Jump to content


  • Tweets

  • Posts

    • Yeah I figured, unlikely I'll need credit anyway mortgage all paid off etc so I'll take that on the chin and learn from the experience. Probably would've beaten that too had I remembered the protocol, first time ever going through the process though sob it wasn't familiar to me  Oh well  
    • This is my slightly amended WS taking on board your previous comments, any suggestions for amendments would be most appreciated.  Thank you for you time.   1.        I am the Defendant in this matter. 2.        The facts in this statement come from my personal knowledge. 3.        I became aware of original Judgement following a routine credit check on or around 14th September 2020. 4.        The alleged Letter of Claim dated 7 January 2020 was served to a previous address which I moved out of in 2018, no effort was made to ascertain my correct address. 5.        The Judgement debt was not familiar to me so I began investigations to ascertain what the debt related to and how such a figure had been equated in any event. 6.        I made immediate contact with the Court, the Claimant Solicitors and the Claimants thereafter, asking them to provide me with a copy of the original loan agreement but this was not provided to me.  7.        I sent a Data Subject access Request to Barclays but no agreement was provided – See appendix 1 which details the timeline of communication between myself and Barclaycard as well as copies of correspondence between us. 8.        I do not admit to entering an agreement with Barclaycard in 2000. 9.       The claimant has failed to comply with the additional directions ordered by District Judge Davis and therefore this claim should be automatically struck out.  10.    The claimants have failed to disclose a true executed copy of the original agreement they refer to within the particulars of this claim. They are not entitled to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974 12.   The reconstituted standard Barclaycard agreement that the claimant has included in the court bundle does not satisfy any CCA request and so the claimant is and remains in default of my CCA request and therefore unable to enforce the alleged agreement. 13.  The claimants have failed to provide proof the assignment, such as a deed of assignment. 14.  The claimant has failed to provide a statement of account setting out how the alleged debt accrued under that agreement 15.   Despite numerous requests to the claimant, I have still not seen any evidence, such as an original agreement or deed of assignment, that substantiates the claimant’s assertion that I owe the debt to the claimant, nor evidence of how the debt was accrued. 16.   As per CPR 1.4(2)(a) the court encourages parties to cooperate with each other in the conduct of proceedings in order to try and save time and costs for the parties and to also save the time and resources of the court however, despite vast attempts at mediation the claimants have been most unreasonable and have remained unwilling to mediate. I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
    • A set aside application costs £275 which is more than the judgement so not worth it. Not that they would grant a set aside anyway.  Set asides are granted, for example, to people who moved and didn't get the court papers, so have a genuine reason for not defending.  Forgetting doesn't count. Your only choices are to pay up within 30 days, or defy the court and not pay.  If the latter, we've never seen a PPC enforce judgement for a single ticket, ever, you would get away without paying - but you would have a CCJ and a knackered credit file for six years.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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

ccj due to insurance company not paying the other party?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4601 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

Hi, hope someone can help, to cut a long story short, jan 10 i had an accident in the very icy conditions unusual for our area and most of the country were facing abnormal weather, someone pulled out of a side road into my path as i tried to break my car started to skid, there was a car parked almost directly on the corner or where the other car pulled out and i collided into it writing my car off ( i was not going fast hence the ice and no one was hurt in anyway) and smashing the back light and damaged the other car's bumper. As there was no one in the parked car i had to knock around the doors on the street to find out who's car this was! i found the lady who could'nt be any nicer about it at the time lol! we swapped details and as soon as i got home say 20mins after the accident i phoned my insurance to let them know what had happened and gave them her details and insurance details ect: i thought that would be it after i had received my payout for my car and all was well as i got it fixed i just assumed that was the matter delt with, june 11 i received a court letter with reports to say that a judgement had b e made in the favor of the other party and that i needed to pay nearly 2000 to her minus the 2500 she had got already from my insurance, the report stated her car was damaged to the value of 756.98?? why do i need to pay her all this money??? i have been back to my insurance and they assured me i would not get a ccj? i gave them all rellivant paper work. Sept 11, i have a credit card took off me??????? wondering why this would happen as i don't owe the card any money i got myself a credit report off experian and low and behold there is a ccj on my file all due to this accident?. What can i do now? i am gob smacked that this is allowed as i thought this was the point of being insured and i even paid extra for legal cover on my fully comp policy? any suggestions on what i can do?? any help greatly apprectiated. gina

Edited by gina19
Link to post
Share on other sites

If you have passed on all details to the Insurers to deal with and have not kept anything from them i.e. court claim papers, then there is no reason for the CCJ to have been awarded against you. Your Insurers would normally have entered into discussion with the third party Insurers to resolve their claim, to pay them the relevant amount, so the court claim could be discontinued. It sound like someone has just sat on the paperwork from the court or the court claim was not sent to the correct address. The court claim is normally sent to the policyholders address and the policyholders then sends it on to their Insurers. The Insurers then deal with it, so no court case. Normally for claims below £5k the Insurers just settle the third party claim, so they don't incur further costs.

 

Find out why you did not receive the court claim papers. Contact court that issued the CCJ, to ask for copies of court claim papers. Apply for a set aside on the basis of not receiving the claim and that you have Insurers that should have been dealing with it. If you speak to the court staff that deal with these issues on a daily basis, they can be very helpful. They will explain the CCJ set aside process. At the end of the process, hopefully the set aside will get rid of the CCJ, your Insurers will settle the third parties claim and you will have rectified the situation.

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 OTHERS

 

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

 

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

Link to post
Share on other sites

Hi thanks for that information i did receive court information but there was no date to turn up just a form to fill in for my income outgoing ect of which i took in person straight to my insurance brokers as i was worried about it as I've never dealt with any thing like this before, i also remember getting the papers allot later than the date stamp that was on the papers also think things may have been complicated as the other party also went to a solicitor instead of letting the insurance companies sort it out? Yesterday i telephoned my insurance company and it is still unclear why this has happened as they say they settled the amount she was asking. They say they have sent an email to the courts asking them to update their files to show the ccj is satisfied, but i told them that is not good enough for me as i don't believe it should be on my file for all to see as the situation of them not paying out because they felt she was asking to much was beyond my control. The insurance say they will reimburse me the 14.99 i paid for a credit report which is nice enough i so pose but if them or the other side moved quicker its apparent this would not of happened from what i can gather. A check for 15.00 arrived early this morning so it goes to show they can move when needed lol, i am going to ring them shortly to find out what they intend to do about this ccj many thank for you help. Gina

Link to post
Share on other sites

who was the claimant who issued the claim

 

it was not M.I.B was it

 

the only way to remove the ccj wouls be via a n244 application to set aside the judgement

 

I agree. You need to look into getting the CCJ totally removed from your record i.e. a set aside. If you don't, the next time you apply for anything credit related, this could seriously affect you. Don't delay, as the court require any CCJ set aside to take place within reasonable time. If you leave it beyond say 6 months, you might not get it off your record, although a satisfied CCJ does automatically get removed after 6 years. A CCJ on your record, even if satisfied could mean getting turned down for loans/mortgages, even mobile phone contracts etc. If you did get offered loans/mortgages, these could be at high interest rate levels. So even if it costs you say £75 for a set aside, it will be worth it. No doubt you can reclaim these costs from whoever is responsible for this mess.

 

http://www.trustonline.org.uk/understand-judgments-fines/set-aside-a-judgment/

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 OTHERS

 

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

 

If you want advice on your thread 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...