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    • HB - friend historically has left issues to the last moment, always incurring extra costs.  It has been so frustrating.  Always worried about bills; yet always ending up paying more...   Dx- Is it worth friend writing to the court to say that a legal rep could go to the court on the hearing date - to request Claim be stayed/ struck out?  Even though bank has said they will write to the courts to say arrears paid in full?  Or does bank action mean the claim court hearing will automatically be withdrawn?   Or does friend have to go the N244 route?
    • Hi Everybody,   Long time lurker and appreciative of advice on here, but have something of a pickle of my own which hopefully you can help with...   I left a flat in November 2017 and paid what I thought to be a final bill payment (with notorious SP), and also discussed my end of tenancy date with the CS rep. 6 months later go by and I get a call from somebody saying I'm overdue a bill payment for the utilities in the flat, and that they are wanting money from me. I politely told them they are mistaken and I was all finished up with them, and that they couldn't move with me to my new address. Cue another two months of nothing, and they re-appear on my phone, asking for money. I politely told them that it was nothing to do with me, and to speak to the new tenants / property company who managed the previous flat (and gave their address). 6 months later, I decide to check my credit history in-depth and see that there is a default listed on my account for around £100, so I called them up to complain that there was an unwarranted and invalid default on my account, and they highlighted that they never took the final payment and was outstanding an amount which I was not aware of. When discussing with them on my departure dates, they actually had it listed incorrectly, and I then gave them the correct dates, and said they would review and revise the bill statement but needed payment of ~£100 then and there, but would be rectified and re-imbursed when reviewed. They also said they would take care of the default on file if it was incorrect. 2 months later I get a cheque in the post for overpaying them and nothing further is required. I call them up to confirm relating to the default and they advised it would be done in due process. I am now 2 months later (apologies if these months don't add up) and I have checked my credit file with a 'Satisfied' label on the default. I called them up to get it removed, and they are saying they no longer want to remove the default, and that the default was valid.   What is the best course of action for me at this point.. Is there any hope for me here to get this removed?   Thanks in advance! Dave
    • EDIT: Sorry wrong forum, tried to delete.   Hi Everybody,   Long time lurker and appreciative of advice on here, but have something of a pickle of my own which hopefully you can help with...   I left a flat in November 2017 and paid what I thought to be a final bill payment (with notorious SP), and also discussed my end of tenancy date with the CS rep. 6 months later go by and I get a call from somebody saying I'm overdue a bill payment for the utilities in the flat, and that they are wanting money from me. I politely told them they are mistaken and I was all finished up with them, and that they couldn't move with me to my new address. Cue another two months of nothing, and they re-appear on my phone, asking for money. I politely told them that it was nothing to do with me, and to speak to the new tenants / property company who managed the previous flat (and gave their address). 6 months later, I decide to check my credit history in-depth and see that there is a default listed on my account for around £100, so I called them up to complain that there was an unwarranted and invalid default on my account, and they highlighted that they never took the final payment and was outstanding an amount which I was not aware of. When discussing with them on my departure dates, they actually had it listed incorrectly, and I then gave them the correct dates, and said they would review and revise the bill statement but needed payment of ~£100 then and there, but would be rectified and re-imbursed when reviewed. They also said they would take care of the default on file if it was incorrect. 2 months later I get a cheque in the post for overpaying them and nothing further is required. I call them up to confirm relating to the default and they advised it would be done in due process. I am now 2 months later (apologies if these months don't add up) and I have checked my credit file with a 'Satisfied' label on the default. I called them up to get it removed, and they are saying they no longer want to remove the default, and that the default was valid.   What is the best course of action for me at this point.. Is there any hope for me here to get this removed?   Thanks in advance! Dave
    • My thought is: you need a solicitor yourself, and quickly.   The legal situation sounds extremely complicated.    There's only question that I feel confident in advising you on. You ask "The letter was also not recorded in case it makes a difference." No it doesn't. It might have done if you hadn't received the letter, but you have.
    • Hi DX   I have amended the WS and I hope i have taken out the meaningless gibberish.    Thanks, Roland    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF      INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There is an Agreement and 2 sets of Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. The agreement in the JK1 exhibit on page 2 shows an agreement with my name, address and a date but no Account Number or Reference Number as the same was not mentioned in the Claimant’s Particulars Of Claim, which was addressed in my Defence Para 1, ‘the particulars of claim are vague and generic…’.    3. The Claimant’s Witness Statement does not state how the agreement was made, via telephone, post or electronically.   4. There are 2 sets of Terms & Conditions Pages 4-10 which does not show my name and address as per the Consumer Credit Act 1974 Request.    5. Pages 1-10 can easily be downloaded from various internet forums and image sites and have my details inserted with any picture manipulation software.   6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974. 8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.  9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.     I believe that the facts stated in this Witness Statement are true.    Signed:  Dated: 
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This probably gets asked a lot but I wondered if anyone could tell me how long we are likely too be waiting. I phoned them this morning and was told that they had already received the tribunal decision and that a decision maker needed to look at it and they would send out a form.

 

I dont understand what the point is going through the stress of a tribunal is for if they are going to look at it again ? :|

How long is it likely to take ? With 4 children and christmas just over 6 weeks away I really could do with the money right now.

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Someone looks at it before it goes to tribunal. You may be lucky enough that someone looks at the decision and decides that you're entitled to DLA and it won't go to tribunal.

 

Waiting varies by area - for some, it's almost a year.

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I think looking at this, the OP has already been to tribunal and :whoo:won:whoo:

 

They will look at it to decide whether they are going to challenge the tribunals decision, which they can only do if a mistake has been made on a point of law, which is very unlikely. It is more just a case of the decision maker inputing the details and authorising all your back money:lol:.

Before that happens though they will "decision make" a decision to send you a form to fill in.

 

This form will ask you if you have been in hospital for more than 2 weeks since you applied for DLA, which I guess is many months ago now. They will alk for the dates and then they can decide whether they can claw any money back from you.

 

It will also ask you to supply your up to date bank details to them so they can graciously decide to pay you what you are owed. Most peoples haven't changed but I suppose they have to ask.

 

Once you send the form back they will likely sit on it for a while before actioning it. After all you have to remember the pain the decision maker has to go through, in pressing a few buttons to authorise payment.:violin:

 

My advice to you, having been through this process twice. Ring up the helpline and ask to be put through to the section, they will say they can't, they can. They don't want to but they can, say you are on your uppers and you have unpaid bills etc. they can go through the form on the phone, take the details from you and authorise payment in a matter of minutes.

 

Last time, the helpline told me there was a backlog of 6 weeks, I advised them that I used to work for them (which I did) and I knew exactly what was invlved and how long it took to action. I told them I had baillifs knocking at the door etc etc, insisted on being put through, eventually they did I spoke to a DM and it was done in 2 minutes. Three days later £2.5k landed in my bank:whoo:

 

They can do it. They will try not to and use every excuse to not put you through but they can. Make a nuisance of yourself, you have waited long enough for your money as it is, they should get there fingers out and pay people what they are owed. In my opinion it should be done on the day of the tribunal.

 

Rant over, ring them on Monday and unleash your fury on them:madgrin:


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