Jump to content


  • Tweets

  • Posts

    • I see the Brexit-ish are again delaying  implementing their 'grate deal' 'protecting the UKs borders' that they pressed through with the wholehearted support of MPs like smugg - who is now one of the main moaners saying this inflation raising and business destroying 'great deal'  shouldn't be implemented. Of course 3 of the benefits of NOT implementing the Brexitish grate deal as the Brexitish negotiated are:   1. Less UK businesses will collapse 2. UK inflation NOT increased by 0.6% (hence fiddling the figures to us scraping NOT being in a Brexit generated recession) 3. The problems will be dumped in labours lap after the GE   "Analysis by specialist credit insurance firm Allianz Trade said the removal of tariffs on the goods would reduce inflation by 0.6 percentage points, and cut import costs by close to 7 billion pounds ($8.8 billion) in nominal terms."   reuters.com WWW.REUTERS.COM     https://www.reuters.com/world/uk/uk-economy-grows-by-01-february-2024-04-12/   Rees-Mogg warns post-Brexit border charges could be inflationary WWW.THELONDONECONOMIC.COM According to reports, Britain faces a £2 billion post-Brexit bill on European food imports from the end of the month.  
    • Thank you . Please stand by for a reply later on  
    • Sorry just get worried that they will make my life harder than they already have lol   Bought the car around 12th Sept 2022 for £78,000 from clinkard cars.   Performance, Prestigious and Specialist cars in Romsey, Hampshire | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire Was a 2019 Range Rover with 25k miles, £20k deposit at £750pm pcp over a 4 year period.   Finance company are alphera (bmw finance) spoke to them in October 2023 about the damage my bodyshop advised me of but they told me to deal with the dealership. Paid for the repair myself as I was told the extended warranty I paid for (recommended through dealer) wouldn't cover it as it was an existing fault and not mechanical breakdown. When I got the £40k offer from the dealership they still didn't want to get involved unless I got an independent inspection done. Used Elite Forensic inspections as they seem highly rated online (more comprehensive than your average AA inspection). I just looked online for thr best inspections for customers eho hsbe alre purchased the car. Their report was super comprehensive over like 50 pages of text and photos. Comparisons to the advert photos against what the inspector saw made in clear that the damage was before I purchase it. Got the report back 10th Jan 2024 and couldn't believe that they'd picked up the level of accident the car had been in and raised an official complaint through Alphera, they couldn't come to a decision with 8 weeks so raised with FOS. Around the 7th March 2024. Small issues started within the first week of purchasing like ambient light not working on the side the car was hit and car randomly switching off completely when I'd stop at traffic lights/junctions. Dealers eventually got this sorted which I appreciate, but doesn't change the fact that they didn't check the car as well as I'd been told it had been checked and they'd sold me an accident repaired car and initially tried to say all cars have had paint due to stone chips etc. Also turns out the car had only had 1 service before I serviced the car in mid 2023 (when the service light came on the car).   So far Clinkard have had my car for nearly a month (so my wife and I hsve had yo share cars since), they've said we've taken the far to 2x garages so far to inspect it and got 1 more garage to take it to. Currently refusing to tell me what those 2 garages have said so far with the attitude of because you've gone through FOS we have to follow the correct channels and respond to the complaint through them which is quite annoying.
    • This has been playing on my mind a little so been reading. Am I right in saying that if the original debt was regulated under the CCA and below 25k they can't use HCEO? 
    • Thank you, I appreciate your response! Just written a CCA request. Will send that to Cabot tomorrow with the £1 postal order. Should I send it recorded delivery? Trying to work out the best address to send it to as there are two online addresses.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Urgent help needed had a claim form from northampton county court


getgoing
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4843 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Have today received a claim form for an alleged debt owing to capital one bank ?? with the defendant of benefit being capquet investments limited served by HL Legal & collections????

Confusing to say the least i have not had any contact from the above apart from this claim form.

Where an earth do i start ...My sir name is not even spelled correctly?? Please can any body help me try an unravel this mess ..I have never had to reply to a claim form before and havent got the faintest idea what to do next.

thanks in advance

getgoing...

Link to post
Share on other sites

  • Replies 112
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi,

Few things come to mind

1 is it your debt?

2 have you moved home?

3 If it is your debt, when was the last payment.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Im not sure with this one it could be an old debt and have moved home Nearly 5 years ago ...

Thats as far as i can go with the infomation im afraid aprat from the amounts and the alleged people its owed to because thats all the infomation i have on it and its what they have written on the claims form .

When i moved home all my previous debts ect were paid of ( at least i was under that impression) I have been registered at my new adress for the whole time i have been living here and would not have been hard to track down, should anyone have needed to

I have a date it was assigned to the claimant (cap 1) printed in the particulars of the claim section being towards the end of 2008 and that the claimant (cap 1) seeks interest pursuant to section 69 ect ect ...

My beef with this if cap one have had this suppossed debt for 2 years almost why have they not contacted me??? are they the legal owners of this debt i Have not received any defaults from anyone at all or any infomation to say cap 1 are the people i owe this debt to now... im not sure this is even my debt ...surname is spelled incorrectly on claim form.. who should i get in touch with and how?

thanks

Link to post
Share on other sites

Im not sure with this one it could be an old debt and have moved home Nearly 5 years ago ...

Thats as far as i can go with the infomation im afraid aprat from the amounts and the alleged people its owed to because thats all the infomation i have on it and its what they have written on the claims form .

When i moved home all my previous debts ect were paid of ( at least i was under that impression) I have been registered at my new adress for the whole time i have been living here and would not have been hard to track down, should anyone have needed to

I have a date it was assigned to the claimant (cap 1) printed in the particulars of the claim section being towards the end of 2008 and that the claimant (cap 1) seeks interest pursuant to section 69 ect ect ...

My beef with this if cap one have had this suppossed debt for 2 years almost why have they not contacted me??? are they the legal owners of this debt i Have not received any defaults from anyone at all or any infomation to say cap 1 are the people i owe this debt to now... im not sure this is even my debt ...surname is spelled incorrectly on claim form.. who should i get in touch with and how?

thanks

 

 

 

Did you notify your creditors when you moved? How long have you been at your current address?

 

The misspelling isn't likely to be fatal to the claim.

Link to post
Share on other sites

Can you copy the POC please (either the details or scan the whole thing) Obscure any personal info, barcodes, any online passwords

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

can not scan im afraid... i will write everything down if you would like its literally only a few sentances as this is the only infomation i have .. so should surfaceagents20 cpr 31.14 request letter be my first response to these peole to find some infomation out about the claim...

With regards to notifying my creditors yes i did ... sold our house and made quite a tidy sum as we bought cheap and sold at the boom all creditors were paid off via our solicitor at the time of moving as we was able to do this and still have money left over for my new home, so thats why i questioned the spelling of the sir name it could be a different person, however dont want to leave it and get a default judgement on that premis so doing nothing is n ot an option. I really need the help with getting to the bottom of this and finding out the particulars of this claim from them .

Link to post
Share on other sites

sorry just to ask if im going to CPR 31.14 them am i correct in thinking i still need to do the acknowledgment of service

Can i do this online via moneyclaim and should i my response be

I Intend to defend all of this claim ...( if im not sure it is even a claim against me)

Also am i correct in thinking that day one of the service is taken 5 days after the printed date of issue on the claim form and thats when the 14 days to file a defence starts ticking.

Thanks once again

getgoing.

Link to post
Share on other sites

If the claim has come from MCOL then yes you can defend online. Until you know if this is your debt or not you must do so.

You have 33 days in total. 5 days for service, 14 days to acknowledge and then 14 days to submit your defence

 

You can use cpr 31.14 to get the documents they refer to in their POC (I believe)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

This claim form is an N1CPC Claim Form and was sent from Northampton CCBC i have been given a online password so presume i can still defend online im a little confused on what basis i should apply for this infomation as after going through other post with similar circumstances would the civil procedures letter be better as the first line of defence or CPR31.14(confused).

The whole debt is for less than £675 including court fee and the solicitors costs.

 

The particulars of the claim read as follows

 

Part only of the monies due under regulated Credit Agreement number ~~~~~~~

Between Cap 1 bank and the defendant

The benefit of which was assinged to the claimant on #/#/2008

The agreement terminated upon the defendants failure to comply with the terms of the agreement and/or the statutory notice of default served by capital one bank.

The Claimant seeks interest pursuant to section 69 of the county courts act 1984 at the rate of 8 % per annum from the date of issue contiuing at the daily rate of 0.07.

Any Payments or Queries should be directed to the claimant. on...ect ect

 

Claimants are capquest investments ltd

 

Adress for sending docs & payments....HL Legal & collections

 

This is all i have nothing else

so my question would be who do i ask for the infomationand what do i ask and from who... claimants solicitor (HL) who sent the claim form, or capquest?????

getgoing

Link to post
Share on other sites

You can ask for any documents referred to in their POC and the request goes to their solicitors (HL)

 

Any requests you make must be sent by Recorded Delivery at the very least (I recommend Special Delivery)

 

You are after:

Agreement

Default Notice

Deed of Assignment

Terms and conditions

 

I must say that I'm not too hot on court issues but I will keep an eye on this thread to see if any more experienced caggers come along

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Morning all could really use some help today as want to start making my way through this...

today i want to get the acknowledgement of service done, now should i do this online or by sending back the paper form i have witch is a N9CPC response pack also am i correct in thinking i intend to defend all this claim is the box i should be ticking ...

sorry im a little slow on the uptake its just i have today off of work and want to make sure i do everything properly and seen as i have not done this kind of thing at any other time i want to make sure its correct so that i dont shoot myself in the foot along the way by ticking or clicking anything i should not be.

Also is there a draft anywhere of the letter i should be sendind to to HL Legal & collections for the CPR 31.14 request.

Thanks guys

getgoing.

Link to post
Share on other sites

Morning,

Do you know what date you have to acknowledge service?

As the POC is from MCOL, you can acknowledge online but I would delay doing so until a couple of days before the due date. This gives you a little more time to do research as once you have acknowledged, you then have 14 days to submit your defence.

 

Here is a thread that explains a lot about cpr 31.14 & part 18 disclosure

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage&p=1707671&viewfull=1#post1707671

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Morning silverfox and thankyou..

Im not sure the link is correct.

Yes i think so as i understand it you add 5 days to the issue date (that was the 8th) so by my reckoning i make it i have till the 26th to do my acknowledgmentof service.

should i be sending out my CPr 31.14 before i have acknowledged or waiting for this to be done first..

sorry i am aware that im more than likely asking the most mudane questions but i am really that green concerning court claims so really need all the help i can get..

Also once i do the cpr31.14 request what are the things i should be looking for ect and what if they do not respond to my requests.

kind regards getgoing

Link to post
Share on other sites

does the link not work?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

The link works okay for me.

 

Getgoing - the CPR 31.14 request should go off to the claimant's solicitors right away.

 

You can check with MCOL when your due date for Acknowlegement of Service is and get that in a few days before it is due.

 

The time will rush by quicker than you expect, so try not to leave everything until the last moment. Give them a reasonable time to comply with the CPR 31.14 request, as in the template letter, and when they fail to comply, chase them up with furthe letter, informing them that their non-compliance is obstructing you from filing a defence. They should not be initiating proceedings without having a copy of those documents and so should be able to lay their hands on them and provide them on demand.

 

Keep an eye on your dates, don;t miss any deadlines and the very helpful Caggers on here will assist you through all the steps of what can seem to be a daunting procedure at first.

 

Most of all, read as much as you can to fully understand the arguments made, rather than relying on just reproducing the kitchen sink and not knowing which bits are applicable to your own case.

 

Best of luck!

Link to post
Share on other sites

Oh and be sure to keep copies of everything, take note with what this site says about signatures - the copy-protected signature option is a good one IMO - get proof of delivery for all correspindance, using Royal Mail signed for, recorded or Special Delivery lets you track delivery and provides proof of that. Keep all the envelopes and file them together with their contents so that you can locate it all when needed. It's also a good idea to write out a timeline with important dates on there.

Link to post
Share on other sites

thanks for the advice notasniceasjoe..

when you say i can find out the exact date for acknowledgment of service with the court can i also find that online as well or by phoning,and i have been looking at some similar cases currently on cag and am a little confused as some say to acknowledge as soon as possible then do cpr31.14 ??

also will H&L legal even reply to my CPr31.14 if i have not acknowledged previously? and should a copys of my request to them also be sent to the court on this basis (ie) awaiting on requested paperwork so i can submit my defence or am i jumping the gun a bit..

Thankyou so much

getgoing

Link to post
Share on other sites

MCOL try to encourage you to use the online help facilities, but I double checked by telephoning and speaking to a human being. In my limited experience the troops on the telephone are very helpful.

 

The Claimant's solicitors are required to comply with your CPR 31.14 request. If they ignore it or fail to comply then you will have a good reason to apply for having the claim struck out or stayed until they do comply. That is explained in the thread that silverfox linked to.

 

You should send a copy of that CPR 31.14 request to the court and, if they fail to comply, send a copy of any follow up letters to the court as well. You will want to be able to demonstrate the claimant's unreasonable behaviour in not complying with those CPR reqests.

 

Whatever you do, do not miss any deadlines for submission of acknowledgement, defence, allocation questionaires or anything like that. If you miss those deadlines you risk the opponent being granted a default judgement, which they rely on getting in a proportion of claims.

Link to post
Share on other sites

Thanks so much

Was a little worried that if you go on line with the password or telephone them about the claim that they may have taken this as an acknowledgment of service there for already starting the 14 days ticking for the defence but i guess not

getgoing

Link to post
Share on other sites

can anyone clarify for me please that if i go to the moneyclaim service and register online so i can deal with this claim and see if there is an official date for acknowledgment of service that i can do this with out starting the ball rolling and thaey wont set the clock for my defence as i want to draft the cpr31.14 first and send registered post

getgoing

Link to post
Share on other sites

Yes you can go online and read up on the claim and the explanatory notes from MCOL etc and you won't have "started the ball rolling".

 

You would have to take several active steps if you wanted to go all the way through to actually submitting your Acknowledgement of Service and ultimately your Defence, and will be notified of that during the process, so just logging on doesn't start anything important happening. You could not submit anything by accident.

Edited by Notasniceasjoe
clarification.
Link to post
Share on other sites

ok thanks just wanted to check that was the case thanks for being patient everyone its a bit daunting trying to get your head around it all...im presuming that sending the cpr31.14 request for info dose not admit acknowledment with the claim as well even though i would have written to them...(need to to find out what all this is) as you say i need it for my defence, so as much time as i can possibly get will be better in the long run.

thanks

getgoing

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...