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    • Homer did say not to contact DR+.   If that's all the paperwork you have, sit tight and see if a letter before claim/action turns up. If you get one - and you may not, come back here and we'll help you to write back.    Or if you get more threatograms, let us know and we'll let you know if you need to take any action. In the meantime don't write to anyone and keep any correspondence for now.    HB
    • Hi DX   That is the only info letter I have we can't locate the first letter or original parking fine notification My wife said there wasn't  anything on the car windscreen. Do I ask the DC for the original notification ?   what shall I do just wait until they pursue through court ?   apologies for lack of info  Cancookwill
    • Hello, I've been following this thread and have some experience to share... Stand by for lots of words.   About 6 weeks ago, the engine seized on my car - 10 days before planning to use it for our 2 week trip around the UK!  I searched the internet for companies who could replace/rebuild the engine and get it back to me in time... One company that came up was 169 UK. I called the number and explained my predicament and the chap on the phone (who called himself Lee - I'm not convinced this was his real name) promised that if the vehicle got to him the next day or so, he'd have it done in time for our holiday!. He gave all kinds of reassurances about the types of vehicles they work on, from Porsches etc, even people from Spain taking their cars to him.. All work came through 3rd party websites (how i'd found them too) so you generally wont find reviews.    I was weary going into this, but you got to put your faith somewhere, right? so off it went on a trailer to Essex. NOW... I'd already asked where it would be going and I also tracked it by leaving a mobile phone hidden in the car. Interestingly, the place i was told i'd be collecting it from was not the same place the recovery guy (called Patrick?) told me he was delivering it to..    Anyway, they get the car and straight away tell me that the sump is full of diesel and that my ECU is faulty and its locked open one bank of injectors - causing the failure. All of this is feasible, but it meant that the car would not be ready in time for my holiday  He also tells me the DPF's (i'm sure it only has one, but he referred to there being more) were also completely blocked solid and needed to be dealt with (in this case, drilled and mapped out - which is also illegal) All of these little extras have now taken the cost from £3500 to nearly £5000  - as he was " putting together a special package for me" I tell him ok, i'm now away for 2 weeks so you have a little more time, i'll collect it when i get back.  I call him on the Friday before we travel home, asking how its going... he says "well, we aven't done it.. you said you were gonna be away for 2 weeks" apparently he marked to dairy wrong. So i call him again on the Monday following, I say I want to collect it that Thursday... not unreasonable. He then starts with the excuses that he has loads of guys off sick at the moment etc.. BUT, The car IS in the workshop and the boys ARE getting on with it. I say, OK.. but keep me updated daily as i need to make arrangements to come and get it. Tuesday passes without a word, so Wednesday morning i txt him asking for an update. He called me back around and hour later to tell me that the ECU they sourced for me is also faulty (they tested it before fitting it as they're nice like that) and it has water damage so he has to get another one, but that isn't going to get to him until the following Tuesday - which brings us up to this week.   Everything up until this point has been feasible if not a little annoying, BUT here is where is gets good...  On Sunday i happened to be in Essex on other business so decided to swing by Basildon and see if i could find my car. Knowing where it had been dropped off before the tracking phone died, i had a good idea where to look. And i also had the address of the garage where i'd be picking it up from. Hoping to not find it too easily - after all, it was being worked on on the Monday; Imagine my surprise to find it in the exact location it had been dropped off 4 weeks previously!  I lifted the bonnet - nothing had been touched.  The amount of dust on the bodywork and distinct lack of any hand prints etc strongly indicated that nothing had been touched and it certainly hadn't been moved in all that time. He may well have taken the ECU out to test but put it back, that's easy to do - but there is now way to tell from there that the DPF is blocked without removing it, or having full access to the ECU - which is faulty, remember?  It had all been LIES.  Now i am annoyed, but informed and he doesn't know that i know he's been lying to me.  I spent the next couple of days talking to various people i know and arranged my own recovery to get the car back - even if that meant effectively stealing it back. Long story short, i had it collected and got it back to me last night.  The guy who collected it went to the garage i'd been told i'd be collecting it from - Unit 28 Noble Square( Essex car and Commercial) and asked for Lee... Low and behold no-one by that name works there and the car (and others parked in the same place) were nothing to do with them! but then one guy did say "oh hang on, i think i know who you mean, let me give him a call"... 10 minutes later, 'Lee' showed up.  My man then had to endure conversation with this charlatan, but did glean some information that might be of interest.  "LEE" doesn't directly do any of this work... he takes on jobs, maybe up to 30 at a time and then farms them out to local garages. This explains why nothing had been done and why so many others get stuck in this net.   I was surprised that he was calm and didn't get the hump about me taking the car back, i still don't really understand what the scam is, but there definitely is one.  I think i've been very lucky that no money has been paid, i owe him nothing and i got out of there.  The amount of mental anguish and anxiety this has caused me has been extreme.  Now i'm back to square one, still with a broken car. But i'm only £500 out of pocket (for the recovery each way) and not £5k that it was supposedly going to cost... at some point, who knows when!     
    • Good luck from me as well Dixon, fingers crossed.    HB
    • Last time, the Judge provided me with, I would say, the most amount of time to speak. She started with HMRC, and they moved on to me. Essentially, since HMRC last responded to me (the original document I scribbled notes on), I feel it's right I should go first and just comment on each of their responses.   I'll leave sending that link to them, just in case HMRC then find something against it. I'll just bring it up, and mention the above quotes.
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found it here post 185 here

 

i thought i read it

 

wonder why dayglo didnt make more of this point

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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good evening voyager9.

 

That particular post was before I learned about the two very different types of 'default' I've posted about this elsewhere but here is one post I made about the two distinct types of default here

 

The first type is as defined in CCA (section 88 - i think) and is a prelude to further action such as debt collection agencies, demands for full repayment etc.

 

The second type is the one that causes you harm and thats the ones that the lenders pass to the CRAs.

 

Both types of default can exist independantly of each other. I've seen many CCA defaults that never made it to credit files and, like vodafone, many defaults on credit files that were never 'issued' under the CCA.

 

That's why I didn't make more of this point. :)

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hi gayglo

 

thanks for clearing that up , i did read about 2 types of defaults but didnt make the connection but there was a lot to read lol

 

i`ll sculk away to the embarrassed corner now lol

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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oops sorry dayglo!!! :o

 

1000 lines for me

 

i must learn to type

i must learn to type

 

i will finish them later :D

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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rofl lol

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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  • 4 weeks later...

HI guys

 

I spoke with the court today - case management told me the case was back from the judge and it looked like they were waiting for my jusgement to be drawn up.

 

he couldnt tell me whether the jusge had granted my judgment and said that the listings department would be able to tell me by the end of the week

 

im really confused now and i am not couting any chickens until there are hatched

 

ill keep you posted!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

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Just got this is the post from the court:

 

I have read the Claimant's letter. I do not see that the Defendant's need to file an amended Defence as it is pleaded in the correct name of the Defendan

 

now, I am sooo confused - my amended grant order stated that they should enter a new defence, I then get an unless order saying ym claim will be struck out if I don't enter new POC's (which I entered at the time of the rewuest) and this is what I get in response to that unless order.

 

What tha fa is going on and where do I stand? lol

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

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un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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  • 2 weeks later...

And..........?

 

You've probably been busy Uniboy but if you get the chance to update the outcome, I'm sure many would appreciate it

 

Some of these threads can get addictive - its like the Saturday morning movies - having to wait till the next episode to find out if the hero survives

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Hi Guys,

 

Nothing has happened yet - no court date, no notihng!

 

Just waiting!

 

PS Sorry for delay with updating!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Hi. Uni.

 

Janet-M has asked me to have a look, so here I am.

 

My thoughts are:

- The judge said the defence could amend their defence if they wished to, not that they had to. So maybe they're not planning to?

- It looks as the judge has confused claimant and defendant here. (it wouldn't be the 1st time, I once got a Tomlin Order showing that *I* was supposed to pay the other side's fees even though I was the claimant and had won! They are just not used to US being at the attacking end!) This would account for the "no need to alter name" thing, I know it looks odd, but I'd bet that's where the confusion comes from.

- Wouldn't it be simpler to send another copy of your amended POC to the judge as requested, and respectfully point out that you had in fact already sent it on xx date? It reads to me that the judge got your N244 asking for permission to file an amended form, and granted you that, but never saw that you had in fact provided said amendment. So now, he's saying: Well, I gave you permission to amend, I'm still waiting, get a move on or else... Well, that's how it reads from my perspective, and it's the 1st time I have seen your thread.

 

So, IMO, and just to make sure you don't fall at a technicality, send the amended POC again, with covering letter respectfully pointing out that you already had done so at xx date. Point out that you, the Claimant in this case, asked for permission to amend the name because the Defendant (T-Mobile (UK) Limited ) denied that they were the same company as the one you were naming in your original POC (T-Mobile Limited), and therefore you felt it better to be safe than sorry, which is why you felt it necessary to amend your claim accordingly, and apologise if this created a confusion.

 

I know you shouldn't have to apologise for his misunderstanding, but he is your judge, and you are pointing out that he got confused, so you want to do it as nicely and meekly as possible. ;-)

 

I may be barking up the wrong tree totally, but I don't think that the course of action I've described can do you any harm, whereas if you don't do anything, you could end up with your claim struck off on a misunderstanding. Or so it seems to me.

 

Hope it makes sense.

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Uniboy needed some advise re his claim and it was impossible for any of us to sift through a 14 page thread looking for the relevant information to advise , we just don't have the time to do this . this is why we ask to keep threads claim related .

I have had to split the thread so can I ask that only hard facts re this claim is posted in this thread and any discussions re the claim be done in this thread

Thanks

 

 

uniboy if you think any other posts should be moved into this thread please give me the post numbers

  • Haha 1

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Uniboy needed some advise re his claim and it was impossible for any of us to sift through a 14 page thread looking for the relevant information to advise , we just don't have the time to do this . this is why we ask to keep threads claim related , though there is some very valuable advice in this thread

 

I have had to split the thread so can I ask that discussions re this claim be kept to this thread only and hard facts relating to the claim be put in this thread by uniboy that way if he needs advice again we have all the information we need to advise at a glance .

 

uniboy if you think any other posts need moving then please PM me with the post numbers

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Hi. Uni.

 

Janet-M has asked me to have a look, so here I am.

 

My thoughts are:

- The judge said the defence could amend their defence if they wished to, not that they had to. So maybe they're not planning to?

- It looks as the judge has confused claimant and defendant here. (it wouldn't be the 1st time, I once got a Tomlin Order showing that *I* was supposed to pay the other side's fees even though I was the claimant and had won! They are just not used to US being at the attacking end!) This would account for the "no need to alter name" thing, I know it looks odd, but I'd bet that's where the confusion comes from.

- Wouldn't it be simpler to send another copy of your amended POC to the judge as requested, and respectfully point out that you had in fact already sent it on xx date? It reads to me that the judge got your N244 asking for permission to file an amended form, and granted you that, but never saw that you had in fact provided said amendment. So now, he's saying: Well, I gave you permission to amend, I'm still waiting, get a move on or else... Well, that's how it reads from my perspective, and it's the 1st time I have seen your thread.

 

So, IMO, and just to make sure you don't fall at a technicality, send the amended POC again, with covering letter respectfully pointing out that you already had done so at xx date. Point out that you, the Claimant in this case, asked for permission to amend the name because the Defendant (T-Mobile (UK) Limited ) denied that they were the same company as the one you were naming in your original POC (T-Mobile Limited), and therefore you felt it better to be safe than sorry, which is why you felt it necessary to amend your claim accordingly, and apologise if this created a confusion.

 

I know you shouldn't have to apologise for his misunderstanding, but he is your judge, and you are pointing out that he got confused, so you want to do it as nicely and meekly as possible. ;-)

 

I may be barking up the wrong tree totally, but I don't think that the course of action I've described can do you any harm, whereas if you don't do anything, you could end up with your claim struck off on a misunderstanding. Or so it seems to me.

 

Hope it makes sense.

 

Hi Bookworm,

 

Thanks for your post.

 

I called the court many times after my order was granted and they actually read out my "POCs" as the new ones, so they were obviously updated, as was the defendant's name, which they confirmed.

 

That's why I was surprised to receive the order and so I have already sent another copy of the amended POCs, along with a coverin letter and a copy of the defendant's letter acknowledging recipt of my amended POCs.

 

I then got the reply from the Judge that they don't have to enter a defence!!!

 

I've had 2 judges give me different orders on this claim and I am no so confused as to what I should do next?

 

Thanks

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Ok, I think don't worry about what he says about the defence, at the end of it, that's not your concern. So forget that part.

 

My worry is that you were supposed to enter those "new" POC by 10th April. So you have a choice of writing to the judge and ask, with respect, why the hell he wants you to write yet another POC, or hope that this was a mistake and that you haven't already messed up by not responding within deadlines.

 

At this point, I really don't know what else to advise, tbh. :-|

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Ok, I think don't worry about what he says about the defence, at the end of it, that's not your concern. So forget that part.

 

My worry is that you were supposed to enter those "new" POC by 10th April. So you have a choice of writing to the judge and ask, with respect, why the hell he wants you to write yet another POC, or hope that this was a mistake and that you haven't already messed up by not responding within deadlines.

 

At this point, I really don't know what else to advise, tbh. :-|

 

Ok, well I did send in another POC and the previous order said if I didn't do it by 10th April my claim would be struck out.

 

The only thing I received in response to that was the defence thing, so I'm guessing they have been reapplied.

 

Should I write to the Judge for more clarification? I'm concerned doing that because I don't want the defendant to think I'm confused, and I should send a copy of the letter to them too, shouldn't i?

 

Thanks a lot for this!!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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*bump*

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Also,

 

got this today from the court:

 

 

Judge [name] has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at [time] pn the [date] at [court address]

 

The court must be informed immediately if the case is settled by agreement before the hearing.

 

The partied shall exchange the following not later that 4pm on the [date]

a) the written statements of evidence of any witness whose evidence is relied on in support of defence of the claim.

 

b) copies of any documetns which a party proposes to reply on.

 

It is importanat to comply with these directions. Failure to do so may result in the hearing being adjourned or the Claim or defence being struck out.

 

Ok, so I'm going to discuss this on the other thread!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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un1boy vs Experian - Default removal

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Also,

 

got this today from the court:

 

 

Judge [name] has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at [time] pn the [date] at [court address]

 

The court must be informed immediately if the case is settled by agreement before the hearing.

 

The partied shall exchange the following not later that 4pm on the [date]

a) the written statements of evidence of any witness whose evidence is relied on in support of defence of the claim.

 

b) copies of any documetns which a party proposes to reply on.

 

It is importanat to comply with these directions. Failure to do so may result in the hearing being adjourned or the Claim or defence being struck out.

 

Ok, so I haven;t said I;m relying on a witness, so I don't need to do that.

 

Do I need to put in my bundle the letters I sent and received?

 

I am claiming that they cannot provide any evidence that I took an agreement out and they are processing my details unlawfully. I also issued a s12 on them, which they have failed to action.

 

May issue now is:

 

1. What exactly should I be putting i my bundle?

2. Should my argumetns relate to my POCs?

3. Should their arguments relate to their defence as I think it is shambolic to be honest and doesn't address any of the points in my POCs

4. Should I write to them and ask to enter into a dialogue? And maybe say that if they remove the data I'll not claim for the money?

 

What you reckon??

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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*BUMP*

 

Guys - any ideas/thoughts/comments?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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*BUMP*

 

Guys - any ideas/thoughts/comments?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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