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    • purplenora
      Landlord Court Claim, WS due in today, no letter before action - claiming £4500 floor damage

      By purplenora · Posted

      Should this to be take into court with him or should he send something in earlier?
    • Hamz909
      PCM PCN - Royale Leisure Park - W3 (London)

      By Hamz909 · Posted

      This is the other sign  parking sign 1a.pdf
    • jk2054
      Problems with social services - various issues surrounding my mother who is now in a nursing home.

      By jk2054 · Posted

      4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • Hamz909
      PCM PCN - Royale Leisure Park - W3 (London)

      By Hamz909 · Posted

      These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Tosca 2
      Problems with social services - various issues surrounding my mother who is now in a nursing home.

      By Tosca 2 · Posted

      Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              

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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

What do I do next? CCJ Case.

MXBN

By MXBN
in Financial Legal Issues

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MXBN

MXBN

Posted
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I am being taken to court by Drydens on behalf on Nationwide for a credit card debt, I have made them an offer through Payplan but they won't accept it, I delayed the court date by filling out the acknowledgement section on the court papers and requested the CCA and the CPR but have not received any information yet, the court date is December 4th, what do I do next, I need to contact the court to tell them I've not received anything, which letter do I send and can I do this through the moneyclaim website and which option do I use?

 

The problem I have with this is I need to do it electronically somehow as I live in the Netherlands but the CCJ is being taken out against the house I rent out in the UK and the mortgage is with Nationwide also, is there any defence I can use as I'm not at that address anymore or do I just accept it?

 

I already have a CCJ at that address from last week for a loan with Nationwide where they wouldn't accept a Payplan offer. My other creditors have accepted the Payplan payments. I have read many posts about CCJs and living abroad but I still don't know if they can follow me to the Netherlands as well, the address I have given them in the Netherlands is a PO box.

 

Extra information is that I'm trying to sell the house in the UK and the mortgage is currently on interest only with the Nationwide.

 

But first I need to know what do I do next and what do I send the court to say that Drydens have not responded and can it be done electronically, even by fax?

 

Thank you

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MXBN

MXBN

Posted
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You can submit a defence on the Moneyclaim website as long as it does not exceed 8000 characters.

 

If you have not received any of the docs you've requested, then you are quite entitled to submit an "embarrased" or "holding" defence which can be less than the 8000 character limit.

 

Thanks

 

Is there a recommended wording for this defence? Should I mention anything about the Payplan offer or any details of income etc or is it just a straight I can't do anything as I've not received the information?

 

What happens after that and if I receive the information after the court date? What if Drydens have sent it but I don't receive it until a few days after the court date? Can they contest this?

 

Will I be sent a new court date or do Drydens have to make another claim?

 

Thanks

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Docman

Docman

Posted
Posted

You might like to think about filing a holding defence alog these lines.

 

In the xxxxxxxx County Court

Claim number

Between

xxxxxxxxxxxxxxxxx- Claimant

 

and

xxxxxxxxxxxx - Defendant

 

DEFENCE

1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

a)The claimants’ particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

c) The claimant's statement of case fails to comply with the requirements of CPR part 16 and practice direction 16 insofar that this claim is based upon a written contract namely a regulated credit agreement regulated by the Consumer Credit Act 1974. Whilst the Civil procedure rules provide an exception to service of a document with the Particulars of Claim, the claimant still has not supplied the defendant with a copy of the agreement which the claimant bases this claim upon.

d) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the account number of the agreement, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim.

e) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

4. Consequently, I deny all allegations on the particulars of claim and do not know what case I have to meet.

5. Further to the case on [DATE] I requested the disclosure of information vital to this case from the claimant, in respect of each alleged debt the Claimant has failed to produce any of the information requested. The information requested amounted to copies of the Credit Agreement and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a list of charges applied to the account.

6. Having requested a copy of the credit agreement, which has (thus far) not been produced by the claimant I put the claimant to strict proof that such a document exists, in all respects compliant with the consumer credit 1974. In the absence of such a document, I deny that there has been any failure to make payment in accordance with any alleged contract.

7. The Claimant having failed to produce a copy of a properly executed credit agreement and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment.

8. It is neither admitted or denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant. And further I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach.

9. Further, the claimant states that I have refused to pay sums due under agreement. In its particulars of claim, it has not explained under what terms of any agreement these sums were due and I put the claimant to strict proof that said monies are due.

10. Without Disclosure of the relevant requested documentation I am unable to asses if I am indeed liable to the claimant, nor am I able to asses if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974.

11. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

12. Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

Statement of Truth

I XXXXXXXX, believe the above statement to be true and factual

Signed

Date

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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MXBN

MXBN

Posted
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I received a letter from Drydens today dated the 23rd November with regard to the CPR request:

 

"Thank you for you letter dated 17th November, the contents of which are noted.

 

We have requested the relevant documents from our client and will forward these onto you as soon as possible.

 

Please note we will allow 14 days from the date we send the documents to you before Judgment is requested"

 

What do I do, do I beleive them and just wait and let the current court date pass or do I just tell them if it's not received by Thursday then the holding defence will be entered? They sent this to my Dutch PO box, should I just ring them to find out if they are taking the Judgement out against the UK address or the Dutch one (which I know they can't)?

 

Thanks

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hungrybear

hungrybear

Posted
Posted

Never ignore a court date. Your address for court is the one they sent the POC to.

 

You must submit a defence on time and you must tell the court exactly why you have to enter a holding or embarrassed defence, ie its the claimants fault, they began court action without everything to hand etc.

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hungrybear

hungrybear

Posted
Posted
After I submit the defence do I just wait for a new court date from the claiment or do I have to do anything else?

 

 

Thanks

 

You dont wait to get anything from the claimant, you do everything the court tells you on the courts timescale. There is many a thread on here where the solicitor has pretended to halt a claim and deal with the defendant, only for the defendant to find a summary judgement land on his doormat 2 weeks later.

 

Remember it's their job to beat you, some of them will do it by any means. Only take any notice of anything the claimant says IF its in writing and has been cc'd to the court and then still be very suspicious.

 

If the court wants to change a date they will tell you - you can always ring up and speak to a clerk at the court they will look up your case and tell you what you need to do next and by when.

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MXBN

MXBN

Posted
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Posted

For the holding defence do I fill in the defence and counterclaim part online and if so in section 1 which option do I take, do I just dispute the full amount claimed.

 

Thanks

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  • 1 month later...
MXBN

MXBN

Posted
  • Author
Posted

I've now received an Allocation Request and the Nationwide have now changed solicitors to Eversheds.

 

On the Allocation Request it says what dates am I not available which the answer is I'm not available for any court dates as I can't afford to come back to the UK to defend this, do I need to have someone defend or will a letter to the judge do, if I tell them I will never be available what will happen?

 

Eversheds said to get payplan to make them an offer again does anyone think this will make any difference as Nationwide have maintained all along that they won't accept anything less than 3% of the balance which they will never get?

 

Is there any links for the best way to fill out the Allocation Request?

 

I've still not received any documents from the Nationwide, do I put this on the Allocation Request and do I ask them again for the CPR stuff, Eversheds said that the CPR was irrelivant at this stage as it needs to go to court again but is this true? If they still don't provide the CPR can it be thrown out of court?

 

 

 

Thanks

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vint1954

vint1954

Posted
Posted
I've now received an Allocation Request and the Nationwide have now changed solicitors to Eversheds.

 

On the Allocation Request it says what dates am I not available which the answer is I'm not available for any court dates as I can't afford to come back to the UK to defend this, do I need to have someone defend or will a letter to the judge do, if I tell them I will never be available what will happen?

 

Eversheds said to get payplan to make them an offer again does anyone think this will make any difference as Nationwide have maintained all along that they won't accept anything less than 3% of the balance which they will never get?

 

Is there any links for the best way to fill out the Allocation Request?

 

I've still not received any documents from the Nationwide, do I put this on the Allocation Request and do I ask them again for the CPR stuff, Eversheds said that the CPR was irrelivant at this stage as it needs to go to court again but is this true? If they still don't provide the CPR can it be thrown out of court?

 

 

 

Thanks

They will need to provide under CPR 31.14 in order for you to defend.
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MXBN

MXBN

Posted
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Posted

Do I put this in the Allocation Request that they have yet to supply the documents and if they try to take it to court again and still haven't supplied the documents can it be thrown out even if I don't request the CPR again?

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vint1954

vint1954

Posted
Posted
Do I put this in the Allocation Request that they have yet to supply the documents and if they try to take it to court again and still haven't supplied the documents can it be thrown out even if I don't request the CPR again?

Not sure, I would allert the site team to this, to get a proper response.

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MARTIN3030

MARTIN3030

Posted
Posted

Pt has been doing some updates on this side-here;

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

 

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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MXBN

MXBN

Posted
  • Author
Posted

One thing on the AQ it says something about a fee, 1) do I have to pay and 2) why should I when it's the claimants fault that it has gone this far as they have not provided the CPR and 3) can this be put in the AQ the reason why I shouldn't pay.

 

If I have to send payment but I don't what happens? I'm on no benefits as I live in the Netherlands but I can't afford to pay it.

 

Thanks

 

Thanks

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diddydicky

diddydicky

Posted
Posted
Do I put this in the Allocation Request that they have yet to supply the documents and if they try to take it to court again and still haven't supplied the documents can it be thrown out even if I don't request the CPR again?

 

you need to apply for an order with the AQ for them to comply i think

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vint1954

vint1954

Posted
Posted
One thing on the AQ it says something about a fee, 1) do I have to pay and 2) why should I when it's the claimants fault that it has gone this far as they have not provided the CPR and 3) can this be put in the AQ the reason why I shouldn't pay.

 

If I have to send payment but I don't what happens? I'm on no benefits as I live in the Netherlands but I can't afford to pay it.

 

Thanks

 

Thanks

No, the claimant pays the fee.

 

If you are in the Netherlands, where did they serve the claim on you?

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MXBN

MXBN

Posted
  • Author
Posted
No, the claimant pays the fee.

 

If you are in the Netherlands, where did they serve the claim on you?

 

On the house I still own in the UK, the mortgage is with the Nationwide so they know I have it, they've already got one CCJ against me for a loan there. It's for sale and they also know that, they're trying to get all of the debts I have with them put as charging orders on the house which is not that bad but I don't want to get into negative equity and be in a position where I can't sell it.

 

My other debts I gave them a PO box in the Netherlands as the address but they have all accepted the offers from Payplan, it's only the Nationwide that are after blood.

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vint1954

vint1954

Posted
Posted
On the house I still own in the UK, the mortgage is with the Nationwide so they know I have it, they've already got one CCJ against me for a loan there. It's for sale and they also know that, they're trying to get all of the debts I have with them put as charging orders on the house which is not that bad but I don't want to get into negative equity and be in a position where I can't sell it.

 

My other debts I gave them a PO box in the Netherlands as the address but they have all accepted the offers from Payplan, it's only the Nationwide that are after blood.

May pay to get advice on the possition with you being out of the country. They may have problems.

 

Charging orders cannot make you go into negative equity. When the mortgage is paid off, then the ballance owned by you ( and only your share if jointly owned ) can be used to pay off debts.

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