Jump to content


  • Tweets

  • Posts

    • 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.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

lowell/overdale claimform - old Shop Direct CAT debt - Now Wiped out by my Court Charges Reclaim **WON**


Ftgab19
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2524 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

No worries Andy

 

I've just rang up Salford and they said the defendant filed AOS on the 25/11/2016. But I haven't received anything in the post yet from the court or from Littlewoods legal team.

 

Do I now wait for there timeline to file a defense to run out or should I of heard from the court before then?

 

Thanks

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

Link to post
Share on other sites

  • Replies 358
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

The court should really copy you in with each status...AoS/Defence submitted...etc...which you require to know as to how you proceed...anyhow as they have acknowledged service they therefore have the full 33 days ...so if the court do not serve their defence on you or inform you of the progress simply check again nearer the time and if no defence has been submitted request judgment...if they do file a defence then the court must inform you and serve a copy so you can decide if you wish to proceed to allocation.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks Andy

 

So they now have until the 28/12/2016 to file a defense or do I need to take into account Christmas holidays when working out the timeline with it being December?

 

Thanks

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

Link to post
Share on other sites

Yes just allow 1 extra day..Christmas Day

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 3 weeks later...

Update

I rang the court today at 16:25 and Littlewoods still hasn't filed a defence.

The man on the phone said I can file a Request For Judgment by email and told me to send it to [email protected] and to put Request For Judgment in the Subject box.

Also to put the details of the defendant and claimant in the message.

Do I need to fill out and scan the Request For Judgment on the Notice of Issue form

or is there a form I can download to put in the email?

Thanks

Andrew

Update

I've found the N225 form online and I've uploaded it here.

Please let me know if I've got the interest wrong or anything.

Thanks

Andrew

RFJDDDd.pdf

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

Link to post
Share on other sites

Only one months section 69 ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Sorry Andyorch

I only put interest from the 10/11/2016 to today because it asked "Interest since date of claim"

I only put whats owed since I filed the claim.

Do I need to add the £117.45 from the 05/04/2015 to 10/11/2016?

Because I've already added that in to the amount claimed bit on the form.

Thanks

Andrew

Would making the following changes fix it?

Change the amount admitted to £912.56

Change the interest period to the 05/04/2015 to 29/12/2016

Change the total interest to £128.98

Thanks

Andrew

Bump

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

Link to post
Share on other sites

Was the interest added upto the point of issuing the claim and is that included in the total?

It should be whats on the claimform plus s69 since claim date

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

I put what's owed plus interest to the date of claim in amount claimed. The same number I put on the n1 form total. The £11.54 was the interest I worked out I was owed from the date I claimed to today.

 

Do I need to change anything?

 

Thanks

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

Link to post
Share on other sites

Hi Andrew

 

The one month will be correct ...it will add it to the existing judgment amount...which will already include the full section 69 up until judgment.

 

Regards and apologies for the confusion.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

No worries Andy.

 

I'll change it back to one month like it was before you asked about the interest.

 

I'll email it and let you know when I get a response from the courts.

 

Thanks

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

Link to post
Share on other sites

Since I'm sending it now on the 30th should I change the date in the form?

 

Thanks

Andrew

 

Makes no odds they work from the date of judgment...irrespective of when you date /submit the N225

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Right okay Andyorch

 

I've sent it off and got an email back saying its been received and they'll respond in 10 working days. Is there anything else I need to be doing? I still haven't received anything from Littlewoods.

 

Thanks

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

Link to post
Share on other sites

Leave it in the hands of the Court Bailiffs now they will keep you updated of the progress.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

So can littlewoods not do anything now even if there defence turns up. Is there deadline finished?

 

I know they was supposed to have it in be the 29th, but I'm I right in thinking that since my RFJ has been received by the court there deadline is over.

 

Thanks

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

Link to post
Share on other sites

Even post judgement, littlewoods have the option to set aside. Judgement may not necessarily be the end of it.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

Update

I rang the court today and Littlewoods defence still hasn't arrived and my RFJ was received but isn't on the system yet.

I also had two letters today one from Littlewoods and one from Lowell Financial.

The one from Littlewoods is dated the 22/12/2016 but had a 2nd class stamp saying delivered by the 28/12/2016.

Inside is their defence and Lowell's letter was dated the same and had a cheque for payments I've sent them since July.

I think they've sent the cheque because Littlewoods took the debt back from them.

I'm not really sure what to do with the defence since the court still hasn't got it yet.

I'll upload the two letters for everyone to see.

 

Thanks

Andrew

LF + Defence.pdf

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

Link to post
Share on other sites

there are no relevant sections of the signed agreement that mention charges at all

 

 

its their T&C's that mention charges

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi dx100uk

 

I was trying to find my copy of the agreement to check what it said but as you've said it's not in the agreement its in the T&C's.

 

How should I move forward with this, should I wait until the court gets back to me about the RFJ or do I need to respond to Littlewoods?

 

Also should I cash the cheque from Lowell or wait until the case is over?

 

Thanks

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

Link to post
Share on other sites

post 167 attachment mentions charges but not what they are..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Update

I got a letter today from the court saying the claim has been defended and they think it's suitable for allocation.

The notice is dated the 03/01/2017.

I thought that since the RFJ was received by the courts on the 30/12/2016 they wouldn't be able to defend the claim because the timeline ran out.

Is this an error or do I need to follow through with the claim?

Also the letter came with a mediation form and directions questionnaire but didn't come with a copy of Littlewoods defence like the notice states.

Thanks

Andrew

Notice 03.01.2017.pdf

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

Link to post
Share on other sites

They will allow a few days grace....so the claim is proceeding to allocation.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

You can complete an N180 online and print it out, i would have it ready to go but before sending ring the court to ask where the defence is as it was nit attached as per the NoA.

If the court advise a defence has been filed and one will be sent then you send an N180 to the court and also serve one to the defendant by the deadline and keep a copy for your file.

The RFJ is quite irrelevant now, even if it were processed due to the defence being late, the defendant could easily set aside.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...