3 hours • To park in a disabled bay, you must have displayed a valid disabled badge. • If Starbucks was closed, you must have paid for parking as charges still apply, following signage located on site. • If you didn’t use the store, you must have paid for parking, following signage located on site Please ensure all further correspondence is directed to MET parking at the above email address, and accept our apologies that we cannot help you further on this matter.  Kind Regards,  Lora K  Customer Care Team Leader Starbucks Coffee Company, Building 4 Chiswick Park, London, W4 5YE
    • Thanks HB edited and re-uploaded. Thanks for the heads up 👍
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Urgent Help Required


SCC
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URGENT HELP

Looking for some help with regards a John Lewis credit card.

History is as follows:

1/4/09 - sent John Lewis CCA request

8or 9/4/09 - received a Default Notice dated 7/4/09

16/4/09 - responded to Default Notice advising account in dispute - CCA request.

20/4/09 - send second letter advising account in dispute due to CCA request not being fulfilled.

24.04.09 - received letter (dated 21.04.09) from John Lewis from Central Complaints Department re my letter of 16th April 2009.

23.04.09 - received CCA documents.

05.05.09 - Sent letter advising not all CCA requirements met - documents pre-contractual application form etc

13.05.09 - received letter advising John Lewis has met their obligations. Letter also advised that my request for charges and interest would be provided by relevant department - still outstanding.

No further correspondence received.

John Lewis have now obtained a CCJ without us receiving any notification - no LBA.

John Lewis are now applying for a charging order on our property.

Account balance on 21/4/09 - £8128.35

Judgement amount 29/7/09 - £10331.22

WHAT DO WE DO NOW?????

Copy of application form attached.

scan0004.pdf

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Hi there,

 

Probably the way to go now is to apply for the judgement to be set aside.

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

 

Initial information is in the above link.

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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Hi SCC,

 

Well the first part of your defence is that there doesn't appear to be an enforceable agreement... as you say the posted document is just an application form...

 

As to the rest... you will have to post up the default notices, termination notices etc to see if they're valid and also the POC if you have it.

 

If you don't have a POC, which is unlikely if you didn't receive the claim form... then contact the court which issued the CCJ and ask if they can send you a copy....

 

Once we have that then we can pick each part of the claim apart and sort out the rest of the defence..

 

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They say money talks......mine just keeps saying "Goodbye"

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Yes sorry,

 

A Particulars of Claim.. It's the document that states who the claimant is and what they are claiming.

 

If the Judgement is from the Northampton County Court Bulk centre then they will probably send it to you free of charge within a couple of days.

 

Just ring them and give them the claim number... they're very helpful.

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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Spam

 

Thanks. Sorry to be so slow on the up take but new to this process.

 

I will have to get my husband to call the court tomorrow as the claim was made against him and I'm guessing that they will say 'data protection' if I call.

I have a copy of the Judgement notification and the charging order if that helps.

SCC

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Spam

 

Thanks. Sorry to be so slow on the up take but new to this process. Don't worry... you should see my first thread when it started... :eek::oops:

 

I will have to get my husband to call the court tomorrow as the claim was made against him and I'm guessing that they will say 'data protection' if I call.

I have a copy of the Judgement notification and the charging order if that helps.

SCC

 

The Particulars of Claim is the really important document here as you need to know EXACTLY what they are claiming, Who is making the claim and why..

 

Once you have got that we can steam ahead.. if you can post up the default notice and termination notice if you have one we can also see if they're valid.

 

Do you happen to know if there were any unlawful charges on the account? Late payment charges etc..

 

Spam. :)

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Default notice attached.

 

No termination notice received.

 

I will have to go through the statements to find out. I do see that they are charging £12.00 which I think is for reversed direct debit payment. They are also charging a lot of interest.

 

Thanks again

SCC

scan0008.pdf

Edited by SCC
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Hi,

 

The default notice seems to scrape in within the 14 days for remedy timeframe by the skin of it's teeth but as there are 2 bank holidays in the middle of the dates they would need to prove that you got it by or on 11th April (SAT) or the next day for post would be Tues 14th.

 

You say that you contacted them regarding the default... do you have a date for the letter you wrote to them? Because if you wrote before 14th you may have trouble defending that point..:(

 

BUT, if there are any unlawful charges on the account it would render the notice invalid due to incorrect figures..

 

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Our response to the default notice was dated the 16th April 2009.

 

It seems that the £12.00 is a late payment admin charge.

Will look at the statements that I can find for unlawful charges.

 

Thanks

SCC

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Our response to the default notice was dated the 16th April 2009.

 

Thats good, you would have to put them to strict proof as to when and how the notice was served to ensure you had the full 14 days to comply or the notice could be rendered invalid...:)

 

Have you done a Subject Access Request to get all the data they hold on you?.. or should I say your husband...

 

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  • 2 weeks later...

Attached please find POC.

I have had a look through the accounts and the additional charges seem to have been since we stopped paying the account. Not exactly sure how much they are though.

Please advise what we should put in our defence.

Will put together a SAR and post tomorrow.

 

Any help most appreciated.

 

Thanks

SCC

Edited by SCC
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Hi there,

 

The POC you have posted is really extremely vague and you should be able to submit a decent 'embarrased' defence due to lack of information.

 

For heavens sake it says... a contract on or about... Loan? Credit Card? Ticket to the moon?? ;)

 

First things first, we need to find out more with regards to how the judgement came about..

 

You say you did not receive a Letter before action...

 

Did you receive a claim form or was the whole thing rushed through the court without your knowledge?

 

Spam. :)

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They say money talks......mine just keeps saying "Goodbye"

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The whole thing was rushed through the court without our knowledge. We were waiting for John Lewis to send us advise that they were taking us to court but heard nothing until the judgement arrived.

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Ok,

 

With that information the judgement should be reasonably simple to set aside.

 

You can download the forms from the HMCS website..

Her Majesty's Courts Service -Forms and Guidance

 

You can fill them in on line but they can't be saved so you need to print it immediately.

 

Failing that you can just print the blank form off and fill it in manually.

 

There is guidance on the debtline link above about how to fill the form in and exemption from fees etc.

 

The fee for a set aside at the moment is £75.

 

If you need help filling it in let me know..

 

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Ok,

 

You are applying for a set aside under CPR 13.3. Because you did not receive a claim form and you were not given the opportunity to submit a defence.

 

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part13.htm

 

You believe you have a good chance of successfully defending the claim and would like the courts permission to do so.

 

I will try and help you with the 'defence side a bit later.

 

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Hi Scc,

 

I was going to try and sort out your defence for your application but you seem to have removed your POC..

 

Could you post it up again so I can copy it out.

 

Thanks, Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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Hi SCC,

 

This is a rough guide to your defence for the set aside application.. you may wish to alter bits but the POC is so vague there's not much to answer..

 

Hope it's ok... give me a shout if you need any more help.

 

Spam.:)

SCC set aside application.doc

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