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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • UsedCarMan
      Lowell/Shoes SPC Claim Forfar Sheriff Court - Old Newday Credit Card.

      By UsedCarMan · Posted

      Are these the important pages I need to upload ? 1.  pages 1-4 are court form 10a 2.  2 pages of the CCA agreement  3.  Default notice from NewDay, 22/02/20 4.   Lowell letter stating they own debt ,     Dated 16/11/20 5. Unheaded letter also dated 16/11/20 from NewDay saying they assigned “all of the respective rights etc,”  to Lowell on 23/10/20 I make this 9 relevant pages from what I can see   ( all other pages are statements/default notes and lots of FCA info sheets) just needing your confirmation in advance as I don’t want to send over pages that are not required thank you  UCM      
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      my Leasehold/Freehold property and it's issues.

      By HP Mum · Posted

      Just out of curiosity aesmith - are you a lawyer?
    • HP Mum
      my Leasehold/Freehold property and it's issues.

      By HP Mum · Posted

      I spoke to a pro-bono entity this afternoon.  They advise I must initiate a claim in the court v the receiver if I want to then file an application for an order for sale.  I must have a claim/ proceedings to be able to force a sale. The judge in the current proceedings  has told me that I cannot force the lender to sell and the lender cannot interfere either.   If the receiver isn't acting correctly and isn't selling - this means I must make a claim against the receiver I could initiate a claim. Or much quicker  - the other entity - with a charge already - could use that to make an application for an order for sale.
    • GB_Joe
      EPC ANPR PCN - Overstay - Solent Retail Havant Car Park, PO9 1ND

      By GB_Joe · Posted

      Thanks Dave It's not too far away, about 8 or 9 miles, so I will probably venture over on my bike if I can't think of a good reason to drive there again! I'll have a chat with Mrs GB_Joe tomorrow and see which shops they visited, I know M&S was on the list (had to try on multiple sets of trousers!) and they are actually in that bit of retail park. The uniform shop is across the way in the Meridian Centre, so probably not helpful to get them involved.
    • lookinforinfo
      PCM PCN - Royale Leisure Park - W3 (London)

      By lookinforinfo · Posted

      As they have failed to deliver their original PCN you will need to send them an SAR where they should provide that PCN. It should show the address they used . If it is not your current one that would explain the non delivery. If it was correct then perhaps the Post office messed up. A more cynical view would be that UKPC didn't send it so that you couldn't claim the reduction. It appears that UKPC have been there for some time  but I have been unable to find any pictures of their Notices.The leisure park itself is pretty big so while some parts maybe give 5 hours free parking other parts may have restrictions like permits. I haven't been there for years -I went  to Nandos and the bowling centre . I am surprised that they are now infested with UKPC as the place is plenty big enough not to require their dubious services. If you live not to far away it would help if you could get some legible pictures of their signs. Be carful to park in an area that doesn't require a permit and take photos of the entrance signs, the five hour sign and the permit only sign as well as any other signs that are different from the previous signs. Also if their is a payment machine could you please photograph that.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Judgment issued now defendant's solicitor sent me a letter***Success***

LC0210

By LC0210
in General Legal Issues

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LC0210

LC0210

Posted
Posted

Hi,

 

As part of a house renovation I had to have a sprinkler installed in my house to comply with Building Regs.

I contracted a sprinkler company to do this in June 2015.

 

 

They told me it would be installed as I neared the end of my renovation so it was done on the 30th November 2015.

 

 

Unfortunately the following morning after the installation I came into the house (we are not living on site)

to find water on my kitchen floor (their pipe connection to the mains water was under my kitchen sink)

and in half of my living room (open plan room).

 

 

I immediately contacted the sprinkler company but since that event they have not been responding to my e-mails

or phone call bar one e-mail to say that they do not accepting liability for the cost of damages.

 

I issued a claim against them via he MCOL on the 5th February 2016 for £4.5k.

Their deadline to reply was the 24th February 2016. I did not hear from them.

 

I e-mailed the court after this date to see if they had received a response and they replied to say no response had been received.

 

On the 8th March 2016 I called the court about what to do

and they told me that I could enter a judgment against them.

After the call I completed the form to enter judgment and it was issued on the 9th March 2016.

 

Yesterday, 11th March 2016, I received an e-mail from their solicitor with the below:

 

"Please find attached a copy, by way of service, of the Acknowledgment of Service

that we have today filed at the County Court Business Centre.

 

So that we take full instructions from our insured and insurer clients

please confirm whether you are agreeable to our client having an extension to file

and serve their Defence to your claim.

 

 

In accordance with the Civil Procedure Rules, t

he parties are permitted to agree an additional 28 days for service of a Defence without the Court's permission.

 

Please confirm whether you can agree to our client serving their Defence by 4pm on 5th April

so that we may notify the Court accordingly."

 

Can anyone explain what this letter means?

If Judgment has already been issued then what is this letter for

and why would I want to give them an extension to file a Defence

when they should have submitted or acknowledged the claim when it was first issued to them?

 

Any views and advice would be greatly appreciated.

Thank you!

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AndyOrch

AndyOrch

Posted
Posted

Hi LCO and Welcome to CAG

 

 

The defendant has missed the boat and is now requesting time pursuant to CPR 15.5 to extend time to submit a defence.....pity they didn't acknowledge service first.:-)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15#15.5

 

Regards

 

Andy

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LC0210

LC0210

Posted
  • Author
Posted

Hi Andy,

 

Thank you so much for your quick reply.

 

What if I don't agree to this request? I am just thinking why should I helpful considering the lack of response I've received from them since the leak happened that they caused.

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AndyOrch

AndyOrch

Posted
Posted

You cant help they are too late...all they can do is make application to set a side..providing the 19 days had expired when you requested judgment.

We could do with some help from you.

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LC0210

LC0210

Posted
  • Author
Posted

So shall I reply to say I don't agree. It then sounds like from your reply that they will put in an application for the judgment to be set a side, is that correct?

 

In my Judgment form I requested to be paid by the 22nd March 2016.

 

Am I correct in my thinking below?

If that is the case they will complete the set a side form and submit their evidence to the Judge for him/her to decide whether or not to grant this request.

If the Judge decides their evidence is not strong enough then the default judgment will still prevail and they need to pay immediately as it would be after the 22nd March 2016.

If the Judge decides their evidence is strong enough then I will be informed and receive an allocations questionnaire to move it to the next stage.

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AndyOrch

AndyOrch

Posted
Posted

No need to respond or do anything until such time an application is made to set a side (which you will be served notice of if they do ) just concentrate on executing your judgment for now.

We could do with some help from you.

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LC0210

LC0210

Posted
  • Author
Posted

Ah, I see Andy. I've given them to the 22nd March to pay. If I don't hear from them to ask for my bank details by this date I can technically on the 23rd March apply for a warrant to enforce the judgment?

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AndyOrch

AndyOrch

Posted
Posted
Ah, I see Andy. I've given them to the 22nd March to pay. If I don't hear from them to ask for my bank details by this date I can technically on the 23rd March apply for a warrant to enforce the judgment?

 

:thumb:

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AndyOrch

AndyOrch

Posted
Posted

It will assist others if threads contain a conclusion

We could do with some help from you.

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Ganymede

Ganymede

Posted
Posted
So the judgment was issued on the 9th March so they need to wait 19 calendar days from this date before they can request for the judgment to be set a side?

 

Have you actually obtained judgment or did you merely request it and are waiting for confirmation that judgment has been entered?

 

I would call the Court to clarify because if the Court hadn't entered judgment at the time the Acknowledgement of Service was received then the Defendant may get away with it and your request for judgment could be rejected.

 

Better safe than sorry!

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AndyOrch

AndyOrch

Posted
Posted
Have you actually obtained judgment or did you merely request it and are waiting for confirmation that judgment has been entered?

 

I would call the Court to clarify because if the Court hadn't entered judgment at the time the Acknowledgement of Service was received then the Defendant may get away with it and your request for judgment could be rejected.

 

Better safe than sorry!

 

" On the 8th March 2016 I called the court about what to do

and they told me that I could enter a judgment against them.

After the call I completed the form to enter judgment and it was issued on the 9th March 2016. "

We could do with some help from you.

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Ganymede

Ganymede

Posted
Posted
" On the 8th March 2016 I called the court about what to do

and they told me that I could enter a judgment against them.

After the call I completed the form to enter judgment and it was issued on the 9th March 2016. "

 

I get the impression that the OP sent his request for judgment form on 9th March, not that this was the date the Court actually granted default judgment. I don't know of any Court that efficient!

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AndyOrch

AndyOrch

Posted
Posted

Northampton is...when you consider electronic submissions?

We could do with some help from you.

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  • 1 month later...
LC0210

LC0210

Posted
  • Author
Posted

Hi,

Just wanted to let you know what happened.

 

I replied back to the Solicitor to let him know that judgment had already been issued and asked him to advise the sprinkler company to pay. He wrote back requesting for additional time for him to take instructions from the sprinkler company and warned that they wanted to appeal the court's decision. I replied back agreeing to give the Solicitor an additional week and also gave him the details of what happened, from my point of view, and the evidence I had and again asked him to advise the sprinkler company to pay. A few days later the Solicitor replied back to say the sprinkler company are paying up. I have the money in my bank account!

 

I will be happy to make a donation to this amazing site and would like to say a big thank you to Andy and the rest of the Consumer Action group for your help. Your quick reply, even though it was Saturday, give me the confidence and knowledge to know how to respond to the Solicitor's letter.

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mikeymack2002

mikeymack2002

Posted
Posted

A very nice result and conclusion. It goes to show if you start something and follow it through you can get the result you wanted in the first place and that was to be paid.

 

 

Well done!

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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AndyOrch

AndyOrch

Posted
Posted

Delighted that this has been resolved for you LC0210

 

Thread title amended to reflect the outcome.

 

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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