Jump to content
  • Tweets

  • Posts

    • Can you ask your GP to get a second opinion on the NHS?  (I ought to know because I'm a retired NHS manager, but worked in mental health where x-rays didn't really feature very much(!).)   Your GP may be reluctant for various reasons but you've got nothing to lose by asking.  Might be difficult if there's only one consultant in that specialty locally.   If that is a non-starter, you could ask your GP for a private referral if any of the relevant specialists run private clinics.  Your son'll get seen quicker and an initial private consultation shouldn't cost more than about a couple of hundred quid.  Then take it from there.   (Emphasise to your GP what your real concerns are and why you have them - even if it's just "I looked it up on the internet and it looks like this which can lead to serious complications.  What do you think?  I'm really worried...")   EDIT:  Just looked on my local NHS Clinical Commissioning Group website and searched for "second opinion" but nothing comes up...  I thought you were entitled to one - you'll have to ask your GP.  Or look on your own CCG site.  Oh - despite being a NHS manager I have paid to see a consultant privately.  £150 well spent - if you can afford it... which I appreciate not everyone can.
    • dont think they are even allowed to offer settlement by instalments, they are not creditors.   read the letter carefully and understand what it doesn't actually say....like the word WILL anywhere.   they,  a DCA, can't recommend anything and their client most certainly wouldn't have disclosed anything to a powerless DCA about what their solicitors might or might not have said to them. and ofcourse a solicitor is in no position whatsoever to suggest to their client they get back to the DCA and tell the DCA to tell you their client will accept instalments!   the letter is a load of ole BS that is concocted by the dca without any input or knowledge of their client nor their clients solicitor...   dx      
    • The paediatric orthopaedic consultant at the fracture clinic told us today that he believes it is just a sprain behind the knee. I'm concerned my GP will say something along the lines of, 'you have seen a consultant, he says it will heal in 2 to 3 weeks, you don't know more than him!', or something like that. It's just that I believe I can clearly see a fracture. And as there was no fall or hard knock, only a very tightly streched knee bending at an angle behind, with a load. I figured that the temdon must have pulled some bone up. And thats the injury I found online. I totally take on board what you are saying. You are correct. I guess I'll see what my GP says tomorrow, hopefully she allows me to email the images, if she doesent have access to them already. Thanks again
    • With the global market for recycled cardboard worth billions of dollars, it is attracting criminals. View the full article
    • UK house prices are predicted to fall but a report spells out why property may remain out of reach. View the full article
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
hopey7

DCA Claimform - old Cap1 debt claimant agreed reduced settlement but continued to get CCJ..**SET ASIDE**

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3439 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

On Aug 20 I returned a claim form, issued 6 Aug.

 

Due to inexperience I sent a CPR request on the same day by normal first class post.

Little wonder why I have not received a response to the request.

By my calculation defence should be in by 8 Aug (5+14+14).

 

Can I send another CPR request tomorrow by special delivery and phone the court to say that my initial request was sent by ordinary post and I did not receive a reply?

Any advice pls.

 

BTW, I returned the acknowledgment of service and the defence form as I am admitting part of the amount claimed.

Share this post


Link to post
Share on other sites

hopey what do you mean when you say you returned a claim form? can you give a bit more info what is the claim for is it a loan or cc 1 account or more.?

The CPR as you now realise should have been sent signed for, there is no reason not to resend but you will need to get a holding defence in by the 8th, why are you admitting part of the claim?

Karenza

Share this post


Link to post
Share on other sites

Karenza thanks for that.

Actually what I meant there was that I responded to a claim, by returning the AOS and the defence form. I admitted part of the claim because I agree that I owed some money but not the amount they were asking. This debt is CC debt on a Capital One card. I can see now that admitting part of the claim wasn't a good idea. As I said it's all novicey and inexperience. I am learning now though.

Share this post


Link to post
Share on other sites

hi hopey,

were all learning and the good people on here will help as much as they can, i take it you will send your recorded cpr request tomorrow? did you submit a holding defence/

karenza

Share this post


Link to post
Share on other sites

Yes, I will send another CPR request tomorrow, signed for.

What is a holding defence?

Share this post


Link to post
Share on other sites

I returned a Claim form where I admitted part of the claim.

I then sent a CPR 31.14 request to the claimant in order to defend the other part of the claim.

 

I then receive a letter from claimant making me an offer to settle.

The offer wasn't acceptable to me

I wrote back to make them my own offer.

They rejected my offer and days later CCJ arrives for the full claim plus cost.

 

Is this right?

No response to my CPR request and no opportunity to defend the other part of the claim.

 

I thought that if a CCJ was going to be issued, it would be for the amount that I had admitted.

 

Any thoughts please?

Share this post


Link to post
Share on other sites

Hello Hopey

 

As you gave a part admission to the claim, the claimant has secured a Judgment against you.

 

How long ago is it since Judgment was entered against you?

 

How much was the claim for and how much do you say was owed?

 

Can you please provide us with as much detail as possible on your case and that will help us to understand your case far better and advise you accordingly on what you can do about the situation.

 

Kind Regards

 

The Mould

Share this post


Link to post
Share on other sites

Thanks Mould.

 

Judgment was entered 8th Oct.

Claim was for £505.

I admitted to owing £156.

 

This was an ex-capital one account.

We agreed for me to pay £233 (apparently after they’ve dropped all their charges) by 3 instalments.

I made the first payment of £77.

The next payment was late but before I could pay it, a claim form arrived.

 

Looking back, I should have contested the whole claim.

After my part admission,

the claimant offered to settle for £380 but I offered £186 which they rejected.

Days later, judgment arrived for the full £505 plus £125 cost, total £630.

Share this post


Link to post
Share on other sites

Hopey

 

How late was you with that second payment?

 

Do you have a copy of the original credit agreement?

 

What about a copy of the agreed Settlement in three installments?

 

Was a Default Notice served upon you before the creditor commenced with proceedings?

 

Do you agree with their figure of £505.00?

 

Need some more details please to see if its worth making an Application to set aside the Judgment.

 

Kind Regards

 

The Mould

Share this post


Link to post
Share on other sites

I was late on the second payment by about 3weeks.

By the way this agreement was between me and the creditor (no court involvement here).

 

I don’t have a copy of the original Credit Agreement.

I only made a CPR request after admitting part of the claim but the request was not responded to.

 

I have a copy of the agreed settlement in three instalments.

 

A default notice may have been served 4 years ago.

 

I do not agree with their figure of £505.

Share this post


Link to post
Share on other sites

Thats why you must never make a partial admittance.Defend all and then plead your disagreement.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Having made the error, do I not get the opportunity to defend the other part of the claim?

Share this post


Link to post
Share on other sites

Just to update you guys on this thread.

 

I applied to have the judgement set-aside and WON.

 

The judge said that because the creditor had agreed to the reduced payment of £233 in three instalments, they should have been seeking judgement on the balance outstanding, which is £156 NOT the original figure of £505.

 

Claimant didn't attend court. The CCJ was set-aside and cost awarded against claimant.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...