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    • I agree with all that.   Can I just add that I've gone through the defence again and tried to make a bit more sense of it - and perhaps try to address or skip over some of the questions asked by FTMDave.   Can I make clear I am not criticising what FTMDave has already done - I think that was a great job.  It's just that I have found the OP's explanations still very unclear and difficult to understand so I've tried to make more sense of it.  If what I've done is just making the whole thing more complicated and confusing then by all means ignore it.   Bits I suggest deleting altogether are struck through.  eg this   Bits in red are my suggestions/improvements.  (Or maybe they make things worse!)   Bits in blue and bold are my questions.   Whether this is really an improvement or not I don't know.  Feel free to ignore...   ===============================================================================   1.      In this Defence:   a.       References to the paragraph numbers are in reference to the paragraphs in the Particulars of Claim issued on 25/02/2021.   b.      A matter that is not admitted is a matter which the defendant is unable to admit or deny and requires the claimant to prove.   c.       The defendant adopts where appropriate the abbreviations and terms in the Particulars of Claim for convenience only and without making any admissions thereby.   2.      The defendant admits paragraph 3.1 of the claimants claim.   3.      The defendant denies paragraph 3.2 of the claimant's claim. The true agreement between the parties involved the defendant and claimant agreeing that the claimant would undertake building work (Project 1) at the defendant’s property in relation to 3 specific areas. These were; and named Project 1   a. To underpin the bay window at the property, b. To repair a previously-removed chimney breast and, c. To install a new beam to the patio door.   4.      During the process of the contract agreement above   Subsequently the claimant was also engaged on further work to do the attached on 07/09/2020 for a total amount of £2,580.00 called (Project 2).   5.      In relation to the installation of a new beam and the above this work was agreed between the parties  It was agreed between the claimant and the defendant that Project 1 was to be carried out under the instructions of a structural engineer engaged by the defendant. It was agreed between the parties that the claimant's work would be as a result of instructions received following the structural engineer's assessment of the property.   6.      Between June and July 2020 the defendant provided the claimant with a full copy of the structural engineer's report which detailed instructions to the claimant for the works to be carried out.   7.      It was agreed between the parties that the works would commence on 13/08/2020.   8.      It was agreed between the parties that the total sum for the completion of all the claimant's work regarding Project 1 would be £4300 called project 1.   9.      It was agreed between the parties that the claimant’s fees for the work would be paid through three instalment payments. The first payment would be made at the start of the claimant's work. The second payment would be paid at the halfway point of the claimant's work. The final payment would be made on completion of the total works. As such three payments were to be made each of £1433.33.   10.   The builder arrived at arrived at work at 2pm on 13/08/2020 when a contract agreement was drawn up. A cheque for the first payment was issued on the day and he worked for two hours.   11.   On 24/08/2020 the builder approached me to book an appointment with the building inspector to inspect his work as the work was approaching midway and he would need the mid-way agreement money, I obliged and a second cheque was issued. He had carried out about 25 hours of work time in the property, attached is my diary of his work. The appointment was confirmed with the building inspector and builder the informed.   12.  The building inspector showed up and but the builder, having promised to be there, was absent.  The inspector walked around inspecting inspected the builder’s work and making comments in anger was obviously displeased by the standard of work.  I called the builder and pass the phone to the building inspector.  All I heard from the inspector was “Do you know what you are doing", repeatedly, “why are you not here you knew I was coming?” followed by describing the mode of doing the work to him. After the conversation with the builder he then asked me for a piece of paper and he started to explain the process which might be useful to the builder when he came.  The inspector spoke to the builder by telephone, asking him why he was absent and questioning him about the work he had done.  The inspector then gave him some instructions over the telephone also and left a list of instructions with the defendant to be passed on to the builder.  The building inspector then said he would be getting in touch with the structural engineer with his findings and the defendant should hear from the engineer soon.   13.   The builder came late that afternoon and I handed him the paperwork given by the building inspector and the builder assured me he would sort it out, that he now had an idea how to go about it, to which I said the inspector would communicate with the structural engineer who would be contacting us so he should wait and he agreed.   14.  The structural engineer visited and recommended piling to complete the underpinning.  The builder then said that he did not have the appropriate tools for piling.  It was suggested to him that tools could be hired, but he did not respond. “But you can hire them most people do.” There was no answer. The structural engineer then introduced another tradesman who was able to do it for £3,000.00 and I paid the that tradesman to do the piling.   15.    The defendant explained to the claimant that that £3000 would have to be deducted from the agreed price for Project 1 as that work had originally been agreed in that project.  I then turned to my builder after payment that you are now £3,000.00 in deficit but we will sort this out after the rest of the work is complete.  [Is all of that true?  I don’t know.  Is there evidence it was included in Project 1?]   16.  On 02/09/2020 he the claimant asked for more work to cover his losses having paid lost the £3,000.00 for underpinning to another tradesman.  I agreed and I asked him to price the job. His quotes were outrageous.  Little did he know that I had had quotes from other people and the internet.  e.g. he quoted me £1800.00 to plaster three rooms as against another plasterer who quoted £850.00. When I showed him the plasterer's quote, he was not shocked, I told him that, because he was on site I would pay him £900.00 final and he accepted. See attached builder quote for Project 2.  [I think that is all waffle and I don’t understand it]   16.  The claimant asked if the defendant needed any more work to be done and, despite the problems encountered on Project1, the defendant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580.   17.   For this reasons the builder was able to obtain a second contract from me for the amount of £2,580.00 signed on 07/09/2020 which I called Project 2, being, I believe the only way I could compromise the £3,000.00 paid to the tradesman. Again the contract agreement was identical to the initial contract for £4,300.00 (Project 1).   [I don’t understand this paragraph.  Delete it?]   18 17.  Both the initial project 1 and project 2 started to go badly and I made several complaints to him, e.g. bad pointing.  His response was all it needed was a good wash down and this bad pointing remains so to date not washed.  As work commenced on Project 2 and continued on the remaining work for Project 1, the defendant had occasion to make several complaints to the claimant regarding the standard of work   19.  18.  Around 15/09/2020 barely a week the builder had got the project 2 job, he was trying to ask for money for project 2.  Barely a week after starting on Project 2, the claimant demanded payment.  After a period of negotiation I agreed to pay him £2000.00 on 18/09/2020.    20.  On 18/09/2020 I handed a cheque for £2,000.00 to the builder.  He insisted on payment in cash even though my previous two payments had been by cheque.  I was only able to withdraw £1500.00 which I paid him.  The atmosphere was extremely hostile and under a steam of pressure I mistakenly wrote that the contract was agreed as £2,800.00 instead of £2,580.00.  However, balance at completion was correctly indicated at £1080.00.   [Way too complicated to follow.  Delete?]    19.  I paid the claimant £1500 in cash.  We agreed that this left a balance outstanding on Project 2 of £1080.   21.  We both signed the contract.  The builder left.  Later we saw the builder and his colleague on my CCTV camera walking away with my steel beam that had come off lintel. When I rang him and told that I had seen him on CCTV he admitted what he had done. I have now included the cost of the pair of the steel beam in my schedule of loss.  He charged me for work during which he stole my material to do the work without refunding the material used. This was the beginning of my dissatisfaction with the builder.   20.  It came to the defendant’s attention that the claimant had removed material (including a steel beam) from the defendant’s property that the defendant is clear either belonged to the defendant or had been paid for by the defendant in connection with Project 1.  When challenged the claimant admitted he had done this.  The defendant has included the value of this material in his counterclaim detailed below.   22.  21.  On 21/09/2020 I highlighted and sent a snagging list to the builder.  On 26/10/2020, he sent somebody to my house to clean up plaster damage to the wall and to the living room laminated flooring almost four weeks since he had last worked on the house.  The person he sent made a mess of the job.  I then updated the snagging list and gave a copy to his colleague who was doing the cleaning to give to him and emailed him a copy and sent copies by post to his address.  Over a month later he sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant   23.  22.  The next contact with the builder was on 12/01/2020 when I saw a note on the door demanding  he demanded 2,800.00. to which I immediately responded in my letter dated 17/01/2021 for asking him to explain how I owed the that amount as all that had been agreed as outstanding on Project 2 was £1080. so that I can deal with his claim. As I had no response from him on 05/02/2021 I sent him a recorded delivery pre-action notice.   24.  23.  The claimant builder then acknowledged my pre-action notice by sending me notice to pay pay £2,866 by 26/02/2021 otherwise he would take me to court. I therefore waited for his court claim to defend and counterclaim.   25.  The builder's court notice arrived and this was the beginning of assessing the cost of the damage and uncompleted work by the builder, by inviting tradesmen to come to the property to assess and give me quotes. More information was also sorted from the internet. Where I am not able to get accurate information or tradesmen to give me a quote I have left it as blank or TBA (to be assessed) on my schedule of loss, attached to this statement.  [Is this relevant here  Delete]   24.  For the above reasons the defendant denies the claimant’s claim and seeks to make the counterclaim detailed below.   [Does that seem right?  I don’t know?]
    • Go ring the court. Have they paid rhe fee yesterday?? What date is the hearing?    
    • Should there be a word in front of possible, Simeon? I'm not sure what you're asking.    HB
    • Search using our enhanced google search box Prescribed terms   Pers id simply now totally ignore Philips. They are nothing but scammers. Not one thread involving them here has ever gone anywhere. Dx
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Sainsbury CCJ - old credit card debt - need to set aside.


Axiom99
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Could anyone help me with this problem please.

I received a Claim Form for a Sainsburys debt in November and managed to find a solicitor who agreed to defend me on a no win no fee basis ( I had already had an audit done on the agreement and there were breaches in it.

The solicitor prepared a defence for me and told me they had submitted it to the court.

In January I received notification that the defence had not been received in the required time period and therefore a judgement had been granted in default.

I immediately informed the solicitor who has prevaricated using various excuses and has now declared that I did not give them enough time to submit the defence in the first place( I dispute this ) and they therefore want me to agree to pay them 500 quid plus VAT to apply for the set aside.

I have spoken to the Court and they have informed me that they have never received the defence even though I have a copy of the defence sent to me by the solicitor and written confirmation that they sent it to the court via the Document Exchange system.

I have asked the solicitor to furnish me with all details of the delivery of the defence to the court but no response.

As I understand it if the defence had arrived a day or two late (instead of never) there would still have been a good chance of avoiding a judgement in default.

I am thinking I will now have to apply for the set aside myself which I beleive is a form N244.

I am wondering whether to quote the problems with the solicitor in my mitigating circumstances as well as the original defence the solicitor prepared for me which was that the agreement did not comply with prescribed terms CCA 1974.

Any help would be appreciated as the casehas been moved to my local court for enforcement

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Hi you need to post on the repossession thread and try and get ELL-enn to help you .She is brilliant with this .You can download the N244 form and enter it to the court yourself.Costs £35.00 .I did exactly that last month and Ellen helped me with the form.

Good Luck and try not to worry you will find help on that thread

SSBJHAM

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Hi you need to post on the repossession thread and try and get ELL-enn to help you .She is brilliant with this .You can download the N244 form and enter it to the court yourself.Costs £35.00 .I did exactly that last month and Ellen helped me with the form.

Good Luck and try not to worry you will find help on that thread

SSBJHAM

 

SSBJHAM thanks for that I will post on the thread you suggest,I guess really what I was wondering is if I could use the failure of my solicitor as an argument to have the judgement set aside.

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Could anyone help me with this problem please.

 

I received a Claim Form for a Sainsburys debt in November and managed to find a solicitor who agreed to defend me on a no win no fee basis

( I had already had an audit done on the agreement and there were breaches in it.

The solicitor prepared a defence for me and told me they had submitted it to the court.

 

In January I received notification that the defence had not been received in the required time period and therefore a judgement had been granted in default.

I immediately informed the solicitor who has prevaricated using various excuses and has now declared that I did not give them enough time to submit the defence in the first place( I dispute this ) and they therefore want me to agree to pay them 500 quid plus VAT to apply for the set aside

 

I have spoken to the Court and they have informed me that they have never received the defence even though I have a copy of the defence sent to me by the solicitor and written confirmation that they sent it to the court via the Document Exchange system.

I have asked the solicitor to furnish me with all details of the delivery of the defence to the court but no response.

 

As I understand it if the defence had arrived a day or two late (instead of never) there would still have been a good chance of avoiding a judgement in default.

I am thinking I will now have to apply for the set asidemyself which I beleive is a form N244

 

I am wondering whether to quote the problems with the solicitor in my mitigating circumstances

as well as the original defence the solicitor prepared for me which was that the agreement did not comply with prescribed terms CCA 1974.

 

Any help would be appreciated as the case has been moved to my local court for enforcement

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Hi,

 

This would be a valid reason in light of the documentation you have which can prove this.

 

I would recommend representing yourself in this situation with CAGs help - no need to hire solicitors who probably do not know half as much as we do ;-)

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sounds like you got yourself a good solicitor then!:eek:

 

I received a Claim Form for a Sainsburys debt in November and managed to find a solicitor who agreed to defend me on a no win no fee basis - did you get a contract or sign anything?

 

( I had already had an audit done on the agreement and there were breaches in it. - breaches in it? could you explain?

 

The solicitor prepared a defence for me and told me they had submitted it to the court. - when did you receive a copy/ notification of the supposed defence?

 

In January I received notification that the defence had not been received in the required time period and therefore a judgement had been granted in default.

I immediately informed the solicitor who has prevaricated using various excuses and has now declared that I did not give them enough time to submit the defence in the first place( I dispute this ) and they therefore want me to agree to pay them 500 quid plus VAT to apply for the set asidelink3.gif.:eek: are they having a laugh? no win no fee generally means that.... also, when you first saw the solicitor I'm sure that they were aware of the length of time they had to prepare and file a defence. I may be wrong, but I think the application is only around £75.00, so what's the rest of the money for?

 

I have spoken to the Court and they have informed me that they have never received the defence even though I have a copy of the defence sent to me by the solicitor and written confirmation that they sent it to the court via the Document Exchange system. -confirmation from whom?

 

I have asked the solicitor to furnish me with all details of the delivery of the defence to the court but no response. - I'm just guessing here, but it could be that they are pulling your plonker in the first place and so Cannot respond!

 

As I understand it if the defence had arrived a day or two late (instead of never) there would still have been a good chance of avoiding a judgement in default.:roll: probably though never guaranteed!

 

I am thinking I will now have to apply for the set asidelink3.gif myself which I beleive is a form N244link3.gif.

 

I am wondering whether to quote the problems with the solicitor in my mitigating circumstances tbh, that IS the reason you need it set aside... as far as you were aware everything had been done and filed.... as well as the original defence the solicitor prepared for me which was that the agreement did not comply with prescribed terms CCA 1974. - on this I would wait for advice from someone a little bit more experienced.... the defence they wrote for you may be of the same low standard as the service they have given you...

 

Any help would be appreciated as the case has been moved to my local court for enforcement

My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

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hunni2006 said:
sounds like you got yourself a good solicitor then!:eek:

Hi Hunni thanks for your post,answers to your questions.

 

The solicitor took the case on a no win no fee basis and said that they would send on the paperwork but I never received it.I believe however that there is an implicit contract on the basis that the solicitor prepared a defence and confirmed to me they had submitted it on my behalf.

 

As I understand it the CCA had improperly calculated APR figures in it which were in breach of CCA 1974.

 

Please bear with me regarding timeslines as they argue I did not give then enough time to submit defence.

 

23.11.2009- I received Claim Form from Northhampton dated 20.11.2009.As I understand it the time limit for the submission of the defence is 28 days after the date the claim form is deemed to have been served and the court has confirmed to me that is 5 days after the date on the claim form( I think it also said that in the notes on the back of the claim form).So I make it the last date for submission of a defence is 23.12.2009

 

9.12.2009- I sent attachments showing the CCA and claim form to the solicitors.

 

15.12.2009- Solicitors emailed me asking when was the time limit for the defence to be submitted( they have a copy of the claim form by this time wtf!)

 

15.12.2009- I email back saying that in my opinion it is 23.12.2009

 

16.12.2009- Solicitors email me saying that they will take on the case and start working on it as a matter of urgency and asking how soon can I get the documents to them.( I did not see this email until after office hours had ended).

 

17.12.2009-I phone solicitors and it is agreed between us that due to concerns about Xmas post I will hand over documents earliest I can meet their man which ends up being after office hours on 18.12.2009.He tells me he will hand over the form to their chief litigator first thing on 21.12.2009.

 

21.12.2009.-I call their office and their litigator has the form and other documents.

 

22.12.2009- Solicitor sends me an email after close of business with a copy of the defence and saying that it has been submitted to the court via the document exchange system which means it will be there first thing 23.12.2009 and pointing out that the last date for the submission of the defence was 18.12.2009 but not to worry too much as if there is a judgement in default the litigator says it will be ok as he will apply for set aside.

22.12.2009- I email back pointing out my previous opinion regarding final date for submission of defence.

 

Good point about the 500 quid I guess that they must be tight for cash !

As I said before have spent months trying to get the solicitor to sort this then finally last week I call the court and they tell me they have never received the defence- surely there must be some system that records documents sent via the document exchange?

 

So from what I can gather I should not refer to the defence they have produced( good point it may be a load of crap) and submit N244 on the grounds that I understood a solicitor had submitted a defence for me.

That being the case could you please elaborate upon how I should complete the following sections from the form.

 

3.What order are you asking the court to make and why?

 

4.Have you attached a draft of the order you are applting for?

 

5.Presumably I should ask for this to be dealt with at a hearing

 

6.How long will the hearing last?

 

 

7.

Give details of any fixed trial date or period

8.

What level of Judge does your hearing need?

9.

Who should be served with this applicatio

 

 

 

10.

What information will you be relying on, in support of your application?

the attached witness statement

the statement of case

the evidence set out in the box below

 

 

I guess the statement of case is 'my solicitor cocked it up' and the evidence would be a print out of all the emails I have mentioned.

 

Cheers :)

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Hi Hunni thanks for your post,answers to your questions.

 

Hi Axiom, I will do what I can to help, but am not by any means an expert in this:oops: I think you've had a raw deal from this solicitor tbh and he seems to have made things far more complicated and expensive for you from the off!

 

The solicitor took the case on a no win no fee basis and said that they would send on the paperwork but I never received it.I believe however that there is an implicit contract on the basis that the solicitor prepared a defence and confirmed to me they had submitted it on my behalf. ok, so no paperwork on that one.

 

As I understand it the CCA had improperly calculated APR figures in it which were in breach of CCA 1974. could you post your agreement up here? make sure to remove all personal details if there are any

 

Please bear with me regarding timeslines as they argue I did not give then enough time to submit defence.

 

23.11.2009- I received Claim Form from Northhampton dated 20.11.2009.As I understand it the time limit for the submission of the defence is 28 days after the date the claim form is deemed to have been served and the court has confirmed to me that is 5 days after the date on the claim form( I think it also said that in the notes on the back of the claim form).So I make it the last date for submission of a defence is 23.12.2009 did you acknowledge receipt online?.....see below, this is from a post from 42man on one of my own threads when I first received the summons...

 

Re: Cabot financila (Vanquis CC) court summons is it too late to use CCA 1974? The significance of the court is that with Northampton it is a bulk clearing centre for claims and can be done online....You must acknowledge the claim within 14 days of the date on the claim form - then if it is your intention to defend all then this must be stated, then you get a further 14+3 days in which to submit your defence....

so I think tbh you may have been out of the timescales anyway...

 

 

9.12.2009- I sent attachments showing the CCA and claim form to the solicitors.

 

15.12.2009- Solicitors emailed me asking when was the time limit for the defence to be submitted( they have a copy of the claim form by this time wtf!)

 

15.12.2009- I email back saying that in my opinion it is 23.12.2009

 

16.12.2009- Solicitors email me saying that they will take on the case and start working on it as a matter of urgency and asking how soon can I get the documents to them.( I did not see this email until after office hours had ended).

 

17.12.2009-I phone solicitors and it is agreed between us that due to concerns about Xmas post I will hand over documents earliest I can meet their man which ends up being after office hours on 18.12.2009.He tells me he will hand over the form to their chief litigator first thing on 21.12.2009.

 

21.12.2009.-I call their office and their litigator has the form and other documents.

 

22.12.2009- Solicitor sends me an email after close of business with a copy of the defence and saying that it has been submitted to the court via the document exchange system which means it will be there first thing 23.12.2009 and pointing out that the last date for the submission of the defence was 18.12.2009 but not to worry too much as if there is a judgement in default the litigator says it will be ok as he will apply for set aside.

22.12.2009- I email back pointing out my previous opinion regarding final date for submission of defence.

 

Good point about the 500 quid I guess that they must be tight for cash !

As I said before have spent months trying to get the solicitor to sort this then finally last week I call the court and they tell me they have never received the defence- surely there must be some system that records documents sent via the document exchange? I would certainly have thought so... you mention written confirmation in your earlier post, was that just the solicitor writing to you confirming it had been sent?

So from what I can gather I should not refer to the defence they have produced( good point it may be a load of crap) It may also be good... I just don't know as we haven't seen it! what I would do is post the defence up here, Again make sure you remove any identifying info.

The chances are that the defence was not comprehensive at this stage, because once a claim is defended, the case is generally moved to a court local to you, and there are more stages to go through and lots more filing before you get to a hearing... my case has been going on since last may and is still ongoing!

 

and submit N244 on the grounds that I understood a solicitor had submitted a defence for me. well words to that effect... I'd say something along the lines of you had engaged a solicitor to defend the claim on your behalf and you had been informed by them that the defence had been submitted to the courts, you were unaware that this was not the case until the judgement in default arrived, and would therefore like to apply to have judgement set aside in order to defend the claim.

 

but first... before you spend any money... make sure you have a case that you can defend. post up the agreement and the particulars of claim on the claim form, and I'll flag this thread up and ask someone on the site team to look in, you'll get lots of help on here.:D

 

That being the case could you please elaborate upon how I should complete the following sections from the form.

 

3.What order are you asking the court to make and why?

 

4.Have you attached a draft of the order you are applting for?

 

5.Presumably I should ask for this to be dealt with at a hearing

 

6.How long will the hearing last?

 

 

7.

Give details of any fixed trial date or period

8.

What level of Judge does your hearing need?

9.

Who should be served with this applicatio

 

 

 

10.

What information will you be relying on, in support of your application?

the attached witness statement

the statement of case

the evidence set out in the box below

 

First let's make sure you're not wasting money and have a case, then we'll know what to put on the form.:rolleyes:

 

I guess the statement of case is 'my solicitor cocked it up' and the evidence would be a print out of all the emails I have mentioned.:D lol

 

Cheers :)

 

sorry I can't be more help:oops:

My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

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Hi Axiom

 

Looks like Hunni's been giving you some good advice.:)

 

As well as the agreement can you post up Sainsbury's particulars of claim please.

 

You've got 2 issues to deal with here, and I would say the court judgement is the most urgent.

 

The second issue is the NWNF solicitors. I'm very surprised that a law firm has taken on a case without a written contract.

 

If they sent the document by DX I would have thought that it would be traceable. Ask them to confirm that it was sent by this method. If it was sent securely it should have been signed for, so if your defence has gone astray I would expect the solicitor to be taking the DX company to task over this.

 

It seems odd that on the one hand they claim to have sent the defence, and on the other are saying they didn't have time to deal with it. It can't have been both.

 

Just as a precaution, I suggest that you check your solicitor on the law society site.

 

The Law Society - Find a solicitor

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hunni,

Thanks very much for your help it is much appreciated will get to work on the posting of agreement etc,have not done this before so bear with me.

I sent my acknowledgement of service form by recorded delivery on 7.12.2009,as I understand it I had 14 days after the date of service of the original claim form,ie

20.11.2009 plus 14 plus 5 = 9.12.2009.

On the acknowledgement of service form it says

"If you file an acknowledgement of service but do not file a defence within 28 days of the date of service of the claim form judgement may be entered against you"

By my reckoning that means the defence had to be submitted by :

20.11.2009 plus 28 plus 5 for service = 23.12.2009.

Will work on documents required and get back asap.

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Thanks Caro,

I am working on the document side of things

,bit of a task for me not very IT literate.

 

The solicitor has confirmed by email in December the documents were sent by DX but since I started to query them and ask for details they have just stopped replying.

 

When they told me by email they had sent the defence they voiced their opinion that the date for the defence had already been and gone but they said it wasn't a problem they could apply for a set aside.

 

I immediately replied to them with my opinion that it was not too late to submit the defence and still believe that if the defence had been received by the court when the solicitor said it was there would have been no problem.

 

I have asked them to investigate circumstances regarding delivery of defence but its all gone quiet no reply to my enquiries except to ak for 500 quid plus VAT to submit set aside forms.

 

I have checked them on Law Soc website and they seem legit :confused:

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Did you ever get a contract from them?

 

I would suggest that you phone the Law Society and ask their advice on this. I've found them very helpful in the past.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Did you ever get a contract from them?

 

I would suggest that you phone the Law Society and ask their advice on this. I've found them very helpful in the past.

 

 

Right at the start they said they would send me a contract but due to urgency would get on with it and send contract later but it never showed up.

Will contatc LS for advice

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feared that might happen don't know why the attachments are so small any help with uploading documents?

 

They are jpegs between 1.0 and 1.5 mb

Edited by Axiom99
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What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Caro, thanks for looking in on this!:D

 

axiom,

I found that using http://www.photobucket.com to upload your images is easiest....

 

once you have opened an account you upload your pictures, (which is dead easy, even for a technophobe like me!) and then each picture has a list of links for you to share the image, just copy the link for direct link and then when you are posting it up on here you click the icon for posting a picture and paste the link in that... then hey presto, we have a full size document!

 

Failing that, have pm'd you, will help with getting the docs up if you are still struggling.;)

Edited by hunni2006
added more!

My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

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no worries, got your email & I'm on it!

 

 

Sainsburys.jpgSainsburys1.jpgSainsburys2.jpg

 

Agreement101.jpgAgreement101.jpglink to the agreements.... ( 4 further pages of the first agreement and all 8 pages of the 2nd agreement)

 

Agreement101.jpgAgreement101.jpgAXIOM pictures by hunni2006_photos - Photobucket

 

and below is the defence....

 

Quote
IN THE NORTHAMPTON COUNTY COURT Claim NO ************

BETWEEN

SAINSBURY’S BANK PLC

Claimant

PART 20 DEFENDANT

and

**************************

Defendant

PART 20 CLAIMANT

DEFENCE AND COUNTERCLAIM

DEFENCE

1. The Defendant admits and avers that the Claimant is a finance house providing credit facilities and ancillary financial products primarily to individuals for non--business purposes.

2. On a date prior to 7 April 2007 (for the purposes of section 127 (3) of the Consumer Credit act 1974, the Defendant was interested in obtaining credit facilities and entered into a credit card agreement with the Claimant (the „agreement‟) which was regulated by the Consumer Credit Act 1974 (the „Act‟). The Defendant further contends, to the best of his recollection, (for want of a better documentary information at the retained by himself or provided by the Claimant) that the date of the agreement was before 31 May 2005 (four purposes of the Consumer Credit (Agreements) Regulations 1983; as amended by SI 1984/1600, SI 1985/666, SI 1988/2047, SI 1999/ 3177, SI 2001/3649).

3. The Claimant has provided an unexecuted standard form terms and conditions. The Claimant has not provided a copy of the original credit agreement between the Claimant and

Defendant as required under Section 78 of the Act. The Defendant contends, in the premises and in any event that the documents supplied by the Defendant has failed to comply with sections 61 (1) (a) and (b) of the Act breaches whereof are irremediable.

4. In the documentation provided by the Claimant the Apr and interest rates referred to are given exclusive of any charges. This does not provide the Defendant with a true reflection of what he has to pay over the course of the agreement and as a result is misleading. The Defendant has noted the comments of the Office of Fair Trading on this point who state that the purpose of the APR in a credit agreement “is to express the Total Charge for Credit as a standard measure borrowers can use to compare the credit charges under one deal with another” whatever the method of charging is used.

5. Notwithstanding its failure to demonstrate a validly executed agreement fully compliant in all material respects with the Act and other regulatory provisions, the Claimant has sought to enforce the agreement. In particular:

(1) Charging interest and default charges to the account;

(2) Issuing proceedings for recovery of money, interest and default charges.

 

6. In the premises, more particularly in the absence of disclosure or production of a validly executed agreement fully compliant in all material respects with the act and other regulatory provisions, the Claimant, by virtue of section 61, 65, and 127 of the Act, is barred from enforcing the agreement and the Court is obliged by operation of law to dismiss any application to do so.

7. In the premises, the claim is liable to be struck out.

8. Further or alternatively, the Defendant of is that by reason of the matters set out above the relationship between the Claimant and the Defendant arising out of the agreement is unfair to the Defendant for the purposes of section 140A the Act.

9. The Defendant reserves the right to plead further upon receipt of further documentation from the Claimant.

10. Save as is hereinbefore expressly admitted, the Defendant denies each and every allegation contained in the Particulars of Claim as if the same were set out herein and specifically traversed.

COUNTERCLAIM

11. The Defendant repeats paragraphs 1 – 10 of the Defence above.

12. In the light of the Claimant‟s default in responding to a statutory request under Section 78 of the Act to provide the Claimant with a true copy of the executed agreement, and without conceding or admitting that the same was ever created or continues to exist, the Claimant seeks an order for delivery up of a true copy of the executed agreement.

13. Further or alternatively, in default of delivery up of a true copy of the executed agreement, the Claimant seeks a declaration that the agreement is unenforceable.

14. Further or alternatively, the Defendant seeks an injunction to restrain the Claimant from reporting the Defendant to any credit reference agencies in respect of any past, present or future breach of the agreement and ordering the Claimant to rescind any prior report of any alleged default on the part of the Defendant to any credit reference agency; whether under section 140B of the Act or pursuant to the Court‟s equitable jurisdiction.

AND the Defendant counterclaims

(1) An order for delivery up of a true copy of the executed agreement.

(2) A declaration that the agreement is unenforceable as aforesaid;

(3) An injunction to restrain the Defendant from reporting the Claimant to any credit reference agencies in respect of any past, present or future breach of the agreement and ordering the Defendant to rescind any prior report of any alleged default on the part of the Claimant to any credit reference agency

(4) Further or other relief

Dated this 22nd day of December 2009

……………………………………………………………………………

REFERENCE: ********************** Statement of Truth

The Defendant believes that the facts stated in Defence and Counterclaim are true

Signed Position or Office held (if signing on behalf of firm or company)

Date

 

 

was there any explanation as to why you got 2 agreements in response to your CCA request?Agreement103.jpgAgreement101.jpg

My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

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I'm no expert, but I certainly can't see any space for signatures on what has been posted so far so I don't know where you would have signed it.

 

There seem to be a couple of pages still not posted.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I'm no expert, but I certainly can't see any space for signatures on what has been posted so far so I don't know where you would have signed it. me neither!

There seem to be a couple of pages still not posted. oops! lol, there were that many I didn't want to make the post too long! the rest of the docs are posted up on photobucket... and I've labeled them either 1 or 2 with a page number to identify the 2 different agreements...

 

hth

My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

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Doh. Thanks Hunni. Good thing someone's on the ball!!:p

 

Take a look at this informative thread and see what you think.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html#post1747470

 

I notice that your solicitor was suggesting a counterclaim. If you are thinking of going it alone now, you should bear in mind that you will need to pay a fee for this. I would have thought that draft directions at the Allocation Questionnaire stage would cover the items in the counterclaim.

 

Obviously they're the legal experts so please bear this in mind when deciding what action you should take.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • dx100uk changed the title to Sainsbury CCJ - old credit card debt - need to set aside.
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