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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – who were the owners of the house. This was in 1999. We talking about 20 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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citizenB

You have received a Claim - What you need to do. **UPDATED Jan 2019**

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You have received a claim form.

 

firstly - read all the posts in this thread FIRST...

 

then copy this first msg to your thread - and put your answer after each question

 

In order for us to help you we require the following information:-

[if there are more than one defendant listed - tell us]

 

Name of the Claimant ?

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

What is the total value of the claim?

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?

 

Did you inform the claimant of your change of address?


Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?

 

When did you enter into the original agreement before or after April 2007 ?

 

Do you recall how you entered into the agreement...On line /In branch/By post ?

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Did you receive a Default Notice from the original creditor?

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?

 

Why did you cease payments?

 

What was the date of your last payment?

 

Was there a dispute with the original creditor that remains unresolved?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA request to the claimant for a copy of your agreement

(except for Overdraft/ Mobile/Telephone accounts)

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

 

Request 1 - Loans/Credit Cards

 

 

Request 2 - Current Accounts

 

 

You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself.

Please not that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.

 

If you require CPR Part 18 - this will need to be drafted specifically.

 

If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form

 

If you are considering making a partial admittance N9b must be completed and returned to the court.

Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.

 

You have received a Claim - What you need to do.pdf

 

 

Before Printing the PDF TIP

 

If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:

 

Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).

 

Note: This will save you Ink & Paper


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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

 

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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Once you receive a Court Summons N1

 

As a defendant in a small claims case it is important that you act quickly and do not ignore the claim form when it arrives. Remember, the claim will proceed anyway even if you don’t respond. If the claim goes against you, it will be very difficult to make a counter claim as you didn’t respond to the initial small claim.

 

You may be unaware that you are the defendant in a small claims case that a Creditor has bought against you. When the small claims form arrives follow these initial steps:

 

1: Read the Form Carefully

 

The detail about the claim that is being bought against you will be in the ‘particulars of claim’ section. If this section isn't completed, or has the words ‘particulars of claim to follow’ take no action now and wait until you are sent details of the claim against you. You may want to consult a lawyer at this stage.

 

2: Respond in Time

 

It’s vitally important that you respond to the claim for you have been sent. Remember that there is a 19 day (5 +14) time limit on this to acknowledge the claim.You must submit before the 19 days are up, so post your response with plenty of time.If your intention is to defend the claim in full you get a further 14 days to submit your response ...so 33 days in total.

 

3: Talk to the Claimant

 

Just because a small claim has been bought against you and a claim form issued, this doesn’t mean you are not allowed to contact the claimant directly. In fact the court encourages you to try and settle the claim without the need for a court appearance. So, try and resolve your dispute directly with the claimant if you can.

 

Not Responding to a Small Claim

 

If you ignore the small claims form when it arrives this can have an adverse impact on your financial status. The court will continue with the small claims lawsuit that is being bought against you even in your absence as this is a legal requirement. When the small claim is processed you will be sent a bill showing the amount you owe and any additional costs.

The small claims against you is a legal process that will be recorded on the Register of Judgements, Orders and Fines. This information is used to check your credit, so could have a negative impact when you next apply for any credit. To avoid damaging your credit rating reply to your small claims docket as soon as you can.

 

How to Respond to Your Small Claims Form

 

When you received your form from the court you will also have been sent a response pack. In this pack you will see the option that are open to you. These include:

 

• A dispute claim form. You can use this form if you do not agree that you are liable for the small claim being bought against you and wish to submit a Defence.

• Details about how to pay the amount being claimed from you.

• Details about how to admit to part of the small claim against you, and how you can ask the claimant for more time to pay.

 

There are Two Types of Small Claims:

 

Fixed Amounts:

 

If the claim against you is for a fixed amount of money your response pack will contain three forms. Form N9 (acknowledgement of Service), form N9A (admission form) and N9B (defence and counterclaim form).

 

Unspecified Amounts:

 

If the amount being claimed is unspecified you will be sent forms N9 and N9C (admission form) and N9D (defence and counterclaim form). It is vital that you read the accompanying explanatory notes before choosing which form to send back.

 

Paying the Small Claim

 

If you want to make full payment of the amount being claimed against you this amount will be shown on the claim for you have been sent, and will also have details about where to send the money. Don’t forget, this must be done within the 14 day time limit or your case will proceed to the next stage.

 

In some instances you would like to pay, but need more time, you can give details about the delay you would like on form N9A, which should be in your response pack. It’s also a good idea to read leaflet EX309: The Defendant Admits by claim as this gives more details on this aspect of your case when fixed amounts of money are involved. Leaflet EX308 gives details of cases when unspecified amounts are being claimed against you.

 

Also please read forms EX326 and EX160A

 

How to Defend a Claim Against You

 

Disputed claims are handled by filling in the appropriate form from your response pack. You have three choices: Form N9, N9B or N9D. Read the note accompanying each form carefully to ensure you completely correctly. Pay special attention to the allegations raised on the form. If you don’t respond to each the court will assume you are admitting guilt.

Edited by stu007
Updated PDF added
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PLEASE NOTE - WARNING

 

Once you have received your claim form - the Court timetable comes into force. Not that of the creditor or claimant. If you have requested information with them after the claim has been issued - or have entered into discussion with them and they say something like "We will put this on hold for a period of time". You cannot and must not ignore the timetable from the court.

 

This thread should serve as an example

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?416202&p=4547677#post4547677

 

The OP in the case above was in communication with the CAG Vodafone rep. A claim was issued during this time. The Rep in good faith said he would ask the Claimant to put things on hold.... they did not.. the OP ignored advice from caggers to continue with the court timetable and did not submit a defence. The claimaint obtained a Judgment by default.

Edited by citizenB

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

 

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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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1996 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.

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