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    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
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July

Arrows/Drydens.. CCJ set a side?***Claim Discontinued***

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Hi all

 

There seems to be a glitch in the other sub forum i wanted to post in so posting in here

 

I was wondering if anyone has had any success with asking the creditor who issued the CCJ that if i agree to pay will they agree to the set aside.

 

Just a bit of background: (short and sweet) was issued this back in Nov 14, i never received the original claim but received the default CCJ. After some research i understand this cant be a reason to have the CCJ set aside by going down the normal route.

 

I'm still very new as to what to do to be honest

 

many thanks for taking the time to read :-)

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I have relocated your thread to the Financial Legal forum :)

 

I have also alerted others on the site team who will be able to advise.


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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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Thank you citizenB :-)

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Out of interest, if you were to apply for the set aside, what type of defence would you be thinking of putting forward ?

 

As you say, the fact that you didn't receive the original claim, wouldn't be sufficient - unless this was a case of you had moved and the claimant was aware of the new address.. but used an old address for the claim but amended it in time for the default judgment ?


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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Hi

The defence I was thinking of using was the statue barred.

 

The court said (when i called them after receiving the default) it was sent to my current address.

I didn't get this as i would have entered a defence.

 

I then sent off an SAR,

i received a bundle of paperwork,

most of which i couldn't make sense of.

 

Some letters they said they had sent, didn't even have my name or address on. Just templates of letters.

 

There were also some with payments made in 09 and said paid by direct debit.

I know i never paid by DD.

I, at first always paid by postal order but am certain no payments were made in 09.

 

To be honest i would rather them agree to the set aside and then I can pay

 

reading some of the set aside stories on here it may seem like i will have a fight on my hands

as im not really very knowledgeable on this matter

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I wouldn't trust drydens as far as I could kick them.

 

and you don't need to involve them if you want to set this aside.

 

the letters will be a template

they are not obliged to keep 'originals'

only a note in the account log that the letter 'was sent'.

 

on this SB defence ... if the CCJ was issued nov 2014

then the claimform would have been issued sometime late sept 2014

 

so you would have needed to have not paid anything after say june 09 to be safe.

 

however

 

we need to know:

 

1 what was the type of credit was it

 

2. who was the Original creditor

 

3. who was the claimant on the CCJ


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

 

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Hi

 

Yes ive heard they can be a tad sneaky!

 

1. It was a catalouge

2. Shop direct

3. Arrow global Gurnsey Ltd

 

I will dig out the paperwork to get the exact date they have claimed the last payment was made.

 

I did send an original set aside back in October

 

 

...i sent it without payment, and all the wrong information on the form as i panicked and didn't know what i was doing.

 

I have tried research and then buried my head in the sand a little hoping it would go away and causing sleepless nights,

 

 

so i really appreciate any help you can give me

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did you ever SAR shop direct to get all the statements?

 

 

why do you need the CCJ gone?

mortgage?

 

 

dx


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

 

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Ah...no i didnt, i never even thought of that tbh

 

Yes a mortgage and a job change as ill be moving...so it will really affect my life if i leave it

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well I'd get on that then

 

if you can prove it was SB'd as post 7

 

then you can get it set aside

and poss have to pay nowt!

 

there have been a couple of set asides recently on SB debts whereby the defendant got their £155 back too I think

 

there is no harm in ringing shop direct and asking too


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

 

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Yep i will do that!!!

 

Ill send them an SAR and see what matches up with the other stuff i received from drydens.

 

Leave it with me and I will come back and update

 

Many thanks for your help :-)

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Hi

 

SAR sent off this morning.

 

Just another quick question.

 

After reading some CCJ set aside threads on here,

should i wait for the paperwork to come back to me

and then apply for the set aside or do it before then?

 

I'm a bit wary that this CCJ was entered in November and its coming to the end of April.

 

I do however have some stamped paperwork from the original set aside application (which was filled in wrong) sent back

and said NOPE! Wrong...try again!

 

Maybe that could be of some help....that I tried???

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I would gather every piece of info first

then set aside after help from here

 

 

dx


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

 

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Thank you dx :-)

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Hi

 

The paperwork from the SAR i sent to Drydens initially, should this have contained a CCA?

As looking through it all, there isn't one.

 

Have been looking through some other posts and cant quite clarify if this needs to be sent off for separately.

 

 

I understand it can be pointless after a CCJ has been issued

so just seeing if its something worth pursuing.

 

I have however requested a copy in the SAR sent of to the OC

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theres no actual remit for an sar to contain a CCA

though many do.

 

however drydens def would not have had it

as they like all DCA's/Debt buyers

 

issue 1000's of speculative claims each week

hoping for a non contested default judgement

without needing to even have any paperwork

other than a line in a spreadsheet

that is used to auto generate the paperwork.


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

 

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What you need to establish is, if it was statute barred prior to the date of issue of the claim.


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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Yep you're right....ill see what the SAR from the OC says when it arrives and go from there.

 

I think im jumping the gun a bit

 

Thanks again

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Hi

 

Ive had a response from the OC

 

'We are unable to trace a valid account number with the details provided'

 

I have had a look through some old paperwork and managed to find a letter from these guys and is is the correct account number.

 

Not sure what to do next

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urm ..so they got this CCJ nov 14 but he OC cant find anything.

 

 

nudging was already SB's in my book...


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

 

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yep that's my thinking. The paperwork i received from Drydens show some payments made in 09...ill have to dig them out to make sure. I'm thinking could they have made them up?

 

What would you suggest my next step is?.......Contact drydens and ask for the specific details of the payments made?

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phantom payments always appear

and typically always in august!!

 

 

dx


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

 

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I wonder why August....I'm beginning to realise how sneaky and underhand these people can be.

 

Ill write to them asking for all details and proof of the payments made in 09, see what they say

 

Thanks dx

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Do you think i should also CCA them?

 

I know CCJ supersedes a CCA request but if im gathering info so i have as much info as possible for when i apply for the set aside

 

Apologies for all the questions...i know you guys must be busy

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cant hurt

 

 

why don't you ring shop direct

catch them unawares.


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

 

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