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    • @Tom Price   Thank you for your note, which is very helpful.   Did VCS cite the following cases?   1. VCS v Ward 2. Semark Jullien   VCS threw the two cases to me in the last minute at my previous hearing. The judge accepted the extra WS and adjourned my case for me to read/defend it. My case is going to be held on 30th March.   Thanks!      
    • Hi,   So, I received a letter today from a debt collection law firm threatening CCJ action on behalf of Volvo/Santander for a voluntary termination of a vehicle. (I did request Volvo/Santander that a complaints procedure be started as I think the terms of the contract were miss sold but alas, they ignored me and went straight to CCJ action via a debt collection law firm!).   I digress, anyway, so the letter was addressed to me, it included my original signed contract, but, there was another document inside. This document was another hire contract with some other person details on it!   It includes:   Their full name Their address and postcode Their handwritten signature Their email address Their mobile telephone number Their debt amount Their vehicle registration    Is this a breach of the data protection act? On the flip side, my details could be in the hands of someone else, who knows?    What should I do now, is this a trump card that I could use if this matter does actually go to court? I did intend to argue against this debt in the first place.   Any advice on this would be most grateful!   TIA         
    • Hi guys   I received a county court claim form on Thursday dated 18/02/2021 saying that the claimant (CABOT FINANCIAL (UK) is claiming for the sum of £2140.14 on behalf of  NEW DAY LTD RE MARBLES. but it requests all documents to be sent to MORTIMER CLARKE SOLICITORS.   Now i think i did have a marbles card a while ago although my partner says that that was a capital one card.   But either way i don't like the idea of these parasites chasing me for money for a debt they probably bought for £10.    From looking around here it seems that i should be sending them a CCA request and a CPR 31.14.   I've bought a £1 postal order.   Is there anything else i need to do?   Thanks for any help given
    • Yes that is an absolute must. Generally the Council has no wish to see people committed to prison for Council Tax debt. They want to see the debt recovered where it is properly due and the debtor has the ability to pay. If he hasn't that ability they will take into account the debtor's financial situation and make any arrangements they can. But only a court can remit some or all of the debt. The more you engage with the Council the easier this will be.
    • I think you'd need to have formally noted you were working under protest at the time. 
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Help with County Court Claim Form


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Hi,

 

I have been conversing with Equifax over the last month regarding 6 defaults inaccurately placed on my credit file.

 

I have opened investigation with equifax, they have sent of to the companies to clarify that the data is correct, and on every occasion the reply (WITHOUT PROOF) from each company is ''The Data is correct please leave on file''

 

I asked equifax for proof of the signed agreement they should have received from the companies, default notices they should have received and proof I consented to having my data shared/processed.

 

I read somewhere that the CRA's need to make sure the data being passed to them by the companies are correct, and just receiving assurances that it is correct is not good enough.

 

I have told equifax that i am going to my local court on Monday 12:01pm if they have not removed the defaults by lunch time, to issue claims for each default to obtain an order to remove them.

 

I am not bothered about opening 6 different Claims in the small claims court, as I am on low income so am entitled to help with costs.

 

Question 1.

 

Should I start 6 seperate claims, or 1 covering them all.

 

Question 2.

 

Should I start 6 seperate for each CRA totalling 18 claims, or

 

3 Seperate claims one each for each CRA covering all defaults or

 

1 claim in total for all defaults with all cra's.

 

Question 3.

 

I have never started a claim in the small claims court before, would somebody mind running me through what I should do, and what I should put on the forms, as the forms I have looked at seem to all require me to put a figure in money down for how much I am claiming, when In fact i am after an order for the CRA to remove data.

 

 

Thanks in advance.

Edited by thepalace1
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I, unlike some others in this forum, actually think that your beef is with your creditors inaccurately reporting data to the CRA, rather than the CRA themselves.

 

the problem with suing the CRA is that you will automatically have to include the creditor, as the original data controller, as 2nd defendant. This could make your claims more complex and would certainly have an affect on costs, should you go on and lose, as you'll be funding 2x costs. (1 for each defendant)

 

I think the best approach, here, is to start a new thread on each creditor and outline the details of how you got here with each. It's no mean feat taking on this number of defaults at once, (I should know, I did about 9 all at once, so check out threads started by me)

 

HTH

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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I, unlike some others in this forum, actually think that your beef is with your creditors inaccurately reporting data to the CRA, rather than the CRA themselves.

 

the problem with suing the CRA is that you will automatically have to include the creditor, as the original data controller, as 2nd defendant. This could make your claims more complex and would certainly have an affect on costs, should you go on and lose, as you'll be funding 2x costs. (1 for each defendant)

 

I think the best approach, here, is to start a new thread on each creditor and outline the details of how you got here with each. It's no mean feat taking on this number of defaults at once, (I should know, I did about 9 all at once, so check out threads started by me)

 

HTH

 

Thanks car, infact last night I was thinking along those lines exactly, and have decided to focus on the companies originally placing the default on the file, I will certainly take you up on your offer and check out your threads, I will do a little work creating a file on each company (off to Tesco to buy several ring binders) and sort everything out then I will hit one at a time with individual threads, thanks very much

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Thanks car, infact last night I was thinking along those lines exactly, and have decided to focus on the companies originally placing the default on the file, I will certainly take you up on your offer and check out your threads, I will do a little work creating a file on each company (off to Tesco to buy several ring binders) and sort everything out then I will hit one at a time with individual threads, thanks very much

 

Good stuff! It's the getting organised like this before you embark on it that will set you apart from your opponents.

 

Once you've started your new threads, put a link to them all here and we can sub to them to offer some help.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Good stuff! It's the getting organised like this before you embark on it that will set you apart from your opponents.

 

Once you've started your new threads, put a link to them all here and we can sub to them to offer some help.

 

 

I have started thread 1 regarding Lowell Portfolio, they have 2 defaults against me this thread is regarding default 1 of 2

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296453-thepalace1-v-s-Lowel-Portfolio-Default-1-of-2&p=3317330#post3317330

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