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    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   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.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
    • I suggest you start reading around this forum about the steps involved in taking a small claim in the County Court. It's very straightforward but you should understand the steps before embarking on it so that you are confident. We will help you all the way. Once you have done this basic reading then come back here and we can begin the process if you are happy to go ahead. On the basis of what you say, I expect that your chances are better than 90%. I also expect that West Cheshire Facilities Management will want to put their hands up before it goes to court and get a judgement against them. We would want to see your letter of claim before it sent off but I suggest that it is made clear that Social Security's have already been informed and that when you get a judgement against West Cheshire Facilities Management, you will make sure that social services and the health service generally are all circulated with copies of the judgement. If West Cheshire Facilities Management really want to take that risk with all of the reputational and business risk that accompanies it, then they are being extremely shortsighted.
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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.
       
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      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
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judgement against a dca set aside


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i have a disputed account with hsbc since last year , i put it in the hands of the fos , but hsbc put a dca on the case . so i replied to there letters telling them i charge for my research and replies , they kept writing etc so i sent them a final demand for my r&r letters and issued a mcol .for £225 worded the claim form ok etc

any how i by mis stake entered online on the request judgement form i think sec B where is state s

THE DEFENDANT ADMITS THAT ALL THE MONEY IS OWED i ticked online by accident,

any way i eventually get a letter asking if i did it by accident etc to which i redone the form twice and sent one via recorded and one normal post ,

and apologised for my error .

and eventually i was awarded judgement , and the case was transfered to their local court birmingham for enforcement

i then receive a application notice for it to be set aside . i got this 2 days before the hearing , so i contacted the court and was told to submit my reasons for being against this via e mail to which i did

there reason for wishing for the set aside was that they have real prospects of defending my case , and never had the opportunity of defending the case /

my reasons i stated that i accidently filled in the form online wrong and that they did have enough time to defend in the first place their sol a DG ha did call NCCBC to inform of the original mistake .

today i got this from birmingham

upon hearing the rep for the defendant

IT IS ORDERED THAT

1 ?JUDGEMENT SET ASIDE

2 THE CLAIMANT FILE AND SERVE ON THE DEFENDANT AND THE COURT AMENDED PARTICULARS OF CLAIM DISCLOSING THE COURSE OF ACTION BY MARCH 3RD (i received today in the post sent yest )

3 IN DEFAULT OF AMENDED POC BEING FILED AND SERVED THE CLAIM SHALL BE STRUCK OUT

4 IN THE EVENT THAT THE CLAIMANT FILES AMENDED POC THEN THE DEFENDANT SHALL FILE AND SERVE ON THE CLAIMANT AND THE COURT A DEFENCE BY MARCH 17TH

5 THE CLAIMANT PAY THE DEFENDANTS COSTS ASSESSED IN THE SUM OF £105. 75

ok so i do realise ive stirred up a hornets nest with the dca who have put dg solicitors on the case but i would dearly love to shove it back in thier faces so any help would be good if possible please

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ok so i need to fill in a n244 as well as a n1 with the amended poc , can i change it by much or all inc claim amount i have since written several more r&r letters back so need to up the claim amount .

fee for this ? £30

also n271 for a transfer of proceedings to my court or should i wait for the allocation questionaire , i believe there is a bit covered in that for a transfer ?

i just knew that because its this particular dca home court it would be dare i say bias because they use this one a lot i guess

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hello postggi , thanks for the reply ok word for word because as you know your only allowed a certain amount

MY CLAIM IS FOR RESEARCH AND REPLY LETTERS TO MCS AS PER THEIR REQUEST DATED 5TH OF OCTOBER INVITING SAID RESEARCH AND REPLY LETTERS.

MY REPLY DETAILED MY COSTS AND W/END COSTS THAT ARE DOUBLE.

THAT THEY ARE ALSO IN DIRECT CONTRADICTION OF THE OFFICE OF FAIR TRADING S GUIDELINES TO WHICH THEY PRESCRIBE TO IN THE GRANTING OF SAID LICENCE TO MCS, AND THAT THEIR REPLY OF THE 5TH OCTOBER RE-ENFORCED BY WAY OF AN APOLOGY, ALSO THEY CONTINUED TO INVITE FURTHER RESEARCH AND REPLY LETTERS BY ME FROM THEIR LETTERS OF 23SEPT 5TH OCT 16TH OCT 5TH NOV 16TH OF NOVEMBER RESPECTIVELY.

MY FINAL DEMANDS OF THE 5TH OCT 20 TH OCT AND 13TH OF NOV HAVE NOT BEEN PAID.

 

obv bec my account was and still is in dispute ref hsbc it was and still is with the fos , so they in no way should attempt collection if i am right , and my first reply to them stated my costs for my letters ,

i have whilst at work drafted a fresh poc , well 2 diff versions short and long . any help postggi would be most gratefull

sorry i never replied yest as was in bed for early shift today

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Ok have done amended poc and re sent via overnight delivery , be there for 1pm tom , re done the N1 , was informed by bcc no further fee applies but did copy the original online claim form as well as a covering letter

 

done a application notice also etc sent three copies of all and sent a copy to mcs

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i know that the amount i am claiming is not life changing but ref a dca chasing you while your accounts in dispute is .

for them to think they can opperate outside of all the rules and regs etc and if the same company did try and get a dca on the case whilslt my accounts are in a clear dispute , a number of times with a number of dca s it all adds up to a lot of letter writing.

if i manage to win against this lot i will have a further 7 to chase . and chase i will

although i am sure being mcs s local cc they find fault or deliver papers a day before a reply is needed as thay seem to keep doing , so i scan all envelopes and copy and send these to the court also ,to cover ones bottom .

i feel like i am jumping through hoops

Edited by charley2212
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