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    • I'm not sure we were on standard tariffs - I've uploaded as many proofs as I can for the ombudsman - ovo called last night uping the compensation to 100 from 50 pounds for the slip in customer service however they won't acknowledge the the problem them not acknowledging a fault has caused nor are they willing to remedy anything as they won't accept the meter or formula was wrong.   I'd appreciate more details on the economy 7 approach and I'll update the ombudsman with any information you can share. 
    • To re-iterate and highlight my urgent question on this one: The N24 from the court did not include any instructions to submit paperwork 28 days before the date, unlike the N157 received for other smaller claims. Do I have to submit a WS for this court date? Link has!...
    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
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CL finance claim form GE money


Hedman87
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and is this from the date on the letter received confirming the judges decision? this was obviously a few days after the hearing?

 

thanks

 

I think it's from the date of their receipt of the notice hedman but maybe someone else will confirm.

I know that if you wish to apply for a set aside of a judgment for some reason, it should be done within 14 days but not sure of the strike out rule. If the claimants were represented in court, I don't think they would stand much chance but if the judgment was given in their absence, they may have an argument.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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thanks for the info! Yeah foolish has been great. I was a little surprised how persistent this lot were, the 2nd hearing was with a different judge....I don't think it should have got this far. Will wait and see what appears next week. One thing I would tell anyone reading this, is don't be afraid of the court, CL and the likes are playing the system and you need to do the same. But you must absolutely respond to everything on time.

 

I suspect this one isnt over yet, will keep you posted.

 

cheers

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Wow, interesting thread. It's amazing how HC and CL try to go for loads of people and get away with it and all the people who haven't found this site will have fallen foul of the complicated legal system. Excellent support from FG, who has really helped me, and others. Keep us posted hedman.

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  • 1 month later...

I am still a little confused as to the method I should use to go after costs, I have found some good info here http://www.consumeractiongroup.co.uk/forum/showthread.php?163222-Welcome-Cohens-case-withdrawn-***WOO-HOO-***/page12&highlight=bill+costs

 

My case was struck out but they didnt withdraw.....any direction would be great.

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Not reread your thread hedman, but if the case was struck out, you can make an informal app by a letter to the court but I suggest that as it was a while ago you make a formal app - the form will depend on whether you go for summary or detailed assessment.

 

These links may help you: http://www.consumeractiongroup.co.uk/forum/showthread.php?65921

 

This one by X20: http://www.consumeractiongroup.co.uk/forum/showthread.php?150028-arrow-global-receivables-cope-s-solicitors&p=1693196&viewfull=1#post1693196

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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  • 4 months later...

thanks for the reply. I received communication from them a few months ago advising that neither party had attended the hearing and they hadn't received the copy of the hearing order. If they didn't receive payment they would restart court proceedings.....

 

No I stupidly didn't pursue costs for the previous claim.

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So they are saying they did not receive a copy of the judgment striking out their claim? I suggest you send them a copy. They are full of bluster – the court will not, hopefully, entertain this.

 

Again, what’s in the PoC for the new claim?

 

Think you might be able to pay for a summer holiday if you handle this right.

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they have said they did not receive a copy hearing order...now I received it with the advise that the claim had been struck out completely. I am going to take a look at a the POC but it looks identical.

 

The order I received was on a single piece of court headed paper, is that all you would normally receive?

 

thanks

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Can you clear a couple of things up?

 

1. Was the case struck out without a hearing, ie. neither you nor they attended court?

 

2. You received a notice from the court that the case was struck out?

 

3. They are claiming not to have received a copy of that notice?

 

If this is the case, they are telling fibs.

 

Because if they claim not to have received that notice, they would be of the impression that the case was stayed, would they not? There would be no need for a new claim – just an application to lift the stay.

 

The judge will love this...

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3. They are claiming not to have received a copy of that notice?

 

If this is the case, they are telling fibs.

 

Because if they claim not to have received that notice, they would be of the impression that the case was stayed, would they not? There would be no need for a new claim – just an application to lift the stay.

 

The judge will love this...

 

They may well be telling fibs DB but I can't agree with you that the judge will love it. I suspect that they may get leave to have the case dealt with again :x

 

There is a similar case here - a salutary tale:

http://www.consumeractiongroup.co.uk/forum/showthread.php?210585-Claim-struck-out-can-creditor-make-new-claim-Well-they-have-issued-new-claim.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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I understand, but my point is one of logic - I meant the judge would not be impressed by what would clearly be a lie, if the facts are as stated. As for the judge lottery... we need the OP back here, sharpish, so this can be challenged asap.

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  • 2 weeks later...

hi guys,

 

Sorry for not replying sooner. I have now acknowledged service of the claim...and looking to see what angle I approach this from? Do I need to submit the same defence? The POC is the same...and I have sent a copy of the struck out order from the court to them.

 

thanks

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Have you read the link that foolishgirl gave you above?

 

There is plenty of advice there. This is on the very first page:-

 

Assuming the second claim mirrors the first, the proper thing to do is to submit a Defence pleading all that may be available by way of defence (there may be an issue over the default notice I gather) plus a plea of res judicata and that the cause of action now relied upon merged with the order striking out the claim which was not appealed and remains the decision of the court on the set of facts forming the second claim.
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Hi,

I had a account sold to a well known DCA they went to court and discontinued, I file a defence too.

 

The original OC has repurchased the account allegedly (I have no NOA) and reissued through Northampton.

 

How do I go about asking if they have requested permission?

 

Thanks

 

Pumpytums

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