Jump to content


  • Tweets

  • Posts

    • The summary is that I collected my van after it was towed, drove it 20 metres and saw a panel come loose, I went inside to report it and immediately emailed them, they have since refused the claim as I had already collected the vehicle.   The story:   - Van towed - Van collected, signed out 12:00 - Van appeared visually to have no new damage, was not allowed to drive it until paperwork signed - Upon driving it a plastic exterior panel came loose (this appears to be from when it was craned onto of truck) - I stopped the vehicle 12:03 and walked into their office to report damage - I emailed photos to head office 12:08 - NSL initially claimed they examined photos and damage was pre-existing - I requested CCTV footage of my visit under Data Protection Act. I provided them a copy of my ID, photo, description of clothing as well as letting them know I was the only member of public/customer on-site for the duration of my visit - CCTV footage denied on basis I "was not recognisable" after they reviewed footage - Initially refused to provide any photos of vehicle - Finally produced 0.3 megapixel images, much too low resolution to see anything, but certainly confirming their claim the damage was pre-existing is false - Refuse to provide original full resolution images despite multiple requests - Latest excuse I was gone 15 minutes and could have caused the damage during this time. Clearly a false assertion given I emailed them within 8 minutes and was in their office within 3 minutes of leaving. - I feel by refusing to provide CCTV footage and full resolution photos they are obstructing my ability to prove they caused the damage   The damaged panel tore off at 30mph while trying to go to have it looked at, luckily no other vehicle was damaged, in hindsight I should have driven with the panel being damaged. But this proves the damage is very unlikely to have been pre-existing as the van couldn't be driven.   So I intend to pursue through the small claims court. My questions are:   - I can't afford to fix the van right now and as it is cosmetic, I can still use it without fixing the panel. Can I get a quote from Renault and claim on MCOL for the value of the repair? - Although I was gone only 3 minutes and drove 50 metres from NSL yard directly to NSL office, I did still take the vehicle before reporting the damage, this was due to the panel being pushed into place (but not secured) and therefore not visible until the vehicle was moved. Will this work against me when making a claim? - Does their repeated lying (first claiming it was pre-existing, then falsely claiming I was gone 15 minutes and could have caused the damage then) work against them? - Does withholding CCTV where I was the only non-high vis person on-site on the basis I was not "identifiable" work against them (clearly I was identifiable, I was the guy without high vis on) - Does failure to produce any original images, just very compressed images of the van before and after towing, work against them?   How strong a case do people think I may have?   I have exhausted their complaints process.   Thanks in advance for any thoughts on this.
    • I have recently managed to get rid of some historical debt as it became statute barred and thought I had gotten rid of old debt. However, I have received a letter from a firm of Solicitors chasing the recovery of fees for a timeshare we bought in 2010 privately from the previous owner. We have visited it once and paid fees once in 2011. I have not communicated with them or paid anything since 2011   As far as I am aware, I haven't received any communication from the Timeshare company or the representatives for probably 5 or 6 years. The total debt is £3670.    Is this type of debt subject to the same rules as any other debt, i.e. a default has to be issued 3 months after last payment becomes overdue and can it be statute barred or am I going to have to pay it as it is timeshare rather than a traditional debt. I still have the timeshare but am now actively looking to get rid of it.   Thank you. 
    • Today I got a refund of £25 from Packlink. I have also submitted a claim form with Hermes, as you suggested.   It pays to be tenacious.   Thanks for your advice.
    • Hello there,   My wife (62) has advanced arthritis on both hands and wrists (inherited from her mother's side of the family).   She left her job as a youth carer in January of this year because amongst other issues with her inability to work they pushed her into office and admin. However, with her arthritis, writing or using computers became impossible. As nearly all jobs available requires some use of hands, which she is unable to do, what benefits would be available to her. Does my wife qualify for anything?   Other info. She does have arthritis in all areas of her body, but for example she is able to walk reasonable distances, sit down comfortably for reasonable lengths of time, etc. She also suffers from psoriasis (which may have played a part in her condition).   A friend of hers owns a wine bar and offered her a job (not too taxing) but it required her to carry wine bottles and glass which was OK-ish for the first 60 mins but then became impossible for her to do.   Any help or advice greatly appreciated.   cheers sidley
    • I think it will be very helpful to let people know more detail about these debts. Who is the original creditor? How much was the debt for? When was the debt incurred? When did you last make any payment or acknowledgement of the debt
  • Our picks

cmab

Overseas CCJ advice

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2205 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have just received a form N1 claim (CCJ) on behalf ofZopa for £1, 500. My husband and I are now living in France, no longer UK resident, this claim has come out of theblue, sent to our old UKaddress. In the year we have been here we have found it difficult to organisemoney and banking. We are notfinancially able to pay it off, due to my husband being out of work, but do not want to shirk our responsibilities.We are up against a deadline due to them not having our overseas address. I feelreally concerned and worried about this. We are very much in the dark as to howto respond at such short notice. Should we phone/email or have we time to fillout the form and send it back to them? Is there any advice on the bestimmediate course of action?

Share this post


Link to post
Share on other sites

Did the claimant know about your change of address?

 

Can you provide more info on the debt and the history of it?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Hi

Thanks for your speedy response

 

No they didn't know about change of address, it slipped under the radar due to an oversight on my part.

The debt is a small loan over five years that has about a year left on it. Prior to leaving England it had been 100% up to date with no late payments.

Share this post


Link to post
Share on other sites

Canyou give us more detail of the debt? WHo is after the CCJ? Was teh debt sold on? How much is it for? Any charges/insurances that could be reclaimed?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites
Canyou give us more detail of the debt? WHo is after the CCJ? Was teh debt sold on? How much is it for? Any charges/insurances that could be reclaimed?

 

I think it's a company called P2PS Limited. So I'm guessing that means it was sold on as up till now I had never heard of them. The loan was Zopa originally. They are now claiming just shy of £1700

We didn't take insurance, but I have no idea if there are charges that can be reclaimed. Sorry to be vague.

Share this post


Link to post
Share on other sites

Well, you need a full itemised breakdown of the debt for a start.

 

Since you have had the papers, you need to make sure you acknowledge the claim form using the info on it, otherwise they will get judgement by default. There are a LOT of unanswered question here and you need to get to the bottom of it.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

This needs to moved to the legal forum. I will ask site team to do this.

 

Can you just dispute the jurisdiction of a UK court dealing with a claim that relates to the consumer credit act, being that you were a resident of France at the time the claim was issued by 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

 

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

Share this post


Link to post
Share on other sites
Well, you need a full itemised breakdown of the debt for a start.

 

Since you have had the papers, you need to make sure you acknowledge the claim form using the info on it, otherwise they will get judgement by default. There are a LOT of unanswered question here and you need to get to the bottom of it.

 

Ok. I will acknowledge it straight away. If I've understood it correctly I can do that online so that's good.

The unanswered questions - do you mean things that I should know about this claim? For instance, how would I know if it was sold on? And what charges could be reclaimed? I know about ppi (which we declined), but I don't know about any other unfair charges.

Thanks again for taking the time to help me.

Share this post


Link to post
Share on other sites
This needs to moved to the legal forum. I will ask site team to do this.

 

Can you just dispute the jurisdiction of a UK court dealing with a claim that relates to the consumer credit act, being that you were a resident of France at the time the claim was issued by the claimant ?

 

Sorry and thanks. I figured the debt section was the right place but I'm new here.

 

I have no idea if I could dispute it. This is all new to me and quite a shock. At the moment I'm just feeling overwhelmed, but I'm willing to listen to any help and suggestions.

Share this post


Link to post
Share on other sites

Hello there.

 

I'm a bit confused about your reference to P2PS. Zopa is a peer to peer lending company, where individuals lend to other individuals, normally at rates that are more favourable than the banks.

 

I don't know more detail, but I understand that P2P means peer to peer, so maybe the loan is still with Zopa. Always happy to learn more though. :)

 

My best, HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites
Hello there.

 

I'm a bit confused about your reference to P2PS. Zopa is a peer to peer lending company, where individuals lend to other individuals, normally at rates that are more favourable than the banks.

 

I don't know more detail, but I understand that P2P means peer to peer, so maybe the loan is still with Zopa. Always happy to learn more though. :)

 

My best, HB

Well, reading the paperwork again I think you're right. There is a long list of names of ppl with cash amounts next to them.

So if Zopa still have the claim and haven't sold it on is that a good thing? Where in the bundled paperwork would I find out for sure?

Share this post


Link to post
Share on other sites

Sorry, I missed the bit about moving this to the legal forum, which I'm about to do. I'll leave a short term redirect to follow from this forum.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

If you could type out the particulars of the claim oleg (verbatim) and the name of the Solicitors representing?

 

What date is on the claim form?

 

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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

Is this what you need? :-

 

 

Brief details of claim

The Defendant entered into agreements ("the Agreements") with lenders (the Lenders") for the loan of sums of money. The Lenders, who have Assigned their rights to P2PS and the amount of money that each lent is set out in Schedule 1 attached hereto. All of the Agreements contained the same terms a copy of which is set out in Schedule 2 attached hereto.'

Share this post


Link to post
Share on other sites

And the date cmab ...are there any attachments with the N1?


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

 

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

Share this post


Link to post
Share on other sites

Dated 15th September

Against claimants solicitor it says N/A

Share this post


Link to post
Share on other sites

Yes. Three attachments.

Schedule of lenders

Loan conditions

Zopa principles

Share this post


Link to post
Share on other sites

So no Solicitor they represent themselves.......

 

Ok so you have 33 days in total 5 deemed served so acknowledgement of service was the 3rd October and you have done it today (7 days late) any defence should be submitted by the 17th October if not too late.


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

 

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

Share this post


Link to post
Share on other sites

Thank you Andy,

So I'm hoping that I can contest jurisdiction. Is that the right route for me to go?

What happens next?

Really appreciating all the help :)

Share this post


Link to post
Share on other sites

You need to check firstly that your AoS has been accepted...you are 7 days late.You cant contest jurisdiction the summons has been issued here in the UK...pertaining to when you did reside here.

Last known address is considered good service and as you have stated you did not inform them of a Change of address.

 

You can defend this easily but you need to sort the AoS out first and hope they have not already attained judgment by default.

 

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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

Thanks Andy

A phone call has confirmed they have not attained judgement at this moment.

I'm pleased that you think I can defend it easily... But how?

 

Thank you

Share this post


Link to post
Share on other sites

Now you start to explore and break their claim down...can you scan in the attachments (less any identifiable data removed).

 

The particulars you have posted you state " brief " we need to know word for word what they state.

 

Type into the the search box above CPR 31.14 and use this template to request further information referred to in their particulars....the agreement the notice of assignment and statements to verify the amount claimed.

 

Send this recorded delivery to the claimant and also send a section 77/78 request separately this is a legal request for the agreement..they have 12 +2 days to comply.The CPR request is free but you will have to enclose a £1 Postal Order in the section 77/78 request (letter N in the templates library.Head the request " We/I do not acknowledge any debt with your company "

 

As stated send both requests by recorded delivery and retain proof...print name ...no signatures.

 

 

Get on with that today and then we will move on into the process.

 

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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

Thaïs brilliant! Thanks very much for your guidance.

Will report back with progress :)

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...