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    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Moved home and they were the current energy supplier  Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No 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. Debt assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Changed supplier What was the date of your last payment? Never  Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
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claim against me struck out, now it's back on?


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Hi all

 

I had a claim against me from a DCA which I defended. I received a letter stating the claim was struck out.

 

Received a letter today staring that case has been transferred to my local court ( not Wrexam ).

 

I logged into MCOL and posted below is the claim status. I thought the claim was done and dusted but it seems not.

 

Can anyone shed some light on what I should do next or is it a case of waiting for a court date?

 

 

A claim was issued against you on 09/12/2013

Your acknowledgment of service was submitted on 14/12/2013

Your acknowledgment of service was received on 16/12/2013

Your defence was submitted on 03/01/2014 at

Your defence was received on 06/01/2014

Defence was struck out on 25/07/2015

Your defence was rejected on 25/07/2015

The claim issued against you was struck out on 06/11/2015

Your claim was transferred to WREXHAM on 17/12/2015

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I bet the letter didn't say the claim was struck out

but your defence was struck out.

 

 

dx

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... 

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No it definitely said the claim was struck out. I logged into MCOL site and it shows it was struck out on 6/11/2015?

 

 

 

A claim was issued against you on 09/12/2013

Your acknowledgment of service was submitted on 14/12/2013

Your acknowledgment of service was received on 16/12/2013

Your defence was submitted on 03/01/2014 at

Your defence was received on 06/01/2014

Defence was struck out on 25/07/2015

Your defence was rejected on 25/07/2015

 

'The claim issued against you was struck out on 06/11/2015'

 

Your claim was transferred to WREXHAM on 17/12/2015

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Determindator

 

I'll be very upset if they were allowed to appeal. As you can see by the dates, they missed the deadline to forward the case after receiving my defence. And then get my defence struck out 18 months later!

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Well it looks like they are saying your defence was rejected - but then goes on to say that the claim was struck out.

 

I think you need to contact the court to see what is going on. Perhaps start with MCOL, then Wrexham

Edited by citizenB
missed information

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Can you get a screen shot of the information on MCOL ?

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

1: How can BCOBS protect you from your Banks unfair treatment

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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That's what it says on MCOL site, I copied and pasted it.

 

I received a letter from Wrexham yesterday saying case had been transferred to my local court.

 

I'm assuming it got struck out because I replied to defence struck out letter and they were told to supply my CPR requests. They missed the deadline (again ). I'm wondering if they have found a loophole i.e. getting a court date and hoping I don't turn up?

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Claimant may have made application to set a side or vary and get it back on track...and they have failed to inform you ?

 

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

 

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  • 4 weeks later...

Hi

 

I have been working abroad and have come back to a very thick bundle of papers from solicitors concerning this claim and I'm very confused.

 

It seems that Andy was right and they are requesting the court set aside.

 

Amongst everything is a witness statement from a solicitor.

 

It's saying that the courts messed up and shouldn't of struck out the claim.

They are saying I failed to file a Directions Questionnaire and that's why they got my defence struck out.

 

I have never been asked to file a Directions Questionnaire and if you check the MCOL timeline I posted in a previous post,

you can see there is no mention of it on the timeline.

 

The conclusion to the witness statement says:

 

The court is respectfully requested to set aside the order and the claimant would kindly request that the judgement is awarded in their favour pursuant to the Application.

 

 

As stated above, the defence was struck out pursuant to the order, entitling the claimant to judgement in the claim.

 

In the alternative, the court is requested to reinstate the proceedings to allow the claimant to continue the claim against the defendant.

 

The hearing is in March and I don't know what to do, if indeed I can do anything?

 

They have also added £2500 to the original claim for solicitors fees!

 

Any ideas anyone?

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If perhaps you could scan the courts paperwork/application notice /witness statement (less any identifiable data) and we can see what we are dealing with...you should be able to submit a witness statement in response...which we can assist you to prepare.

 

Regards

 

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

 

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Thank you for your quick response Andy.

 

I'm in a hotel at the moment and all I have with me is my phone and a tablet. Am I able to do that with one of these appliances and if so could someone advise me on how to do it. Can Itake photos and somehow upload them?

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You can but there's no rush...better with a scanner when you get home.

 

Here the instructions anyway...without scanner using an image

 

 

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

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

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Thank you for your quick response Andy.

 

I'm in a hotel at the moment and all I have with me is my phone and a tablet. Am I able to do that with one of these appliances and if so could someone advise me on how to do it. Can Itake photos and somehow upload them?

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yep that's ok but you've left things that can ID you on them.

 

 

i'll remove them and put them up in a minute or two once I've redacted them

 

 

dx

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... 

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1st lot done

 

 

be better to upload as pdf and redacted if you could

but if you cant

then simply photo them

and then send them to me

and i''ll make sure they are ok.

 

 

an email address is coming via a pm

 

 

dx

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... 

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Hi

 

Okay many thanks I have read your upload...this really hinges on 2 points...you failed to submit your DQ ? The claimant avers that they submitted theirs on time ? The court has made an error in striking the whole claim out ...or have they...it all boils down to whether the claimant can prove they submitted their DQ on time.

 

Regards

 

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

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I sent in my defence in Jan. 2014 and i can honestly say that i heard nothing more about it until i received a letter in July 2015 saying my defence had been struck out. I answered that letter saying the claiment had still not provided the cpr requests in my defence.

 

I think, but I'm not certain, i received from the courts a copy of a letter sent to claiments telling them they had a certain time to provide me with the cpr requests.

 

The next letter i got was the letter informing me the claim was struck out.

 

Sadly I i no longer have any of the correspondence, I stupidly thought that was the end of it and threw it away.

 

Also can i ask if they are allowed to add solicitors costs of £2000 plus £500 court costs?

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Depends which Track we are in ...what was the value of the claim?

 

Just rolling back to your last post...are you stating that once you submitted your defence.....you never received a Directions Questionnaire (N180 or N181 subject to the value of the claim) ?

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

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