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    • The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; they were by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
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    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 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 Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes 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 was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 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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Court date - opinions please?


Gizmosgal
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Hi there,

 

Having successfully won back £1600 against Halifax, I thought I'd try with Barclays for a paltry £165 (but still better than a kick up the bum!). I thought it would be easier but oh how wrong I have been...

 

I did everything right with regards to prelim, LBA, Moneyclaim etc. and have now got a court date through for 29th Dec. I figure they won't show but I have to get the bundle to the court by 15th Dec.

 

My problem is that I have a newborn baby and I really don't have the time to get the bundle together (i.e the hassle of editing, printing and photocopying all that stuff). I am very tempted to drop it the day before the deadline if they haven't settled by then, which obviously I'm hoping they will.

 

My question is whether anyone else has been in the same boat - i.e have Barclays settled before they have to get their supporting docs in or do they actually bother going through this process?

 

Any advice would be greatly appreciated as I am majorly stressed with this, thankyou.

Halifax settled in full almost £1600 Aug '06

Barclays settled in full £156 Dec '06

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Hi

 

I think this is particularly strange given the level of charges you are claiming for. Unfortunately, there is not a deal we can offer you in terms of the likelihood of them settling at this stage, since it is effectively a rare occurance.

 

I would imagine that if they have submitted a defence and an Allocation Questionnaire and a date has been set for the hearing, they are quite likely to offer some sort of bundle. If you don't, in expectation that they buckle, then you reach the date for exchange without having anything to offer and it will be them who gain the upper hand.

 

Remember that they will be unlikely to offer a great deal of paperwork, so submitting it will not be a great problem for them. I would think it far more likely that a settlement would come your way AFTER the exchange of documents and in that respect, the more you can provide, the better.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Thankyou Jonni,

 

I am reading other posts here with disbelief - plenty of people have been successful for much higher sums at earlier stages - so why are Barclays being like this with mine when I'm only claiming £165?!

 

I will try and get the bundle together but with a small baby it's hard enough to find time to post this, let alone all the work that I'll need to do.

 

Thanks for the advice

Gizmosgal

Halifax settled in full almost £1600 Aug '06

Barclays settled in full £156 Dec '06

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No, Barclays seldom settle earlier, in fact, they have it down to a T now to settle betwen 1 and 5 days before the hearing.

 

They have also failed on every single occasion to submit a bundle of their evidence 14 days before hearing as they're supposed to.

 

They are not being particularly hard-assed with you, Barclay's have ALWAYS taken it to the wire, and in fact, up to a few weeks ago, they had a reputation they were harder to deal with than other banks... Not true at all, they just are better at holding out till the last minute, that's all, in the hope people will give up.

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I just like to say Barclays seem to have developed a new tactic in the last few days. Quite a few claimants (me included) are being offered full settlement about 3-4 weeks before hearing dates so it is possible you may get an offer prior to submitting paperwork. Of course, there would be no guarantee that this would happen. It so happened that the day I posted my court bundle I arrived home to an offer of full settlement so in effect all those hours preparing the bundle were pointless.

 

Good luck and fingers crossed you receive a full offer soon.

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Thanks guys - does anyone know what would happen if I didn't submit a bundle?

 

Do you really want to test the system by not preparing the bundle on time? It seems a risky thing to do especially as you are so so close to the end of the matter.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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Hiya,

 

Got letter from Barclays this morning refuting the claim - but 'as it would be too expensive to go to court' they will settle in full with interest plus my court fees!!

 

Hurrah!

 

Thanks for the advice to those who replied.

Halifax settled in full almost £1600 Aug '06

Barclays settled in full £156 Dec '06

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