Jump to content


  • Tweets

  • Posts

    • My ex blamed me for her not paying her bills she says I controlled her money. So I have been told I need to pay them as it was my fault. She has not paid the bills where she lives now which was my house. I'm not allowed contact with her and again she is blaming me. As in this type of case it is victim led so no matter what stupid thing she says she is believed. It is for me to prove otherwise.
    • No SAR yet but they have confirmed via email that they have everything and will supply it by this month end.    When you say the FOS considered it a personal loan due to personal guarantee who is the FOS? Financial Ombudsman?  But then that doesn’t make sense as they haven’t been involved yet.    Santander in their final response to my original complaint did not agree to it. They turned my complaint down and specified that the selling dealership had agreed to treat it as personal for settlement purposes.    I guess they could not agree to it as then they would be guilty of miss selling but they gave me what I wanted by saying I would not get treated as a business customer in regards to finance charges.    Awful bank to deal with. Will never touch them again. 
    • Background I am in dispute with Clerical Medical over, amongst other things, statements that I haven't received. They didn't resolve my complaint in time so invited me to complain to the FOS, which I did The FOS investigator in his findings has written that  Clerical Medical have mow provided all missing statements apart from two. One of these is for the policy year 2021 - 2022, which they say is unavailable due to a system migration. I have twice asked the FOS investigator for a copy of his screen shot to try and resolve this discrepancy but they have ignored me so today I submitted a subject access request. I said I was primarily interested in the screen shot but I also asked for everything they held against the complaint reference number. The response I got from firstly the Data Protection Operations Senior Coordinator, then secondly the investigator was that  The investigator expanded on this and said I'll wait the 40 days and see what they come back with then make a decision on next steps at that point, but I want to make sure I've got my facts in the right order before I start arguing with them. They seem to be saying that my SAR doesn't cover the screen shot because it isn't personal data but I disagree. I have a reference number that identifies my complaint and therefore indirectly identifies me. I think that means everything that is held against that reference number, including the screen shot, is my personal data and is in scope of my SAR (subject to exemptions). Who is right?
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • You sure it's a Section 48 notice? Section 48 notice is just telling you who your landlord is. Have they sold and they're just telling you who your new landlord is or is it an actual eviction notice? Might be best scanning it up just in case here.
  • 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
      • 161 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

County Court Claim Form - Loan From HSBC - MKDP LLP Claimant***Claim Struck Out***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3832 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

  • Replies 98
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi GT,

 

The case will be reviewed by a local Judge who will then issue Directions as to how the case is to proceed.

 

There may be a further suggestion that Mediation should take place but that can only happen with the co-operation of the Claimant.

 

:-)

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • 2 weeks later...

We have now received the above N.24 Standard Order for stay for settlement. As you can see it is dated on the bottom 13th September but on the top it is dated 24th September. It was received this morning 28th September.

 

It states that on or before the 27th September one of the paragraphs should be complied with although the claim is stayed until 11th October.

 

Obviously we cannot meet the date of 27th September.

 

We have heard nothing from MKDP LLP regarding this claim and still have no documentation from them at all.

 

We assume that we send another directions questionnaire and draft directions as per post #73. If so we will post them on Monday for them to get there 1st October.

 

Should we ring court explaining that N.24 was not received until 28th September?

 

Will put attachment on in a moment - didn't work 1st time

Edited by gettingthere
Link to post
Share on other sites

Hi GT,

 

I suggest you write to the Court Manager saying :-

 

The court directions form N24 was dated 13th September but was not issued until 24th September and gave a deadline of 27th September.

 

In view of the delay in sending out the directions, I respectfully ask that the deadline be extended to 11th October.

 

As I filed a Directions Questionnaire in August, please confirm if you require another.

 

A copy of this letter will be sent to the Claimant.#

 

You could then write to MKDP saying :-

 

I enclose a copy of my letter sent today to the Court Manager.

 

In view of the court's directions, please confirm whether you are willing to attempt to reach settlement without the court's involvment.

 

Please also supply the information that I requested in my letters dated xxxx and xxxx. If you fail to provide this information, the court will be informed as necessary.

 

:-)

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

We have now received the above N.24 Standard Order for stay for settlement. As you can see it is dated on the bottom 13th September but on the top it is dated 24th September. It was received this morning 28th September.

 

That is the type of thing you would expect from a DCA, not a court !

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

We have sent a letter basically suggested by Slick132 above both to the court and also to MKDP LLP. We have also just as insurance sent another copy of Directions Questionnaire and Draft Directions to the court and MKDP LLP. Hopefully the court will now order MKDP LLP to produce the relevant documentation.

Link to post
Share on other sites

  • 3 weeks later...

Latest update - we have received a further N.24 Standard Order for Stay for Settlement from the court. It is in fact the same one as before but with dates crossed out and new ones inserted. So the claim was stayed until 22nd October (instead of 11th October) and by 22nd October (instead of 27th September) the same steps had to be taken. Again unbelievably this arrived on 22nd October having been posted 1st class on 21st October!

 

As we have already sent a completed directions questionnaire and draft directions to both court and MKDP (as a result of previous N.24) we assume that we need take no further action.

 

Again we have heard absolutely nothing from MKDP.

Link to post
Share on other sites

Hi GT,

 

The courts' actions here are unbelievable.

 

The silence from MKDP is good. They may have chosen not to send you copies of items they have filed at court, but you'll find out in time.

 

:-)

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

So why did MKDP apply for the stay in the first place.. to negotiate ? But they have not contacted you at all !

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

i think it was auto stayed re mediation (usually 28 days min). under the rules, claimant then should notify court of outcome. and if they don't then J can make any order as sees fit in the circs.

 

nb. stay goes back a bit! #64, 79!

Edited by Ford
Link to post
Share on other sites

See if they respond to the General Order then by 4pm 1/11 and if not request the court impose sanctions....strike out............

 

 

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

The saga continues! We rang on Monday 4th November to be told that the Judge had not yet looked at the papers. Then today we get a letter from the court today dated 4th November extending the time MKDP have to respond to the N.24 until 4pm on the 14th November.

Link to post
Share on other sites

I have now seen the 'letter' that came from the court. It is in fact a N.24 General Form of Judgment or Order which says 'It is ordered that The Claimant is to comply with the court order of 23 October 2013 by 4pm on 13 November 2013'

Link to post
Share on other sites

I have now seen the 'letter' that came from the court. It is in fact a N.24 General Form of Judgment or Order which says 'It is ordered that The Claimant is to comply with the court order of 23 October 2013 by 4pm on 13 November 2013'

 

 

There you go then :) It is a shame it doesn't provide for any sanctions should they fail to obey the court.. such as a strike out of their claim :(

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

  • 2 weeks later...

Good news this morning!

 

Another N24 General Form of Judgment or Order arrived. This one states Upon non-compliance with Court Orders 'It is ordered that 1. Claim Struck Out'

 

We assume that this is the end of this particular saga?

 

I cannot on behalf of my son-in-law thank everyone enough for the help that they have given us to get to this stage. In particular I would like to thank Andy for his help throughout.

Link to post
Share on other sites

Well done gettingthere

 

Im delighted for you on this result.

 

Thread title amended to reflect the result.

 

Regards

 

Andy

  • Confused 1

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

Brilliant news :)

  • Confused 1

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...