Jump to content


  • Tweets

  • Posts

    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 160 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

credit corp/Stevensdrake claimform - Aus Card Debt ***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3496 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 everyone,

I'm new here and have read threads about Austrlalian credit card debt etc but cant see any current ones open.

 

I am being pursued by Stevensdrake. They were acting for credit corp.

 

I left Western Australia in March 2009. My husband & I parted and he went to live in Asia. Our farm was sold last year and everything was paid off apart from my credit cards. The main one was with the National Australia bank with whom we had all our borrowings. I don't now why mine wasn't included as my husbands was settled from proceeds of the sale. I am guessing mine wasn't secured by the property.

 

Credit corp wrote to me, I ignored it.Then I got a letter from Stevensdrake. I got advice from Citizens advice who advised me that they didn't think they would pursue it as it would be costly for them. The next thing was a court summons on 30th October last year. I asked for the original agreements which I received just before xmas and the terms and conditions of the agreements.

 

I have spoken to two solicitors here but neither of them could help. Can anyone advise me as to the best course of action?

 

I don't want a CCJ against me but I can't afford to pay either. I could offer a small amount to settle but the debt has increased so much from the original amount that there's no way I can pay the whole lot.

 

Please, can anyone help!

Edited by citizenB
Link to post
Share on other sites

  • Replies 194
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

On the particulars of claim it says that I had an agreement with them to pay off the debt. I didn't ever agree to anything. The only thing I did was to pay them £50 as they kept ringing me at 5am and sent someone round to my house. It also says that the agreements were entered into out of jurisdiction and therefore unregulated by the Consumer Credit Act.

I have no idea what all this means.

 

I've looked through the terms and conditions and can't see anything about the jurisdiction.

Link to post
Share on other sites

As I understand it because they are applying for this to be heard out of jurisdiction you have to voluntarily submit to the court hearing it. I believe you can contest their application on the basis that it's out of jurisdiction. Hopefully one of the legal wallahs will verify.

Link to post
Share on other sites

Hi Rebecca

 

Could you possibly scan and upload the N1 (Summons) obscure any identifiable data or if not possible type out verbatim the Particulars of Claim the claimants name and address and the Solicitors name and address.The claim has been issued from Northampton CCBC?

 

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 OTHER

 

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

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

Link to post
Share on other sites

Instructions to post a document are below.. if you have any problems.. just hit the ! in the triangle, below each post and someone will look in and help.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

andyorch said:
Hi Rebecca

 

Could you possibly scan and upload the N1 (Summons) obscure any identifiable data or if not possible type out verbatim the Particulars of Claim the claimants name and address and the Solicitors name and address.The claim has been issued from Northampton CCBC?

 

Regards

 

Andy

yes, it's from Northampton. I'm uploading the pages now. Thanks. Rebecca

Link to post
Share on other sites

Thank you Rebecca.

 

I dont suppose you ticked the " I contest Jurisdiction " whilst Acknowledging the Claim?. You state you have wrote for copies of the original agreement...do you recall ever receiving Default Notices or Notice of Assignment from National Australian Bank to Credit Corp?

Did you request the documents using CPR 31.14?

 

Do you now own property here in the UK?

 

Dont worry about responding tonight we can come back to this tomorrow.

 

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 OTHER

 

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

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

Link to post
Share on other sites

Thank you Rebecca for your response.

 

Pity you did not contest jurisdiction this would have simplified the matter.However read here :- http://www.consumeractiongroup.co.uk/forum/showthread.php?321375-Received-court-summons-from-US-company-for-Milton-Keynes-CC-Help-**-WON-**

 

Normally you would contest jurisdiction 14 days after AoS by way of an application N244 CPR 11.

 

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 OTHER

 

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

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

Link to post
Share on other sites

Hi Andy,

I have read through the thread you put a link to. It's now more than 14 days since I sent back the AOS. Can I still send a N244?

I received an email from Stevensdrake this morning - see below.

"Our client has already allowed an extension on requesting Judgment for a

period far longer than the 28 days mentioned in part 15.5 of the CPR.

Unfortunately, if Judgment is not requested by a certain date, our

client's Claim Form will expire. Judgment will therefore be requested

on 1st February 2013 in the absence of your defence before that date."

 

From what I understand from the other thread, if I file a defence I am under the jurisdiction here?

 

Also, I didn't make any agreement with creditcorp or stevensdrake. I had no knowledge that the debt was going to be assigned and certainly didn't receive anything about assigning the debt. I was living in the UK, but if Credit Corp found me, [i wasn't hiding anyway], then why didn't the NAB. In fact, the NAB had my contact details.

 

I really appreciate the help here as have had no luck with any solicitor I have sought advice from. I just want to avoid a CCJ here in the vague hope that one day I might be able to get a mortgage!

Rebecca

Link to post
Share on other sites

See http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part11, paragraph 4. An application contesting jurisdiction must be made within 14 days of filing the defence. Unfortunately you are out of time to contest jurisdiction. Also, the agreement may well contain a clause permitting NAB to sue you in any jurisdiction. It is possible to sue in a English court for breach of Australia law if the English court has jurisdiction under a contract.

 

Please tell us what documents you have? Are you able to upload copies?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

14 days after Acknowledgment of Service Steampowered not defence.

 

Rebecca you could try an application with an explanation of it being late.The Court will direct but do not submit a defence.

 

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 OTHER

 

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

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

Link to post
Share on other sites

Its your only option Rebecca under the circumstances...pity you did not find CAG earlier.They will either accept or decline but they will direct...and if it fails then you could consider a set a side on the grounds of jurisdiction.

 

Just running through the dates 30th Oct claim submitted (33 days + 28 CPR 15.5 ) They wish to request judgment 1st Feb....they may well already be out of time on the AoS but I will check.

 

Would you be exempt from court fees ?

 

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 OTHER

 

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

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

Link to post
Share on other sites

this is the letter I received from Stevensdrake and the NAB terms and conditions. This is all the correspondence I've ever had. The same letter was sent for each f the 3 debts.

 

I'm not sure if I will be exempt . I'll have to look at the criteria. I do receive housing benefit and working tax credit. Its really annoying as my ex earns a small fortune but I can't touch him as he lives in Vietnam.

 

I wish I'd found CAG earlier too!

 

this is all the correspondence I've had.[ Duplicate letters for the other 2 accounts, so haven't uploaded them as they state the same thing].

Thanks

Rebecca

 

[ATTACH=CONFIG]40575[/ATTACH]

 

Hi Andy, I've uploaded the documents. Any info on if AOS will still be valid? If it is, then should I send of the N244 next week?

Thanks

Rebecca

Link to post
Share on other sites

Thank you krios I had forgotten that one:wink:

 

Also Rebecca here is another reference:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?335646-Stevensdrake-Solicitors-and-Credit-Corp-pty

 

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 OTHER

 

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

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

Link to post
Share on other sites

Hi, I've read through this a couple of times and the other link Andy put up. Unfortunately I have sent my AOS back and I'm not near being Statute Barred. I have copied and pasted this as I'm wondering if this should be my next step as well as sending back a N244? ANy comments greatly appreciated.

Credit Corp are a member of
fos
link3.gif
(Financial Ombudsman Service) the online dispute form effectively puts the debt in dispute preventing Credit Corp from enforcing judgement in any court. FOS will contact you in the next week or two for further details of the dispute so start reading up. ASIC (
www.asic.gov.au
) are now the sole regulator for credit card debt. Before Credit Corp can seek judgement it must have done the correct procedure.

 

Your FOS dispute allows you to throw the kitchen sink at Credit Corp. Dispute jurisdiction, validity of the consumer credit agreement, write to Credit Corp for copies all information they hold on you then complain to FOS that it hasn't been provided, inform FOS that no letter of Assignment has ever been received (assignment is only effective from the date it is received by the debtor) this means that Credit Corp are not entitled to make a claim against you, inform FOS that no Section 80 letter has ever been received (which means Credit Corp can't take court action), and anything else you can think of.

 

Until your dispute is resolved Credit Corp will be unable to progress any case against you. Unless Credit Corp has followed the correct procedure all action will be stayed.

 

Be sure to download FOS Terms of Reference to see how Credit Corp will be bound.

 

The icing on the cake is that Credit Corp will have to pay FOS to investigate it
.

I never received a letter of assignment, a section 80 or anything else.

Thanks

Rebecca

Link to post
Share on other sites

As for jurisdition its my understanding that all consumer credit accounts are subject to the UCCC which i think states that jurisdiiction will be in the state in which you lived when the account was created. I.E. WA law.

 

If you really want to stir up credit corp have a read of this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?265807-More-AUS-debt-being-chased-in-the-UK

The op had them jumping through hoops :wink:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...