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    • 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 ?
    • I suggest you start reading around this forum about the steps involved in taking a small claim in the County Court. It's very straightforward but you should understand the steps before embarking on it so that you are confident. We will help you all the way. Once you have done this basic reading then come back here and we can begin the process if you are happy to go ahead. On the basis of what you say, I expect that your chances are better than 90%. I also expect that West Cheshire Facilities Management will want to put their hands up before it goes to court and get a judgement against them. We would want to see your letter of claim before it sent off but I suggest that it is made clear that Social Security's have already been informed and that when you get a judgement against West Cheshire Facilities Management, you will make sure that social services and the health service generally are all circulated with copies of the judgement. If West Cheshire Facilities Management really want to take that risk with all of the reputational and business risk that accompanies it, then they are being extremely shortsighted.
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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
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Just looking for some advice on this issue so i know what steps to take to get it removed, I got into trouble when i was a lot younger which resulted in my mum making me take out an administration order from the courts. It was made up from 3 creditors,

1. The benefits place for around £700

2. a catalogue for around £300

3. another catalogue for around £200.

 

I was 18 at the time, still in college and didnt really have any money to pay catalogues back, The benefits thing was that during a period of not working i claimed jsa, but my mum was still claiming child benefit which we both didnt know about each others circumstances.

 

The thing is i paid what i was told till i was around 19 then lost my job so stopped, the courts never bothered writing to me, but the benefit office did and ive been paying back the £700 ever since in silly little amounts. we're talking 12 years on so its hardly been noticable.

 

Today though i just thought id check my credit file for something to do and the admin order has appeared back on there. Does anyone know how long it takes to stay on your account. It came off there around 2005 so im really surprised to see it back on there now, nearly 7 years later???? Obviously upset as well as i thought this was all behind me. The amount i actually paid to the courts would have easily covered the catalogue debts, and the benefits thing is now paid so surely this should all be the end of it?

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Hi welcome to CAG,

 

Which credit reference agency did you use?

Does this entry show who placed it?

Have you paid this constantly over this time span.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi, I used Experian today, previously been checking on equifax only and its not and still isnt showing up on equifax only experian for some reason.

It says the court name and under information source states it was from court registry Ltd.

 

As i said i paid back some within 2 years id say approx £300, then i lost my job so had to claim jobseekers allowance for a few months, while on this though the benefits agency said it would be stopped if i didnt pay back what i already owed so i had to pay back small amounts to cover this, i've paid these amounts ever since and have approx £100 ;eft to pay on the benefits debt. I could pay this in full now but have continued to pay in instalments as it seemed easier.

 

There must be £100 or so left on the original catalogues debt but i bet the admin order says for the full amount including the benefits amount too.

 

Really hope this makes sense as im confusing myself but i appreciate all help as im completely stuck.

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Sorry i should have made it clearer, the admin order was taken out when i was 18, im now 32 so thats really the reason im worried as I thought it came off my file after 6 years or from when settled. 14 years on its now reappeared again and im concerned as to why?

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1. Place a notice of dispute on the Experian Entry.

2. Write to the Data Controller at Experian requiring a full explanation of the reappearance of this Amin Order.

3. Contact the named court and find out why this has been reported again after so long.

 

This should not be showing now!!!

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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god thats unfair

 

as i bet the cat debts were penalty charges too

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yep! about £120 actual debts the rest were court and solicitor costs. Would of been fine if id of had a job, just paid it off but i was "advised" to get an admin order to stop bailiffs harassing me.

 

Worst thing i ever did was listen to that advice as its still haunting me now!

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12yrs! paying an £1k ish admin order

 

somethings is not right here...

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ive just found the paperwork for this,

 

benefits agency £779

 

the rest was split between

 

freemans catalogue and

Look Again,

 

total amount £1148.

 

started 28th feb 1998.

 

After counting the receipts looks like the total i paid the courts was £280 over a period of 2 years.

 

Then thats when i lost my job and returned to uni so had no money.

 

After a few years the benefits agency contacted me to start me paying it back.

 

I ignored that but when i left uni and came to claim jobseekers they stopped my money until i had agreed to repay the amount through them.

 

Im writing my letter to the courts and experian now though,

 

sooner i start sooner it gets cleared up and taken off my account.

 

Id just spent years getting it near perfect and this comes along!

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This can be challenged as unfair due to the time span, it is unfair compared to the status od a person with a defaulted accountv who has paid nothing but has an entry removed paid or not.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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MY guess is the DWP made this updated entry, get me as much data as possible and I will write a challenge for you.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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As much as you can tell me, if there is any thing you do not want on the open forum, please pm me.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi Vix Can't find a pm with the extra data on file at all, can you send it again please, then I''ll do the letter then.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Ok.

Let's start with the Liverpool County Court.

 

Address the letter to the Court Manager.

Ref: Administration Order - AO/11/00

Look again Catalouge agency No. XM876052 CCJ Aug. 1998

 

Job seekers allowance (central recovery group) ref: 042423ANJ Jan 1999 case No. LV000356

Freemans Catalogue Case No. X1003515

 

Dear sir or madam,

 

I refer to the above mention admisitration order date 28th February xxxxx order to pay £20.00 pcm, this order was removed from my credit reference files approximately xx years ago, I have recently check my credit files only to find that the Admisitration Order has been reinstated on my credit records 14 years after the original order was made.

 

I believe that the debts included in this order have long since been paid and would like an explanation as to why the order has been reinstated and by whom.

 

After 14 years this matter is now causing me extreme difficulties in relation to obtaining credit facilities with consequent embarassment.

 

It would seem manifestly unfair that this is being reported at this late date where as a debtor who has made no effort to repay a debt has the entry removed from credit files after 6 years.

 

I am preparing a report to the Information Commissioners Office regarding this matter and would welcome assistance in

removing the Administration Order from credit files for example who is responsible for reviving this after 14 years.

 

send that to the court recorded delivery and to the Salford DWP office addressed to the Manager Central Recovery.

 

Once they are away we'll tackle a report to the ICO.

 

Brig.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks for all your help, Ill get that posted out tomorrow.

 

Vic

Let's hope we can get some answers, let me know if I can help further!!

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Can i just check something, Ive just logged onto experian just to check again and noticed the case number is completely different?

 

Could someone have filled out these forms on my behalf or would the case number of changed over time. I've not had any documentation whatsoever from any company or the courts and have lived at this address quite some time now. Starting to get worried that someone has used my info somehow?

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No the case No. Should not change, this gets stranger!!

I suggest putting a dispute on the CRA enrty tomorrow for a start.

Is it the DWP case number that has change or the AO number?

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Its the case number from the court, dated from may this year. This is getting weird now, but am really worried, Can someone just fill out these court forms for me without my knowledge?

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Let's see what the letters court and DWP bring forward,I think someone probably the DWP has fouled up so don't worry we''ll get it sorted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 2 months later...

Long time no speak..... well let me start by saying i've sent at least 4 letters since i last posted, not to mention the numerous phone calles while waiting on hold for hours on end.

 

Today though i have recieved a letter explaining that due to an administration error this was somehow placed back onto my credit file. They have admitted it was their mistake and have sent a letter to the registry trust asking for it to be removed, so hopefully that should be taken from my account with the next 2-3 weeks (although i expect it will take longer!)

 

But just wanted to say thanks for helping me get this sorted, i had no idea where to start so you really saved me! Thank you!

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Good Result!!!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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