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    • Who is the retailer?   What was the item? Where was it sent from and where was it sent to? How did you pay?
    • I purchased an item costing approximately £3000 from an online retailer. The item was sent via Royal Mail Special Delivery. The item never arrived. Tracking shows as delivered with a signiture and printed name which is not mine. I informed the retailer and they in turn informed Royal Mail who started an investigation. After the investaigation Royal Mail said the item was delivered to a house number opposite me and that I should check with them. I checked and nothing had been received by that neighbour. After this the reailer initiated a claim with Royal Mail. It has been 5 days since then and I have not heard back from the retailer. My question is: Legally, do I really need to wait for the Royal Mail claim? As far as I see it I have a contract with the retialer. I have paid them money and they have agreed to provide me with goods. I have paid my money but not recieved the goods. The Royal Mail aspect is nothing to do with me and not my problem. Am I correct in this thinking?   If so, what should I do?
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    • read it properly, doesn't say will anywhere. i don't think we've ever see any of these threats go anywhere.    
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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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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

Legal Action: how to start off. IMPORTANT IF YOURE BEING SUED


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Sorry to hijack this thread but could someone have a look here

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/77661-hi-advice-please-loan.html

 

I have to reply by a week today- I think I know mostly what I need to reply to regarding their POC I just want some guidance as whether I am proceeding properly.

 

Thanks

fiddled

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Just a quick question,

I have a case regarding a overdraft. The POC is pretty vague:

 

The claimants claim is in respect of monies due pursuant to an account maintained with the claimant"

 

"and the claimant claims:

 

1. cash over 5K

 

2. Costs

 

I have sent a CPR31.14 with the standard template. So far I have received statements back for 7 years and a termination letter. The CPR is up tomorrow so I have 2 weeks left, I'm not asking for a defence I know roughly what to do. The covering letter says I should expect a letter from their solicitor.

 

What would my best course of action be send them a 15.5 asking for an extension until they supply me with the documents I want? Or file an embarrassed defence which drags things on.

 

The Claim is over £5k by about £700 can I request small claims, I cannot counter-claim as I can't afford it so I'm going to use CPR16.6.

 

Any help would be appreciated.

 

Thanks

 

Pumpytums

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Can anyone tell me what is the procedure when you submit a witness statement for the main trial? Do you need to re-copy everything which has already been submitted and referred to as exhibits in the summary judgment?

 

The witness statement is the same apart from a couple of points taken out as they are no longer relevant and a couple of points added in to reflect updated events.

 

Any help appreciated - next stage for us is pre-trial checklist. Does the court send you this?

 

x

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the WS for the SJ was just that therefore you will need a new WS for the main trail (this will be after you have received the creditors submissions so that you can answer any points raised in theirs

 

 

however i presume you kept copies of the WS so it could easily be ammended

 

be careful not to contradict yourself in the second WS

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  • 2 months later...

Sorry to hijack this thread but I have an issue to which I cannot find a mention on this forum, (I'm sure it's there but I just can't find it!!).

Problem- received a court claim form from Restons for HFC. Issue date 27 Aug 2010. Received 18 September. Replied with Acknowledgment of Service dated 18 September . Today called Northampton CCBC who stated that judgement had been made on 19 September and case had been moved to Norwich. I live nowhere near Norwich. First question I understand the 5 days plus 14 days but what happens if for whatever reason you do not receive the claim form within the time frame? Question 2 is it sufficient to state on form N244 that claim form was not received within the time scale, and how long does set aside give you to prepare a case. Grateful for any comments

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Hi scrible

 

You received the claim form after the date when the AS should have been received. (BTW did you keep the envelope it came in?) This should give you grounds for a set aside which, if granted, sets the clock back to when the claim was issued.

 

I suggest you start a new thread of your own for this & put a link to it on this thread so CAGers can help out.

 

BTW, Norwich acts a clearing centre but as the claim is now with them, it's to Norwich that you make your set aside app.

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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Ok thanks. Foolish yes I did keep the envelope, it has no date stamp or anything, however my post is on redirect and that may have added to the delay.The person I spoke to at Northampton suggested it was a matter between myself and the Royal Mail !! That maybe the case but its not helpful.... So you think I have grounds for a set aside on the delay alone or do I need to include my full defence? I will happily start a new thread just not quite sure how to do it.

 

m2ae - your absoloutley correct they did tell me this at Norwich.

 

Thanks for your help

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Ok thanks. Foolish yes I did keep the envelope, it has no date stamp or anything, however my post is on redirect and that may have added to the delay.The person I spoke to at Northampton suggested it was a matter between myself and the Royal Mail !! That maybe the case but its not helpful.... So you think I have grounds for a set aside on the delay alone or do I need to include my full defence? I will happily start a new thread just not quite sure how to do it.

 

m2ae - your absoloutley correct they did tell me this at Norwich.

 

Thanks for your help

 

You would probably get the set-aside on the postal delay alone, the courts are loath to uphold default judgments if there is a chance it was given because the defendant wasn't served properly. It would help if you have a good defence for the claim though.

 

Apply for the set-aside (unfortunately it will cost an application fee) on the delay grounds plus include an outline defence. It needs enough detail to be viable, but not 16 pages of legal argument and case law. In fact keep well away from case law.

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I will happily start a new thread just not quite sure how to do it.

 

 

Hi Scrible

 

Click on the link below and you should see on the left hand side, an Icon which says "+ Post New Thread" - click that and away you go :-)

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

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Royal Mial redirection should only add 1 day to your getting any mail.

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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I have completed the N244 - main reason for set aside is that the form was received after the 5 +14 days allowed. Additionally I have stated that "I wish to defend the claim because HFC have confirmed that they are unable to provide a copy of their legal agreement." Do you think that at this stage this is sufficient to achieve set aside. Furthermore, again I presume due to the postal issues, my post is on redirect, I have not received notice of the default judgement or indeed anything by post from any court. Do you think I should wait for that to arrive or pre empt it. I found out about the default judgement almost by accident when telephoning Northampton to enquire about my acknowledgement of service. Thanks in anticipation.

Scrible

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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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  • 1 month later...

hiya all can anyone help me today as im fast reading as much as i can but getting muddled a bit cheers

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?282042-Link-Financial-court-summons-rec-need-help-pls

 

cheers angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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  • 1 month later...
An ex friend is taking me to court with a false document....

 

Can i use the above to ask for information?

 

Hi,

It's a bit quiet on this thread at the moment, but if you read the very first post, you can request a COPY of this document and any other doc mentioned in the Particulars of Claim by using CPR 31.14, and you can request sight of the actual document (eg by visiting their or their Solicitors premises) within 7 days by sending a CPR 31.15 request.

 

kind regards,

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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I have a copy of this document with the claim but I know the statement written on it has been added after I signed it....

 

Do I go to the police? Inform the court?

 

Answered on your own thread indianamachno http://www.consumeractiongroup.co.uk/forum/showthread.php?287012-County-Court-action-by-ex-friend

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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  • 2 weeks later...

I must also visit a point which it seems is causing some difficulties, although i am not sure why, so here goes

 

if you receive a claim form, you must not sit on your hands with your thumbs up your buttocks,

 

you must write without delay and ask for any document MENTIONED in the Claimants statement of case, this is very important, IF IT AINT MENTIONED there is no entitlement to a copy under CPR 31.14 contrary to the opinions of some on this forum, sigh,

 

so you take the CPR 31.14 letter on this forum, and amend it to SUIT YOUR CASE, don't be a lemming, don't follow the pack and copy the template and don't edit it, you must edit to suit, if you don't then you have a real problem

 

so you send the CPR 31.14 letter, edited to suit your case, and you give the oppoenent 7 days to comply.

 

CPR 31.15, is the authority for the requirement to comply within 7 days, GO READ IT

 

Then, what has been happening, is people are missing one vital point.

 

They arent following up with an agreement with the Claimant for an extension of time for filing the Defence. CPR 15.5 allows you to agree in WRITING AN EXTENSION of time, and once agreed, you MUST WRITE TO THE COURT to notify them of the agreement, this bars any judgment requests by the Claimant providing that you have come to an agreement.

 

One thing that people on here seem to have a taboo over, is speaking to the opponents on the telephone. I have managed to make many agreements in principal with companies on the telephone, be nice, be polite, dont swear at them, talk to them as human beings and you will be ok.

 

Why would you want to phone them? well, when you send the CPR 31.14 letter with a request built in under CPR 15.5 for an extra 28 days for your defence, they have 7 days to comply. BUT i will tell you know, its unlikely they will within the 7 days, i have yet to find a debt purchaser that does.

 

So, the Claimant dont comply, so what do you do? well you pick up the phone as at this point you still have between 18 -21 days til your defence is due depending on how things have gone, and you ring them and ask, can you tell me when i can expect compliance? speak to the person responsible for your file, not the telephone operator, there will be a file handler so thats who you want.

 

You ask when you can expect compliance with your request, this will confirm that it has been received as well, cos if it hasn't, they will say something like " oh what request" which then means you can say ok what's your fax no and i will fax it over to you now!!

 

if they have it, then you can ask them, can we agree to an extension of time for the Defence, as i cant put my defence forward until i recieve the agreement from you that you are going to rely on and the only option i have if you cant agree the extension is to apply to the Court which will incurr costs and which i will seek to recover from you for your failing to provide me the documents i need to formulate my defence. if they agree, then get confirmation emailed, faxed or written to you asap from the claimant and then write to the Court attaching a copy of the letter, email etc. and get the persons name whom you speak to, and ask them, can you please tell me if this call is being recorded as i may need to refer to it in evidence !!!

 

 

If the Claimant will not play ball with you at that point, you politely tell them that you will be filing an application to the Court for the following

 

1) an order compelling the Claimant to disclose the requested documents

 

2) an extension of time not less than 28 days from the date of the order for filing your defence.

 

3) costs occasioned by the Claimants failings to disclose pursuant to CPR 31.14 and 31.15.

 

I have yet to come accross a judge who refused to order the Claimant to disclose when they havent complied.

 

You must remember that the circumstances of your case will require COMMON SENSE to be applied, but i hope that the above shows you that you need to keep a finger on the pulse and not dilly dally

 

a couple of people have sat on their hands waiting for the Claimant to reply, and have had default judgment entered as a result.

 

Let me be clear on this, if you do not file a defence you will be at risk of default judgment, this is why you have to act fast as make the necessary request, give the claimant the required time frame to comply, if they dont comply, phone them, find out when you will get compliance, remembering of course you have 28 days to file the defence, at this point 10 days will probably have passed,so the claimant needs to get you the documents ASAP id suggest 3 days would be long enough at this point, and if they cant get them to you in 3 days then they can darn well get you a letter telling you they agree to an extension of 28 days on top of the original 28days to allow for disclosure and defence.

 

Dont let them win by default. the agreement to the extension of time MUST be in writing, if its not then dont rely on what they told you on the phone, if you get to 7 days before your defence is due and you dont have docs, and you dont have an agreement for an extension then balls to them and apply on a N244.

 

for anyone who needs help with this part, please PM a site team member and ask them to contact me or someone who can assist and we can help you with the application

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Please can you post this on my page as others wont see it....

 

Thank you very much M

 

Hi Indiana,

 

This posting is already on a stickied thread and as such appears in a thread at the top of the legal forum for all to see.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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#272 - Brilliant Post PT. Well done and Happy New Year in advance....

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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