Jump to content


  • Tweets

  • Posts

    • Today , after a lotof years i recieved a letter from this lot. Very friendly, "Were writing to remind you that we havent had any contact from you in a while".  The velvet fist, followed by  a veiled threat to get their preferred debt collectors involved. Yep dead right. In 1992/3 I took out a Student load under duress from DHSS. uP TO 2000 I hadsucessfully gotten deferment on low income. But rarther thansign on as unemployed,I decided to be self employed. I applied and they asked for all sorts of documents. I obliged and then correspondance ceased from them, circa 2001. To date  I have had no correspondance from Student Loans. I was made  redundant in 2009 and  reached 65 in 2012 , at which age the loan should have been cancelled. Now ,today, 12 years on retirement and 11 ( at least years after last contact) I get a letter with veiled threats. Do I , as I smell a scam a) ignore it and hope that Erudio will think that this phishing attempt has failed or b) respond with a statute barred letter or c) remind them of legal terms that loan should be cancelled 12 years ago or d) combination of b) +c)      
    • But I'm not mixing and matching. Sure, when researching I do check multiple avenues, but when speaking, I will open a single post. The Fb post was made in March, it is now June, time has passed, and when the suggestion was made, no further information was given on how I should progress beyond "send a letter", which has meant that I've needed to start another stream - this one, but only after taking the time to research first.
    • hes not turning you away he is simply saying that you should stick to one channel of advice. he is perfectly happy with that channel being this forum, and he will help you   all he is saying, and I agree, is that you should stick to one help channel, not mix and match 3/4
    • As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
    • Hold on @BankFodder, that was a bit harsh. I spoke with the EVRi complaints Facebook group to begin with, a user on that group told me to send a letter but didn't give any specifics. Here at CAG, I was looking more for specific help as I've never raised such a claim before, and wanted to be sure that my claim was correct, which is why I've researched information with the other groups too, to be sure; but you seem to have assumed that I've made some form of contact with the other groups, such that I find your comments and tone to be very unfair. And I do know a thing or two about forums, that forum users are unpaid volunteers, I happen to be a Tableau Ambassador, and so perform a very similar role helping others in an unpaid capacity  
  • 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

Claim Form - arrow global/HBOS CC. *** DISCONTINUED ***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3537 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

Sorry this is better-makes sense now i hope x

Hows this so far in box 10...........

 

On 6th July, following service of the Claim Form in this case, I wrote to the Claimant's Solicitors requesting inspection of documents mentioned in the Particulars of Claim pursuant to CPR 31.14.

I also wrote to the originators (Halifaxlink3.gif) enclosing a Subject access requestlink3.gif and included the ten pounds required fee.

An extension to 20th July for filing my defence was agreed and confirmed in writing.

A copy of this confirmation, marked "B" is attached.

On 14th July i contacted the claimants solicitors for verbal confirmation that the requested documents were going to be made available to me within the requested timescale . The solicitor informed me that he was sorry but they still had not received the requested documents from the originators and would be passing the case back to the originators.I asked for this in writing and received another letter which i have attached marked " C ", stating the required information had been requested from their client again and would be provided to myself uopn receipt by themselves. They also asked me for more time to do this and put the file on hold until 12th September (8 weeks ).

On September 7th i contacted the solicitors again not having received the documentation. I was told that once again the originator had failed to provide the requested information . I was told they would contact the originator and get back to me by the end of the day. I have heard nothing and the 8 weeks I agreed to allow the claimant more time to gather the information has now again expired. It appears they have issued the claim without being in possession of the documentation. They stated that they had referred back to their client on several occasions and the information would be provided when they received it, and that no further action would be taken until they are able to respond. The documents sought by my request are essential for the proper preparation of my defence and the determination of the claim and CPR 31.14 affords me a right to inspect those documents. I am concerned that the claimant`s continuous requests for extending the time frame, for now almost 3 months, puts me at risk of a default judgement without having the opportunity to defend myself.

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

  • Replies 211
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

That looks ok to me mooshy :)

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Thanks citizen b.

Do you happen to know how much I need to send with it all as heard 45 someone else paid 60 and another 75 x

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

Don't over do it Mooshy its an application not a Defence, try to steer away from saying without the relevant paperwork you are unable to provide a defence because a lot of DJ,s and Claimants will pounce saying " A worthy defence shouldn't need to rely on paperwork ".Be Careful.

 

Andy

 

Its £45

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

 

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

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

Link to post
Share on other sites

thanks Andy.

should I really make it a lot more brief.

I,m sending it today .

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

IMHO yes an application is to request the Court to order something to happen in your case, not to be used as a defence.The more detail you go into the more the Claimant as to pick over.By all means give a brief outline and why you are having to make application, the Claimants non compliance.

Remember you are requesting documentation to clarify points, not to build a defence upon. Turn it round as to why the Claimant needs to disclose IE to verify they have a right to pursue, collect and enforce.

 

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 OTHER

 

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

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

Link to post
Share on other sites

Right Oh Andy i`ve made some changes.There extension is up end of working today-should i fax a copy of n244 to Northampton ccbc and if so i cant find a fax no. anywhere does anyone have the best one available ?

Otherwise i`ll send 1st class guaranteed signed for ect and i take it i just buy a postal order and enclose it with the documents-do you have to make a PO out like a cheque :???:

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

PM h197 hes just doing his Claim by DCA now at litigation stage - Any help welcome please...?

 

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 OTHER

 

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

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

Link to post
Share on other sites

Thanks Andy.

Court have taken my 45 over phone and given me a fax to fax through and will also send

 

Pls can you confirm or otherwise.. 1 original n244 plus all supporting documents plus 3 copies of everything incl application so 4 altogether ?

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

All done !

Faxe paid AND hard copies sent.

Phew

Thanks folk for support.

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

Well done mooshy. Good luck. :-)

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

Grrr- update-got random letter from claimants granting me another 28 day extension !

Court have sent back my n244 (taken my money ) saying-----we are returning your n244 application to you as you need to state in section 3 on your form the order that you are applying for, ie, to strike the claimout. Please ammend and return this to us.

 

In box 3 i put ..... Please see attached marked " A "

Attached form A clearly states

 

An order that ..... bla bla (not literally ) ...1) the agreement

2) the default noticeand £ ) the assignment the claim shall stand struck out ect ect..

 

I had to put it on an attached form A because it would not fit into the box !!!

I rang the court and the lady was adamant i needed to state what order i wanted in the box.

Should i just condense it even more -a child could interpret my n244 i thought these folk at the court were able to read??????

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

Condense and state see attached. Unbelievable!!!

 

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

 

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

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

Link to post
Share on other sites

So what do i actually do.

I have the completed and returned n244 in front of me.

They are telling me to write something in box 3.

In box 3 because i couldnt fit it all in it clearly says - see attached marked " A ".

Attached form "A" clearly atates what i am asking them for.

They say reurned the original form stamped that i have paid which means i have to return this form-

so do i hand write a few words just saying something like --- an order to compky with my original CPR request, the original agreement , strike out and attach form " A" again anyway ?

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

bump x

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

mooshy, andyorch is online at the moment.. send him a private message and ask him to look in and clarify for you :)

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Are you able to go into the court mooshy? It might be easiest if you can and ask them what they want. Explain that you can't get all you need to in the box so you thought the attachment was the best thing. Ask how they suggest you do it?

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

  • 4 weeks later...

Hi everyone. . .update.

letter arrived this morning Fromm Northampton CCBC as follows :

Before DJ xx sitting at Northampton CCBC County Court

On 12/10/11

the judge orders that :-

The claimant do comply, within 7 days of service of this order, with a request made by the Defendant on 7th July 2011 pursuing CPR 31.14' by providing to the defendant the documents mentioned in the particulars of claim1. The Agreement2 The default notice and 3. The Assignment

 

This order has been made without a hearing under the courts case management powers contained in the civil procedure rules part 3

You may within 7 days of the service of this order, apply to set aside or vary the order under part 23 rule 10

you must file with the court and serve on the parties an application that sets out your reasons for the objection.

A fee is payable upon the filing of the application.

 

So. . . , does this mean I have to pay ANOTHER 45.00 and do another n244 to now have it set aside ?

letter only arrived this morning and 7 days from date of service is up ??

is this good ?

Does this mean I have mission almost accomplished ? I just want to avoid a CCj registered and agree then to payment ?

thanks everyone x x x

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

I don't see why you would want to object to this order. I believe that it's what you wanted, Unfortunately the order doesn't say what will happen if the claimant doesn't comply, but if you don't get the agreement, default notice and assignment in the next 7 days I suggest that you let the court know by letter that they haven't complied and ask for the case to be struck out. I THINK you may get away with a letter for this and not another N244.

 

Let's see what happens in the next 7 days though .....

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

Thanks for your reply Caro.

I think the 7 days are up.

the date on top of letter is 12 and date of issue of order is 14 which at the latest would be 21 st or Fri ?

thanks again.

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

I'd give it until Monday and then contact the court. You could try ringing them first to check if a letter advising that the claimant has failed to comply with the court order and asking if the claim can be struck out would be adequate.

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

As Caro states, If they haven't complied by yesterday I would assume the DJ/Court will strike out of it own accord, at no cost to yourself.Make sure you prompt the Court though.

 

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

 

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

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

Link to post
Share on other sites

I know-well pleased today !

So if i am successful and the claim is struck out could they start the whole thing all over again with ANOTHER ccj ?

Could i potentially turn this around and actually somehow claim back misold PPi which i`m sure i had ? They still havent come up ith CPR though so i dont even know when the last payment was made or have any history ?

x

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

Have you checked with the court Mooshy?

 

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

 

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

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...