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    • Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
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Lloyds/SCM Claimform - old Loan **sorted out by way of consent order **


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Hi again,

i've recieved all my replies. Basically CPR 31.14 (very late) request consists of a 'copy of the loan agreement', no DN, no FD.

I've recieved a reply to CPR 18 request which confirmed my suspicions. They do not know the date of the loan agreement. I'd also asked them if they held a copy of the loan agreement (i asked this as i had not had a response to my CPR 31.14 request). They confirmed they had sent a copy of the loan agreement under section 78 and there is no requirement for them to send the original.

I never asked under S78 (it came as my cpr 31.14 request) ,i'm aware there's a slight mistake there anyway.

 

There was a slight crossover with the timing of me recieving the late 31.14 request and me asking part 18 questions.

 

Further to the part 18 request they want to hurry me along with submitting my Income and expenditure they want to know which way they are going and if they need to ask the court to allocate a hearing.

 

I have filled in a income/ex form with CCCS (step change), i do have another outstanding debt of a credit card. Total debt 10k. The outcome of the CCCS form is that i need to go on a DMP, i can do that with them as its free. I'm guessing i'm to far down the line now though ? My payments to creditors (2) would total £80 a month.

I'll send it off to them anyway.

 

Anyone got any guesses as to what will happen next? I've filled in the DQ and the mediation form that i will accept mediation. I get the feeling that the sols want to rush through some sort of consent/order or what ever.

 

Anyone else been in a similar position,any advice at all ?

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they replied to your requests, thats good.

as yours is an internet application post 07, an accurate recon would prob suffice? double check though.

allocate a hearing for what?

assuming they have also requested mediation, then there will be the courts mediation service. opportunity then to come to a mutual arrangement if desired. even if that is unsuccessful, can still negotiate. you don't have to send them your full IE details at this stage if you don't want to. could negotiate on what you can afford per mth as per the cited IE.

at this stage a monthly payment arrangement would usually be by way of a consent/tomlin type order?

Edited by Ford
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I'm happy to give them my IE and lay my cards on the table. Problem i see (or maybe i'm making it up in my own head) is that i still have another creditor (who has not taken me to court yet), so i'd assume payments have to be spread fairly ? As such, i don't have a "proposal", i'd prefer them to make one based on my IE. We may stalemate on this, so thats where the Mediation will come in hopefully. I'll put all this in the letter (if they don't read it here first !! :lol: )

 

The agreement is a very bad reconstruct, and thats putting it mildly. Firstly if i scanned it as is there is no way you would identify me or my address, the boxes for figures as so distorted compared to the figures within it that it just looks really wrong. There are timed and dated marks (top left hand corner) of i presume when it was faxed (2010) and yet the latest terms and conditions have been overlaid. or appear to be. They state Lloyds banking group, whereas i know they used to say Lloyds TSB Plc. And apart from that you can tell its all been hoofed together.

 

I'll get the letters off to them and see where we go.

 

They'll still have to address the issue of the counter claim though. WOuld it be more helpful if i was to detail more what my counterclaim is about in here for some advice?

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Agreed, if you let us know what you intend to counterclaim for that would be good :)

 

You are correct, if you have other creditors, your disposable income should be shared pro rata between those creditors. It looks to me as though this creditor taking you to court is attempting to prioritise their claim over your others.

 

Do you own your home ? They might be attempting to obtain a charging order.

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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

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Sorry if i never made it clear, i have already counterclaimed.I done that when i filed off my defence. They have not addressed this yet. I have claimed for a modest sum in compensation for breach of statutory duty under BCOBS.

 

It relates to them taking a loan payment from my current account (administered by the same claimant), in breach of the loan terms and conditions and putting me into an unauthorised overdraft for it . Then piling on charges ontop of charges whilst i was ,and told them, i was in financial difficulty. (Out of interest i'd never had an unauthorised overdraft in my life).

 

It took them 10 months to finally refund the charges, the account was closed and i was still left a bill of £400 plus, which doesn't add up to any letters or figures provided by them.Nor the statements i have left, they never sent any after they closed the account even when charges where added on. They washed their hands of it and told me to contact the FOS.

 

How long have they got to respond to counterclaim, it was recieved by the Court on the 6th November ? And i know they have recieved my defence which was served on the Court on the same date 6th November.

 

I do own my own home, so it maybe a charging order they're after?

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They will have the same amount of time as you did to respond to their claim.. which is 28 days.

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

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They have 14 days to respond (AoS is not applicable to PT20s) ...normally a response should be made with the claimants response to the defence.(within the standard 28 days) if they fail to respond the claim is stayed.

Liability then rests with the defendant Part 20 claimant to lift the stay and proceed with the counter claim....its then up to the claimant to attack the application and respond or suffer default judgment for the defendant part 20 claimant.

 

Regards

 

Andy

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Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by MCOL CCBC.So there is no requirement to present any documentation pre claim.

 

Look at CPR 1 Overriding Objective :-

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part01

 

Then consider that this debt has not been assigned to a third party (albeit you have made payments which may have not been accounted for).

 

The agreement is relatively new 2010 so I would state that 99% they will have the correct paperwork.

 

Creditors are not required to retain a hard copy of the Default Notice...just proof that one was served from their internal systems.

 

Have you ever requested a copy of the loan agreement by way of a section 77 request?

 

Regards

 

Andy

 

Hi Andy, many thanks for all your advice. As it goes the claimant has neither a copy of my credit agreement(they don't evem know what date it was) , a copy of a DN notice, or a Final demand. I could scan you a copy of what they produced as a CCA and without any redaction you wouldn't identify me. It looks like i'm the 0.01% that you didn't account for.

If i'd of stuck to the info in the sticky i'd of asked for the claim to be struck out if they didn't comply. Based on you saying they may send a barrister to resist such an action i never followed through with my request. Bad move on my part.

 

I've submitted a defence, one i now know i needn't have done. Even on the flip side, even if they had all the docs then they wouldnt of sent a barrister (in my opinion) they'd of just complied or been struck out. Well what if they did indeed have them? Then they'd of complied.

 

Luckily for me my defence leaves a lot of doors open to me and there are still other avenues open to me for them to produce the particulars of claim. I think your advice Andy was bad. It goes against the advice in the sticky too.And seeing as you are respected here as a legal guru and you advise different it leaves posters in a quandry, (or at least me).

 

I ignored the sticky advice over yours as the sticky is old and your advice was current.

 

Leaving aside what i feel. The forum should should do something about a situation wherby there is a sticky for advice then the 'advisors' proffer different advice. And make no mistake, you are proffered as a legal guru.

 

I write this reluctantly as i do appreciate you give your time freely and without obligation, but also i write it as some one taking your advice and i heeded the reference to you being some sort of expert. And its left me with a problem.

 

Also i guess that as any thread have loads of views i find it hard to believe that many people reading them have not had similar experiences, and there is no answer as to ........example...what might happen?

100+ views and not a response? Maybe everyone who has been to court and read has no info to share? So who's reading the posts?

I've tried to ask my questions as..what are my options, so to get a wider view .

 

Notwithstanding what i've said i'll keep this thread updated, even if its an example of what not to do. Yeah i'm feeling miffed. If its not enough to deal with people chasing your arse the last thing you need is independants having a nip at it too.

 

As an aside i'm over 50, i'd had my bank account for well over 20years without a problem, probably over 30 years to be honest. Yes i got a loan, yes i got into difficulties. Yes i contacted everyone and told them. Somehow Lloyds shut down on me totally. I opened another bank account and to date have had no problem. Where might the problem lie on balance of probabilities ?

Maybe i've just lost my marbles and decided to mess about with the only bank account i held in my whole life and have now started a new one as i'm fickle?

 

Ok i'm ecxasberrated by the whole thing, and worried.

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Hi Andy, many thanks for all your advice. As it goes the claimant has neither a copy of my credit agreement(they don't evem know what date it was) , a copy of a DN notice, or a Final demand. I could scan you a copy of what they produced as a CCA and without any redaction you wouldn't identify me. It looks like i'm the 0.01% that you didn't account for.

If i'd of stuck to the info in the sticky i'd of asked for the claim to be struck out if they didn't comply. Based on you saying they may send a barrister to resist such an action i never followed through with my request. Bad move on my part.

 

I've submitted a defence, one i now know i needn't have done. Even on the flip side, even if they had all the docs then they wouldnt of sent a barrister (in my opinion) they'd of just complied or been struck out. Well what if they did indeed have them? Then they'd of complied.

 

Luckily for me my defence leaves a lot of doors open to me and there are still other avenues open to me for them to produce the particulars of claim. I think your advice Andy was bad. It goes against the advice in the sticky too.And seeing as you are respected here as a legal guru and you advise different it leaves posters in a quandry, (or at least me).

 

I ignored the sticky advice over yours as the sticky is old and your advice was current.

 

Leaving aside what i feel. The forum should should do something about a situation wherby there is a sticky for advice then the 'advisors' proffer different advice. And make no mistake, you are proffered as a legal guru.

 

I write this reluctantly as i do appreciate you give your time freely and without obligation, but also i write it as some one taking your advice and i heeded the reference to you being some sort of expert. And its left me with a problem.

 

Also i guess that as any thread have loads of views i find it hard to believe that many people reading them have not had similar experiences, and there is no answer as to ........example...what might happen?

100+ views and not a response? Maybe everyone who has been to court and read has no info to share? So who's reading the posts?

I've tried to ask my questions as..what are my options, so to get a wider view .

 

Notwithstanding what i've said i'll keep this thread updated, even if its an example of what not to do. Yeah i'm feeling miffed. If its not enough to deal with people chasing your arse the last thing you need is independants having a nip at it too.

 

As an aside i'm over 50, i'd had my bank account for well over 20years without a problem, probably over 30 years to be honest. Yes i got a loan, yes i got into difficulties. Yes i contacted everyone and told them. Somehow Lloyds shut down on me totally. I opened another bank account and to date have had no problem. Where might the problem lie on balance of probabilities ?

Maybe i've just lost my marbles and decided to mess about with the only bank account i held in my whole life and have now started a new one as i'm fickle?

 

Ok i'm ecxasberrated by the whole thing, and worried.

 

 

 

Even if you had asked the claim to be struck out there is no guarantee it would have been. I think you're being harsh.

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So are you saying Andy has giving bad advice or the sticky is wrong?

 

Thats what i'm after clarity on. They can't both be right?

If Andy says its a risk to follow through a CPR request with an action to stay/strike out whatever then the sticky advice should be updated to reflect that.

Whats the point in someone reading that sticky them to find out later that there's a risk and really you've wasted your time.

In my own case i should of stuck it out as they have nothing, and i've defended.

I'm sick of reading and worrying, i feel about to give up or get a brief !!

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Oh, the other thing...its said here...."they don't have to produce a copy of the DN". Again whats the point of asking for it then?

 

 

It isn't a case of them "not having to produce a copy" of the DN. They simply wont have kept a copy. They are template letters in which variable information is input. Probably done remotely by a computer programme. They should however, be able to produce their communication log/diary of events - which shows that a template has been produced on such and such a day.

 

It is actually in your favour if they are unable to produce an exact copy of what they say they sent you, inasmuch as they will not be able to say with absolute certainty that the details such as the arrears value, the remedy date, or even the inclusion of statutory wording.. was correct.

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

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Ok, well the AQ has been sent off. I sent a N268 to sols for them to prove the docs at trial, even though they answered in the negative for the DN and FD. I didn't want to get to the stage later on and find i missed a chance to ask them to prove. Also asked them to prove the agreement that they are unsure what date it was made on.

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Even if you had asked the claim to be struck out there is no guarantee it would have been. I think you're being harsh.

 

Yes maybe i sound harsh, i don't mean to be. I just find it hard to believe , or rather understand, that so many people when i read all the other threads, have been in the same or similar situations. No one seems to post up even an experience...don't do that i tried that, don't do this or this'll happen..... its really left to a few guys who know the procedures. I'm aware people are cautious about telling you what to do, no one seems to offer options/outcomes? Maybe its more realistic just to ask for the claim to be stayed until they comply, no one seems to want to discuss?

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Guest Angel235

I think they will rely on the docs they have provided and if you disagree then it will go to trial where the judge will decide if they do or not

 

As you have sent the dq now it will go to a hearing unless you agree to settle?

 

Well that's what I think will happen I'm no legal expert!!??

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Yes maybe i sound harsh, i don't mean to be. I just find it hard to believe , or rather understand, that so many people when i read all the other threads, have been in the same or similar situations. No one seems to post up even an experience...don't do that i tried that, don't do this or this'll happen..... its really left to a few guys who know the procedures. I'm aware people are cautious about telling you what to do, no one seems to offer options/outcomes? Maybe its more realistic just to ask for the claim to be stayed until they comply, no one seems to want to discuss?

 

I know, right? It's almost as though practising law required expertise, skills and experience that only a few people actually possess. At the end of the day you must have known that you were not going to get the best legal advice from a public forum run by volunteers who are not supervised by lawyers. You are and always were at liberty to actually pay for legal advice elsewhere.

 

This does raise an interesting and, frankly, at what point are some people on the forum practising law without being insured, regulated or accountable for their mistakes?

Edited by Andyorch
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Guest Angel235

Also do you feel brace enough to stand up in court in front of a judge and barrister and fight your corner because the site team will not be there to guide you

 

And all this case law people reel off when asked in court to explain do you think you could?

 

It's very easy I guess for people to say do this wrote that recite that but it all comes down to ,' do YOU (US) understand it?

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I think they will rely on the docs they have provided and if you disagree then it will go to trial where the judge will decide if they do or not

 

As you have sent the dq now it will go to a hearing unless you agree to settle?

 

Well that's what I think will happen I'm no legal expert!!??

 

Well i've opted for the mediation service as well, i'd prefer to sort it rather than going to a trial. Mediation will address my counterclaim too ? Theres over £500 gone adrift from my current account ?

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Also do you feel brace enough to stand up in court in front of a judge and barrister and fight your corner because the site team will not be there to guide you

 

And all this case law people reel off when asked in court to explain do you think you could?

 

It's very easy I guess for people to say do this wrote that recite that but it all comes down to ,' do YOU (US) understand it?

 

I've had success doing it at a Magistrates for motoring charges with success so i don't feel too daunted by it. I'm ok with the research i've done, its just if they take me off on a tangent i might be lost.

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