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    • Did you take screenshots or anything of the descriptions that you gave? Do you have any evidence to support you say? In any event, you paid for the insurance, you declared the parts having given the descriptions and they accepted it all on that basis. You have begun the claim procedure yet so I suggest that you do so. We'll see what happens. In any event, it could be said that the various sections are contradictory. Parts relating to vehicles are containing three separate sections and it is relatively difficult to discern which section a particular part should come into. Section 69 of the consumer rights act relates to ambiguities and basically says that an ambiguity must be interpreted in favour of the consumer.  
    • I have booked a Hotel/Flights Package with the above paying a 10% deposit with the balance due a month before travel next August.   On looking at Cancellation Charges they virtually say 100% 84 days out plus.   According to the Package Travel and Linked Travel Arrangements regulations 2018 - termination fees have to be "Reasonable and Justifiable"   I find it hard to comprehend how last minutes charges could fall into the above description.   For example the hotel is available on Booking.com for our dates with no pre-payment and free cancellation up to the day before arrival.   I'm not sure of their arrangement with BA but the tickets we reserved have doubled in price in the last week and could easily be resold.   I can't find any anecdotal evidence or Court Cases relating to them trying to collect Cancellation Charges from people who have not already paid the full balance and cancel. If I were to cancel 8 months out is it likely they would pursue me for the remaining balance.    
    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
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rob1825

i dont understand the judgement for claimant (default)

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Hi i am wondering if some one might be able to help me figure out what i should do.

 

We had suspicions that the company who deals with our service charges had failed to amend our billing details. Details were sent by E mail on 31 Aug 2009 and was copied to the company who we pay the ground rent to. They managed to comply with our request to change our details.

 

The service charge company we have found out recently have not amended them and instead sent the last bill to our old address. I called the company to see why we had not received a bill recently, the woman on the phone went a bit strange, said someone else would call me, i asked if there was something wrong she said no.

 

We did not get a call back that day or the next so we sent a cheque to the MD straight away with a letter saying here is two grand for the service charges, we have not received a bill if more is needed please let us know and we will send the balance.

 

Got a letter back about a week later from a financial guy in the company informing us that they have accepted our cheque but our account is currently held in `breach` and we need to be aware that proceedings in default of a response from us were issued and a judgement obtained.

 

he directed us to their solicitor and since then we have managed to obtain the claim form and the judgement for claiment default form(s) one each.

 

They are dated 19 October 2009

 

we knew nothing of this because they sent all the stuff to our old address and we advised them of our new address on 31 Aug 2009 and we have a copy of the email.

 

I have talked to a solicitor but to be honest i think it was a waste of good money! then i talked to the national debt hotline. today i spoke to a woman at the court and she said that i need to get a N244 form and apply for judgement to be cancelled as we have paid the money, though we did not pay it within the month from date of judgement. actually we paid it before we even realised we had been taken to court!

 

She said we could first write the the service charge company and ask the claimant to consent to agree for the judgement to being cancelled. she said they would have to agree in writing and post it to us so we could then send it to the court (with what i dont know do i have to fill in a form?)

 

Im thinking we will have to fill in a n244 form and apply for judgement to be cancelled.

 

im getting very stressed and confused about the whole thing as i cant seem to get a difinitive answer to what i shuld do and is a cancellation of judgement the same as a set aside?

 

the lady at the court said we cant set it aside as we have paid the money now and instead we have to have it cancelled.

 

do you think a copy of an email requesting this company to amend our records in August is good enough to get this sorted out?

 

will we have to attend court?

 

if the judgement is cancelled how do we then go aboiut getting our money back that they have added to our service charge for legal fees and court costs and on top of that our own expenses, hour with a solicitor, registered post costs, taking time off work to see soilictor.

 

hey thanks fro reading my ramblings, im at my wits end just not knowing exactly what to do. I have down loaded the n244 forms but not sure what i put in them. any help would really be appreciated

 

thank you

 

Rob

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I would say the first thing you have to do is apply for a set aside of the judgement. Fill out the forms this weekend and take them in on Monday with the £75

 

Then I would write to the company tell them you are setting aside and will counterclaim and do they want to settle it amicablely

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