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    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. 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. 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.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. 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.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
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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

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Yes no agreement numbers I note and points 3 & 4 are bizarre.


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Ok. Is That a cause for concern?

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Their claim is based on agreements...they have not stated which account numbers...hence my advise in post#24 re section 77/78 request.That puts them to strict proof.

 

Re points 3 & 4 I have never heard of an opt out facility with regards to a debt assignment.


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Ahh. I see what you mean.

So their response to my 77/78 request could prove pivotal, right?

Thanks again, Andy

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Ahh. I see what you mean.

So their response to my 77/78 request could prove pivotal, right?

Thanks again, Andy

 

Absolutely because without it they cant enforce...hence my advice of the 10th Oct.


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Wonderful!

I await their response :)

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I have received confirmation this week from them that they have obtained the ccj.

Is that the end of the road for me? Do I have any other course of action open to me?

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I followed your instructions from 10th, but I think the deadline was missed due to the postal delay.

Their letter states judgement was obtained on 24th but I'm sure they must have received my response before then. It was sent recorded so I hope to be able to get confirmation of that.

Forgive me, I really appreciate you taking your time to help me but I'm finding this pretty overwhelming.

Thanks.

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Conformation from who the Court ? have your received a General Order and notice of Judgment?


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Actually no. It's only been them saying that it was awarded.

They wouldn't make it up up would they!? Wow. That's sly!!!

The court have my current address but I've had nothing from them, however, I will contact them tomorrow and ask.

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The plot thickens...

I re -read their letter and it said a copy of the judgement was attached (I hadn't fully digested this first time around) so I figured, well that's it. It's official. But on closer inspection the attached judgment is for somebody else!! Different name, different case number, different amount. A genuine clerical error or a rouse to pressure me?

As yet I have not been able to reach the court to get the official status of the case.

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Check to tomorrow cmab...but you have confirmed my suspicions above...someone else's judgment.:wink:


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A phone call to the court has confirmed that judgement was awarded.

So where does this leave me?

On an aside, I think it's pretty shocking that I have been sent somebody's personal info and that they possibly have mine. :(

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Did you state that you had submitted a defence ? Why did you post it ..did you not use MCOL?


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I think there may be some confusion on my part.

I posted the two letters to p2ps, recorded delivery, as I understood that was what was needed. I electronically returned my other document with my acknowledgement to the court and they emailed confirmation it had been received.

I've not yet been able to get confirmation from the French Post as to when the letters were received, but I'm sure they would have been in time.

Sorry this is proving messy.

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Everything to go through MCOL...... AoS and defence...you did submit a defence through MCOL?


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