Jump to content


  • Tweets

  • Posts

    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Moved home and they were the current energy supplier  Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Changed supplier What was the date of your last payment? Never  Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
  • 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

MrFitz v First Direct ***WON***


mrfitz
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6409 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

I got the statements through without any problem (particularly enjoyed reading the notes). I've calculated the charges over 6 years and it amounts to over £5300 excluding interest.

 

First request for payment has gone in the post today...

 

Matt

 

First Direct: £6639.77 MCOL 09/10/06

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

Matt

 

First Direct: £6639.77 settled in full

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

Link to post
Share on other sites

  • 1 month later...

Just to update you - I received a very prompt, and very standard refusal to my first request. Followed this up with a Letter Before Action on 15th September. Again I got a very quick response saying no - and confirmation that this was FDs final position.

 

I waited 14 days and filed with Money Claim Online. This has now been issued to FD and they have 14 days to reply.

 

My total claim, including 8% interest and court fee is £6639.77

 

I'll keep you posted...

 

Matt

 

First Direct: £6639.77 MCOL 09/10/06

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

Matt

 

First Direct: £6639.77 settled in full

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

Link to post
Share on other sites

Good luck.

Just a bit of info i picked up today, DG's Deborah D'Aubeny is out of her office until the 16th of October.

She might just have a little bit of a backlog to dela with when she returns.....

I love the smell of banks coughing up refunds early in the morning

Link to post
Share on other sites

Nope - I haven't received any offer of settlement from FD. Only a flat refusal. So I'll have my day in court (or probably not).

 

Matt

 

First Direct: £6639.77 MCOL 09/10/06

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

Matt

 

First Direct: £6639.77 settled in full

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

Link to post
Share on other sites

FD acknowledged my claim on 17th October so they now have until 11th November to pay up or enter a defence.

 

I received a letter from DG Solicitors today - They are confident the charges are reasonable and would stand up to a challenge in court (oh yes?). However, because of management time yada yada yada they're offering £3319.89 (50% of my claim against First Direct) in full and final settlement.

 

I'll write today stating that I accept their offer as partial settlement but will continue to pursue First Direct for the balance of my claim, ie £3319.88. Of course, the timetable doesn't change - they still only have until 11th November to settle in ful.

 

I'll keep you posted.

 

Matt

 

First Direct: £6639.77 MCOL 09/10/06

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

Matt

 

First Direct: £6639.77 settled in full

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

Link to post
Share on other sites

Just for information, here's the text of my letter issued today:

 

 

 

 

 

 

 

Dear Sirs

 

Myself v First Direct

 

Thank you for your letter of xxxxxx in which your client offers £xxxx as settlement of my claim against them.

 

My original claim of £xxxx was issued by xxxx County Court on xxxxxx (Claim Number xxxxxxxx), deemed to be served on xxxxxx and acknowledged by your client on xxxxxx.

 

Whilst I am happy to accept their offer as partial settlement, I intend to continue with my claim against them and pursue them, through the Courts if necessary, for the full amount. Your client therefore has until xxxxxx to either settle my claim in full or file a defence, otherwise I shall ask the court to issue a Judgement by Default.

 

I look forward to hearing from you.

 

Yours faithfully

Matt

 

First Direct: £6639.77 MCOL 09/10/06

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

Matt

 

First Direct: £6639.77 settled in full

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

Link to post
Share on other sites

Re: MrFitz v First Direct

I went down the MCOL route following their initial refusals, and I too have received a letter from their solicitors offering me about 50% of my claim. I will be writing in much the same vein as yourself Mr Fitz. My claim is a lot less than yours, but I'm determined to see it through. I notice that they've put a confidentiality clause in their letter. Are they frightened of the rest of us finding out just how much they're paying out?

Link to post
Share on other sites

  • 2 weeks later...

I've won!

I received a letter from DG Solicitors on Tuesday last week offering the full amount. I deleted the confidentiality clause and sent my acceptance back same day. The money hit my account today - all £6639.77 - so just eight weeks from first request to payment.

Off to fill in the questionnaire, make a donation and start chasing some credit card companies.

Matt

 

First Direct: £6639.77 settled in full

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

Link to post
Share on other sites

Very nice mrfitz. Congratualtions!

The Consumer Action Group is a free help site.

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

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.

Link to post
Share on other sites

Well done mate dont forgrt us now you are rich.lol

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

Link to post
Share on other sites

MrFitz....was the letter sent to you by FD after your LBA one which stated a lot of contractual blurb....quoting Account Terms and Conditions (Part 2: Operating Your Account, Clause 6.9) which states blahdey blah. Also advice to contact the Ombudsman...?

 

Their reply seems a bit final and they categorically state that FD disagree with our contention that charges are unlawful.

 

Seems like a bit of a bog standard letter, but I just wanted to make sure we are all batting off a hymn sheet up a flag pole before I commence the post 14 day tirade.

 

Regards

 

Grab

Link to post
Share on other sites

Yep - sounds like the same letter. It's their standard response.

Matt

 

First Direct: £6639.77 settled in full

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

Link to post
Share on other sites

  • 2 weeks later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...