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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
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Hi New to forum need advice regards CCJ

 

Have letter from country court judgement entered against me regards debt £11.000 to BW Legal.

 

Have been sent judgement for claimant (In default) and appeal form n244.

 

I filed a defence but missed deadline.

 

Requested information from BW Legal no response.

 

I do feel there has been an abuse of process regards this claim.

 

They have written letter saying that a statutory demand was delivered to my address,

 

By a Receivables company.

 

This did not happen, as I was at home for the appointment no one called.

 

I also believe this debt is time barred as I have not had any contact with Lloyds bank for over 6 years.

 

They have written here (Home address for a couple of months last year.

I have also not been served or received a default notice from the company, BW Legal but

 

on the claim form is states a default notice has been served and not complied with?

 

I am appealing this judgement

any help

Thanks

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Hi and welcome to CAG.

 

I have moved your thread to the legal forum where the guys will be along to help as soon as they are available.


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If you could tell us a little more re the debt/claim Volkswagon and have a read of the link below.

 

Have you retained copies of the claim/defence?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

Because you acknowledged the claim but failed to submit your defence on time ...this is known as an irregular judgment and therefore the court must allow set a side...hence the inclusion of the application notice N244 to facilitate this.

 

Regards

 

Andy


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Hi Andy

Have you retained copies of the claim/defence yes kept all paper work

Claim is for bank charges from Lloyds TSB,

 

agreement signed over 20 years ago.

 

Did make claim for illegal selling of insurance, regards credit cards and sickness insurance, informed claim would be kept on file.?

 

Posse did get a letter last year stating account, has been passed to Lowell portfolio who have instructed BWlegal. to collect take action

 

date on judgement for claimant letter 7th Aug 2014

 

Anything else ?

Thanks Ricky

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No that's fine if you would rather not post defence and their particulars of claim then just submit the N244 with a draft direction requesting set a side...the fee is £155.

 

Andy


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Hi Andy

Have no problem posting the particulars of the claim. New to this site and still working out where and how to post items. The Particulars are:

The claimants claim is for the sum of £11,000 Being monies due from the defendant to the claim under a financial services agreement regulated by the consumer credit act 1974 between defendant and Lloyds tsb bank PLC

 

 

Under account reference No 22013########### and assigned to the claimant on 04/07/2013. Notice of which has been given to the defendant.

The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

The claim also includes statutory interest pursuant to section 69 of the county courts Act 1984 at a rate of 8.00% per annum ( A daily rate of 2.11 from the date of assignment of the agreement to the date of issue) Being the amount of 763.82.

My defence was not read by the courts because missed deadline. Need advice regards defence on form 244?

 

 

Thanks Ricky

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The n244 is quite simple to complete.

 

The order you are requesting is :-

 

That the judgment be set a side...the claim was dated xxxxxx you aknowledged service on the xxxx and your defence was submitted xxxxxx but deemed received late.Therefore as you aknowledged service of the claim it is regarded as an Irregular default judgment.. Pursuant to CPR 13 (PD13.2) you respectfully request that the judgment dated xxxx be set a side for the aforesaid reasons.

 

The rest of the form is self explanatory...but you should attach a draft direction requesting the same as above but with the inclusion of requesting costs in this application.

 

Regards

 

Andy


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Hi Andy

Understand first part and second part. Do I have to say what (how much) costs amount is in my draft? hopefully will submit form next Monday.

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No not the figure...just put " Costs in this application" on the draft order ...not on the N244.


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Thanks Andy

And after this has been returned I will then get a date for a hearing near my home address.?

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Thanks Andy

And after this has been returned I will then get a date for a hearing near my home address.?

 

You should :wink:


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Good afternoon Andy

Have completed 244 and will send later today or first thing tomorrow, I have to phone the court to pay the fee, would it be possible to PM you later regards this matter, for more advice ?

 

 

Ricky

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Good afternoon Andy

Have completed 244 and will send later today or first thing tomorrow, I have to phone the court to pay the fee, would it be possible to PM you later regards this matter, for more advice ?

 

 

Ricky

 

Prefer you ask here VW...unless there is a specific reason it cant be.

 

Andy


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Hi Andy

no problem will ask here.

Have sent N244, Have letter from BW Legal states: They have received my request for documentation under s78 of the consumer credit act 1974. They have referred my request to their client who will have to request information form original creditors (TSB) The account will be placed on hold until the information requested is provided and which will be forwarded to you upon our receipt of the same. They will try to ensure the documents would be with me in 12 days. I did send a request for this information before the judgement. My Defence to the court was that I could not plead as I did not have all the facts regards this claim, Defence. is also that this claim is time barred.

Thanks Ricky

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Thats fine Ricky...they now know you are setting out your stall...wait for your hearing date.

 

Regards

 

Andy


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Couple of quick Qs to clarify, VW – when the claim came, did you actually acknowledge receipt to get the extra 14 days? I can’t see any reference to this from you, so I think this has been assumed rather than stated, but it’s a very important point.

 

Also, puzzled as to why BW Legal refer to a section 78 request when this appears to be a bank account? What was this in reply to – your information request in respect of the claim form, or a more recent separate request?


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Hi Andy

here are the points.

 

 

I missed the deadline regards asking for an extra 14 days.

I opened an account on government website gateway and asked for an extension at this time. I believe at the time of the request I thought I had the 28 days in total.

 

 

BW Legal acknowledge receipt of my request for the documentation request on the 4th August, Judgement dated 7th August. This was my request, regards information about the claim. I do not have much information from BW legal. Only 3 letters. And yes the claim is regards my old bank account with the TSB. The letter from the court states the claim arrived late and had the 244 form with it.

Sorry if I have misled you. I was totally confused before joining this forum.

 

 

VW10

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Hi Andy

Any news regards this latest information. Having read the threads I do think I have messed up not hitting the dead line to acknowledge the claim. I also was never served with a final demand.

 

 

Thanks Ricky

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If you did acknowledge service on time (within the 19 days of service from the date on the claim form) then you will have had an extra 14 days to prepare and submit a defence.

 

Could you expand why the court attached the N244 to the claim form...type out the letter verbatim or scan it in...we cant surmise its contents.

 

Regards

 

Andy


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