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    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   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 ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   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 Purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     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? Possibly but can't say for sure.    
    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
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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

Car sold but only 50% of the money received


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Hi, Im really sorry if this is in the wrong place !

 

I hope to help my son. He sold his car to some guy, he paid 50% of the money and said he would pay the rest by the end of May at the latest. This has not happened.He has now stopped answering all calls from my son & he is ignoring the text.

 

He has got a receipt with all the details on & signed by both party's. Lucky my son did keep hold of the log book and knows exactly where he lives. Do you know what i am LEGALLY allowed to do ?

 

Thank You

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Yes, you can issue a claim in the small claims court. Depending on how much the claim is for is shouldn't cost much and you claim that back as well.

 

Any more details ??

 

Also depending on the wording on the receipt, he could go and take the car back.

Edited by Conniff
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Hi, my son is young & he did not word the receipt correctly, it states how much was paid, what is owed & the log book to be given on the rest of the moneys paid. My son has the log book, MOT and service history. he doesn't have the car or the key. this is why he cant go & take it back as there was no spare.

 

Can he report it as stolen ? The car was only £500 & he ows £250 still. Would there really be any point in going to court ? Also, the tax will be due at the end of the month & the car is still in my sons name.

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BTW, i have since done some digging, it is likely this guy will drive around uninsured. Obviously this could come back on my son .

 

Lets hope the stupid son learns from this..

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Your son should write to him using recorded delivery requesting that the outstanding amount is paid within 10 days. If that doesn't bring a cheque, then he should write again recorded delivery with a letter headed 'Letter Before Action' asking that he settles the bill within 14 days or action will be taken in the small claims court to recover the outstanding amount.

 

Using the small claims will only cost £35 (which you claim back when you win) and can be done online so no hassle - https://www.moneyclaim.gov.uk/web/mcol/welcome There is no point however threatening small claims if you aren't prepared to go through with it. You will be helped by CAG if you do take that course of action.

 

The car still being in his name can be a problem as your son will get any traffic offence tickets and fines from the DVLA for no road tax. He should send the logbook as soon as possible as failure to notify can also cost him.

 

If he is the type that isn't interested in obeying the law, there is also the chance he could dump it outside your house and say 'nothing to do with me, not my car'.

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Thank you. In other words, nothing can be done other than the small claims route?.

 

If the log book is sent off than he will get to own it fully as such, even if he doesn't pay at the courts request? If this guy is happy to drive un insured, it is not likely that he will take notice of the small claims court.

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The logbook shows the registered keeper and not the owner. The other thing you can do is go and knock on the door, his parents might not be aware of what is happening.

 

If you get judgement in the small claims and it isn't paid within 28 days, you can use bailiffs to enforce it.

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I would also mention it to the local police.

 

Although they wont be interested in the civil side, they might take an interest if its correcting speeding tickets (etc) and check the MIB site to see if it's currently insured. If you warn them before any accumulate your son sounds in a far better position.

 

A certificate of posting to the DVLA might come in useful too - especially if the paperwork date matches the receipt, as the docs are just a liability really now.

 

Is the new owner working?

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Not sure if hes working for sure. He is not a young guy. He has a family ive been told. The trouble is, i don't think my son got him to sign the log book. Only the receipt. We've been told hes not a very nice guy to confront.

 

Do you have any suggestions ?

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Assuming this hasn't been settled yet. Get that log book off to the DVLA if you haven't already.

 

Next thing to do is write recorded delivery asking for payment and giving say 10 days. If he doesn't, then you send another letter this time headed Letter Befor Action and give him another 10 days and if that doesn't do the trick, then you issue a summons throught the small claims.

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