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    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? Appreciate any assistance - Thanks for reading. Al.  
    • its not a good thing or a bad thing its ongoing. mines gone the same route. these new notifications are equally meaningless.
    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
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Default Judgement entered due to late return of AoS - whose to blame what to do


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Hi, it was suggested that I start this post off as a new topic. I have searched for but have not found, though I'm sure it will be here, advice regarding a County Court Claim form that I received after the 5 + 14 day. The dates concerned were the Issue date 27th August 2010 and date of receipt 18th September. I used moneyclaim to send an acknowledgement of service on the day I received the claim ie the 18th September. I called the court office in Northampton who stated that as my AoS was received after 19 days judgement had been entered against me and that it was an issue for me and the Post Office, perhaps true but not very helpful. My post is on redirect by the way but I'm led to believe that this should not cause a significant delay.

 

I am about to prepare a form N244 but require assistance from those more experienced with regard to my response. Is it sufficient just to state on the N244 that the claim form arrived late? I'm sure many people reply late either for many and various reasons but it does seem a rather lame excuse. I'm happy to add particulars of my defense as well but am unsure whether or not it's necessary at this stage. I have the envelope in which it arrived but there appears to be nothing on it that would indicate a date.

 

Any assistance would be gratefully appreciated.

 

Scrible

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There will be a bar code - which probably ahs the date hidden in it if it becomes a real issue. As I said on the other thread redirection should only add 1 day delay to the normal postal time - if it seems much longer then you should ask Royal Mail to explain - perhaps they can decipher the bar code and confirm actual date of posting?

 

Did they not know of your current address in any case? It seems to be a common ploy for some OC's and DCA's to deliberately send cpourt papers to an old address and get judgement by default. Which OC/DCA is it?

 

Good luck

 

BD

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BD - thanks , actually there is a bar code on the letter. Its a brown letter with a very faint light red bar code on the front. I would have missed it ordinarily. Regarding the new address yes they are aware of it but always send to my old address, it seems to have worked in their favour upto now. Its HFC/Restons.

cheers

Scrible

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Hi Scrible

 

You simply state that you wish to make application to set a side the judgment dated xxxxxx.The summons dated xxxxxx was AoS with an intention to defend dated xxxxx.The Claimant even though informed continually is insistent on using a previous address.

Had the Claimant posted the summons to the correct address as informed I would have received the claim on time and defended such claim.

 

Regards

 

Andy

 

PS make application without an hearing

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I didn't say that Scribe I told you what reason to use.

 

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 OTHER

 

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No problem - but this just shows how important it is to keep your wits about you at all times - and choose your words carefully. One slip and they've won. If in any doubt, run your exact words past us on your thread - but missing out anything that could identify you - no point giving them extra ammo!

 

Good luck!

 

BD-

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  • 1 month later...

Hi all.

It's been a while but I finally received a judgement regarding the set aside request. It states that I need to file at Court and serve on the Claimant a draft defence setting out in full why I dispute the claim..... Surely this is what I did with my N244 in the first place, or are they after more particulars/ evidence?

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The N244 was simply to have the judgement set aside, this does not act as or replace a formal defence, the setting aside of the judgement simply means it's as if the judgement were never ordered. you need to now to defend against their claim.

 

I am not an expert in this area, so please accept my help as general guidance rather than gospel

 

Look at their Particulars of their claim, do they fully disclose a reason and legal right to bring a claim against you?

 

Have they proven that they have a lawful assignment of your account?

Have theym proven that the amount they are claiming is correct

are there any charges or PPI included in the claim amount?

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I hope this is what you mean :-

 

The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 20/09/1994 in the sum of XXXX inclusive of interest to the date of this summons at 19.8% per annum from to.

 

PARTICULARS a/c no xxxxxxxx

DATE 11/08/2010

ITEM Default Balance

VALUE xxxxxxxx

Post Refrl Cr NIL

 

26/08/2010 Interest xxxxx

TOTAL xxxxxx

 

Together with:-

interest pursuat to contract at the rate of 643.68 pence per day to the date of Judgement or sooner payment.

 

Thanks for your help donkey.

 

ps HFC have confirmed that they are unable to supply me with a copy of their legal agreement.

 

scrible

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“The overdue balance”.

 

Are they claiming the whole amount?

 

You are now effectively starting from scratch.

 

Time to use CPR. Have a look here...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED

 

Get yourself up to speed on the use of CPR, then tell us a bit more about the history of the account as suggested, ie. did you receive default notices, when was it defaulted, how long since you made a payment, and previous correspondence etc.

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Thanks donkey, I have read the two threads but need a little time to digest and perhaps re read. My next hurdle is to supply the judge with a draft defence, setting out why I dispute the claim, 14 days prior to a hearing to determine if set aside can be obtained. Is this normal as I understood that the completion of the N244 was sufficient to grant set aside or not as the case maybe?

 

tia

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Hi guys

have read the cpr threads etc and am today trying to pull a defence together. For your info I did receive a default notice dated 11.08.2009 this would appear from what I can tell to be in order apart from how they have arrived at the either the credit limit or how the credit limit has been exceeded. The text of my draft is as follows

'I do not recall when or where I opened this GM credit card account. I do not recall receiving an agreement or what the opening credit limit was

However, I did utilise the account facility and I made regular monthly payments as required.

Following a change in my financial circumstances and subsequent conversations with various advice organisations I was advised to request details regarding all my finance accounts (overdrafts, mortgage, loans, credit cards etc)

With regard to HFC I requested a copy of my original agreement along with terms and conditions in order for me to assess my situation.

HFC/Restons/GM Card etc are unable to provide this and I therefore ceased payments inaccordance with the advice I received from various consumer organisations

Subsequently they(HFC/Restons/GM) have been advised that upon receipt of a (true) copy of the original signed agreement I will endeavour to restart payments within my budget as I have with other creditors who have provided copies of the original signed agreements. Todate they have been unable to provide the document

Therefore I request that the judgement be setaside until such time that a true copy of original signed agreement is produced.'

 

Can someone please review this - its my first draft and I need to know if I am heading in the right direction or not.

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