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    • Better to keep my suggested paragraph as one rather than split it......defence above amended.
    • So they've produced a copy of a statement amounting to the figure claimed for AND a copy of the CCA but it isn't signed... Not sure if that's admissable or not due to it being online, it does have my account number and address on, but the customer signiture and date section is blank.  They posted this up online the day after the case meeting....   Is it game over?
    • PD 44 Timing of summary assessment   9.2 The general rule is that the court should make a summary assessment of the costs – (a) at the conclusion of the trial of a case which has been dealt with on the fast track, in which case the order will deal with the costs of the whole claim; and (b) at the conclusion of any other hearing, which has lasted not more than one day, in which case the order will deal with the costs of the application or matter to which the hearing related. If this hearing disposes of the claim, the order may deal with the costs of the whole claim, unless there is good reason not to do so, for example where the paying party shows substantial grounds for disputing the sum claimed for costs that cannot be dealt with summarily. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs/part-44-general-rules-about-costs2#para9.5    
    • I find many inconsistencies in the posts from Louiseannmarie, not least her reference to her 'badge number'. Since when have the British Police held badges? They are issued with a warrant and use collar numbers for identification. Possibly has watched too many American movies!   'Her' spelling and grammar are less than I would expect of a Police Officer and her threat to report the site to the West Midlands Police, whilst claiming to work for them does not ring true.  Suspect that 'she' is a troll.
    • Thanks @lookinforinfo.   The text is updated:   1.       This case is often quoted by the claimant as assisting their case. However, in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location, which is not 'relevant land'. The Airport land is subject to the Airport Byelaws as specified in 'Section 63' of the Airports Act 1986 [EXHIBIT A]. Both cases involve flawed reasoning, and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest. Furthermore, VCS has been running the parking business at airports over the years it would be expected that they would become familiar with the Airports Act. Unfortunately, they choose to neglect and deny the Act in their Witness Statement.
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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

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Hello again all, I have already been here before spookily almost 1 year to the day when I got CCJ paperwork from Arrow Global and the case was struck out in the end. This time its Hillesden Securities and they already seem to be better prepared than the last lot!

I'm after a bit of guidance if possible please:

Claim form from Northampton CCBC dated 2nd May 2012

Claimant Hillesden Securities Ltd

Via Alpins.

POC:

The claimants claim is in respect of a credit facility, ACCOUNT NUMBER, provided by Lloyds TSB Bank PLc at the defendants request on 03/12/1999. The agreement was subsequently defaulted. Failure to meet requests for payment resulted in the account being terminated on 15/07/2011, all legal and beneficial interest for the monies was assigned to Hillesden securities Ltd. The defendant was duly notified in writing of the assignment and the balance of £2341.65 was due. The balance of £2341.65 remains owing from the defendant.

 

OK I have done the AOS on line on 15th May with the intention to defend in full.

On 16th May I sent a CPR request 31.14

On 16th May I also sent Section 78 request with £1 postal order.

 

Today I got a letter from DLC Direct Legal Collections (trading name of Hillesden securities) saying the following:

 

We have been passed a copy of your letter dated 16th May 2012 by our solicitors.

We acknowledge receipt of your request for information filed in accordance with Part 31.14 of the civil procedure rules.

We are still awaiting copy documentation from the original lender and will forward it to you in due course. We confirm that your account will remain on hold until we have done so.

Should you require an extension of time to file your defence pursuant to part 15 of the practice directions we will consent to an extension of 28 days.

You have also requested a copy of your credit agreement under s.78 Consumer Credit Act 1974. As you have requested a copy of this document as part of your CPR Request, we are returning your fee.

Yours sincerely

Litigation department.

 

The thing that is giving me some worry is that these lot sound a whole lot more on the ball than the last lot as they have already anticipated my request for an extension (which I have not yet asked for waiting as I was waiting for the reply to my requests!)

Am I on the right track and I'm not sure what difference it makes that it is through Northampton (last time it was the local court to the solicitor) I am sure last time I was advised that Northampton do things automatically without the request of the claimant so how do I go about the extension they have agreed in the letter??

Many thanks in advance if anyone is free to help me out again!!

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Hello Sick my old friend I trust you are well, apart from....

 

So what will the defence be based on?

 

Regards

 

Andy

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Hi Andy!! Oh I was hoping you would visit!!!:whoo: thank you,

defence will be based the same as last time it will be to see what they can prove.....

 

this letter has just unsettled me slightly as last time arrow global had no idea what they were doing and this lot seem a bit more on the ball!!

Hope you are keeping well and so glad your still around!!

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Always around I lock up on the way out:madgrin:

 

No the difference here is the these lot think they know what they are doing:wink: Have you submitted your extension CPR 15.5 to get the full 56 days?

We could do with some help from you.

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Thats reasuring Andy thanks, I got the letter agreeing to an extension I had not requested this morning and was not sure of the process with Northampton (last time it was the sols local court) Do I need to send a copy of the letter from DLC to the court to say they have agreed an extension or will I need to get them to agree an extension date in writing? I'm thinking I need to get them to agree an ACTUAL date and to confirm it in writing to me which I need to confirm to the court? Does it matter that I have sent my AOS on line rather than by post?? Northampton is confusing me!!

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Copy that letter and attach a cover letter from you requesting an extension pursuent to CPR 15,5 as agreed in the attached with the Claimant.Post to CCBC then check its receipt and that its on the system Ie new defence date is ....?

 

No problem with MCOL better and far more secure than posting everything.

 

Regards

 

Andy

We could do with some help from you.

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Andy, can I just check my dates?

Date on the claim form is 2nd May.

5 days = 7th May.

AOS takes it 28 days from 7th May to 4th June 2012.

the letter states I can have an extension of 28 days so do I add that to my 28 days from my AOS tking me to 2nd July (4th june + 28days = 2nd July)

And do I put all that in my letter to the court and send a copy to the solicitors and just for good measure to the claimant who agreed it??

Just trying to get it straight in my head!!:???:

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Yes correct, state extension of 28 days, ie 2nd July will be my new date for submitting my defence.

 

Regards

 

Andy

We could do with some help from you.

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You dont need to send anyone else a copy but the Court Sick.

 

Andy

We could do with some help from you.

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  • 3 weeks later...

Spoke to the court who have advised me that they have not processed my letter yet and that they "basically dont care its up to the claimant when they apply for judgement we just put a copy of the letter on file" am I still working with my extended date??

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Yes thats how it basically works Sick as long as you have their agreement in writing then they cant (shouldn't ) request judgment before that date.

 

Andy

We could do with some help from you.

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Thanks Andy, last time it was through a local court but this claim is through MCOL does it matter??

 

Nooo

We could do with some help from you.

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Hi Sick (& Andy), in same boat too. same dates to submit by.

 

Just doing the research to prep my defence, although I'm off out now. Still waiting on DN & NOA from my CPR requests. I will follow your thread: (mine's here http://www.consumeractiongroup.co.uk/forum/showthread.php?351516-County-Court-Claim-Hillbillies-(prev-MBNA)&p=3847236&viewfull=1#post3847236

been away this week so trying to catch up)

 

PS. Court said same thing to me regarding extension.

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  • 3 weeks later...

Hi, defence day today and I have prepared the following, just wanted to check it sounds ok before i hit "submit"!!!

 

THE DEFENDANT IS UNABLE TO PLEAD DUE TO THE CLAIMANTS FAILURE TO

COMPLY WITH ITS CPR 31.14 DUTIES IN DISCLOSING THE REQUESTED

DOCUMENTS.AS REQUESTED FROM THEM BY LETTER DATED 16TH MAY 2012 AND

AKNOWLEDGED BY THEM BY LETTER DATED 18TH MAY 2011. THEY HAVE ALSO

FAILED TO PROVIDE A COPY OF THE CREDIT AGREEMENT REQUESTED UNDER

SECTION 78 OF THE CONSUMER CREDIT ACT 1974, REQUESTED FROM THEM BY

LETTER DATED 16TH OF MAY AND AKNOWLEDGED RECIEPT BY THE CLAIMANT

VIA LETTER ON 18TH MAY 2012.THE DEFENDANT RESERVES THE RIGHT TO

AMEND THIS DEFENCE

 

and Hi Battlescars and welcome I'll have a look at your thread too thanks!!

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Here is an alternative feel free to edit or merge

 

 

o I, ********** of ************** make this statement as my defence to the claim brought by **************

o The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR16 even allowing for the constraints of the bulk issue system

o No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information CPR31.14 none has been forth coming and as a result I cannot plead in defence to the claim

o The claimant pleads that the claim is brought under a regulated credit agreement regulated by the Consumer Credit Act 1974,but is yet to comply with my section 78 request.

o Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

o Further to that above , the defendant is unable to plead effectively or at all.

 

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 OTHERS

 

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

 

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Here is an alternative feel free

 

 

o I, ********** of ************** make this statement as my defence to the claim brought by **************

o The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR16 even allowing for the constraints of the bulk issue system

o No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information CPR31.14 none has been forth coming and as a result I cannot plead in defence to the claim

o The claimant pleads that the claim is brought under a regulated credit agreement regulated by the Consumer Credit Act 1974,but is yet to comply with my section 78 request.

o Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

o Further to that above , the defendant is unable to plead effectively or at all.

 

Regards

 

Andy

Wow! Thanks andy!

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well i am officially living up to my name now.... Sick as a chip! Today a copy of a credit agreement has turned up in the post with an offer to settle for a discount and a letter to say they are looking for the rest of the documents i have requested and will send me them as soon as they find them! Can anyone advise how i can post them here to make sure they are ok? Thanks!

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