Jump to content


  • Tweets

  • Posts

    • p'haps not the best thing to do just use the N244.and the ex160 let them sort it out don't complicate things..   don't worry about the bailiffs there isn't really anything they can do there is no right of forced entry upon consumer debt CCJ enforcement.    
    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
  • Our picks

today

Claim on the Crown incorrectly served

style="text-align:center;"> Please note that this topic has not had any new posts for the last 767 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

The fact that this Notice of Issue is used thousands of times is a further reason why it should provide correct information in all circumstances. It happens that claims against the Crown are a minority and that the Notice of Issue should be amended to reflect also the rules concerning the service of claim against the Crown. I will be simple to add a paragraph to the Notice of Issue which in additional of saying that the claim form should be served on the defendant within four months of the date of issue will say also that for claims against the Crown the claim form should be served on the defendant’s representative

 

The Notice of issue that I have received is the N205A Notice of issue (specified amount) (& request for judgment) that I invite you to upload from the Internet to have a look at it.

Share this post


Link to post
Share on other sites

It would be helpful if you could upload the N205A, today, please.

 

HB

Edited by honeybee13

Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Please find attached the N205A Notice of issue (specified amount) (& request for judgment)

n205a-eng.pdf

Share this post


Link to post
Share on other sites

I see legal people are hovering, today, but I can't see any information on what you uploaded.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

The relevant passage of the N205A Notice of issue (specified amount) (& request for judgment) that I have attached in my previous post is in the Notes for Guidance where it is stated

 

" The claim form must be served on the defendant

within 4 months of the date of issue ( 6 months if

you are serving outside England or Wales).You may

be able to apply to extend the time for serving the

claim form but the application must generally be

made before the 4 month or 6 month period expires."

Share this post


Link to post
Share on other sites

The claim forms were sent back to me by the court so that I served them myself because I asked this in my claim form. However if I would not have asked this the court would have served the claim forms itself.

 

Therefore there is another issue which puzzles me which that in the claim form it is asked the address the defendant but not the address of its representative so the issue is how the staff of the court when they received my claim form would have known to which address to send the claim form to the defendant's representative if I would not have asked that the claim form are sent back to me so that I served them myself? Unless there is something that we have not understood in this story

Edited by today

Share this post


Link to post
Share on other sites

If you want to proceed, i think you just have to get with it, rather than debate it here for days. The longer you leave, then the time delay issue gets worse.


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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

Share this post


Link to post
Share on other sites
The claim forms were sent back to me by the court so that I served them myself because I asked this in my claim form. However if I would not have asked this the court would have served the claim forms itself.

 

Therefore there is another issue which puzzles me which that in the claim form it is asked the address the defendant but not the address of its representative so the issue is how the staff of the court when they received my claim form would have known to which address to send the claim form to the defendant's representative if I would not have asked that the claim form are sent back to me so that I served them myself? Unless there is something that we have not understood in this story

 

 

The address for service is clearly requested in the bottom left box on the front page of the N1 Claim Form.

 

You're really reaching for excuses now.

Share this post


Link to post
Share on other sites

In the bottom of the first page of the N1 form it is stated

 

“Defendant's

name and

address for

service including

postcode”

 

i.e. the defendant ‘s name and not the name of the representative of the defendant. Obviously if it is the name of the defendant which is asked it is also its address which is asked and not this of its representative

 

Moreover in the second page of the N1 form it is stated

 

“Claimant or claimaint’s legaI representative's

address to which documents or payments

should be sent if different from overleaf including

(if appropriate) details of DX, fax or e-mail”

 

We notice this time that it is made reference to the address of the representative

 

In this condition I think that if the court would have served the claim form instead of me it would have sent it to the address of the defendant and not to this of its representative and the defendant would have passed it to its representative as usually we do. This is a mystery if we consider that CPR 6.10 says that the claim form should be served on the defendant’s representative and not on the defendant itself.

Share this post


Link to post
Share on other sites

You're making it very difficult to help. If you already know all of the answers why are you here?

 

To clarify, the Court will only serve at the address you put in that bottom left box on the Claim Form regardless. It is for YOU to put the correct service address and comply with the CPR, not for the Court staff to check it and do it for you.

 

For example, you should have put in that box:

 

Ministry of Justice

C/O Government Legal Department

One Kemble Street

London

WC2B 4TS

  • Haha 1

Share this post


Link to post
Share on other sites

As said above, it is the responsibility of the Claimant to ensure the details on the claim form are correct.

 

Have you taken any steps to correctly serve these proceedings on the solicitors yet? In my view the longer you wait after the four month deadline, the more difficult you will make any application for service out of time if the MOJ takes issue (although the suggestion in your first post is that they invited you to serve proceedings on them, and so will not take issue if you do it correctly).

 

Until you send that claim form to the solicitors, strictly speaking it has not been served.

Share this post


Link to post
Share on other sites

For what it's worth I think the GLD are giving you an opportunity to correctly serve the proceedings so as they aren't seen to be taking advantage of a Litigant in Person's procedural error...

Share this post


Link to post
Share on other sites
You're making it very difficult to help. If you already know all of the answers why are you here?

 

Absolutely. The OP needs to make it clear if they want:

a) advice (as they are showing no sign of taking it!), or

b) validation of their viewpoint.

 

There seems little point in asking for a) and being given advice, if the OP is only going to accept b)

Share this post


Link to post
Share on other sites
For what it's worth I think the GLD are giving you an opportunity to correctly serve the proceedings so as they aren't seen to be taking advantage of a Litigant in Person's procedural error...

 

I told the OP on the first page to contact the Government Legal Department and ask that very thing.

 

In fact it was in my very first reply.

Share this post


Link to post
Share on other sites
I told the OP on the first page to contact the Government Legal Department and ask that very thing.

 

In fact it was in my very first reply.

 

Yea I know I saw that a couple of days ago :) I stayed quiet hoping the OP would address it...

Share this post


Link to post
Share on other sites

I am going to send an email to the defendant’s solicitor asking him if he will take issue if I serve late on him the claim form and if he will not take advantage of this to make an application to strike out my claim

 

However I will be surprised if he will not take issue because I do not see why he will act in a way which is contrary to its client's interest because it is in the interest of his client that he does his best to strike out my claim if he can.

 

Moreover the court can on its own initiative also strike out my claim if the claim form was served on the defendant’s representative out of time

 

I am gathering the greatest number of pieces of evidence in my favour in case I need to make an application under CPR 7.6 for an extension of time. Therefore in the meantime I would like to reply to the Ganymede the following

 

The term C/O that you use means that the claim form will be sent to the Ministry of Justice i.e. the defendant which will be responsible to passed it to the Government Legal Department which is at another address. This means that the claim form will be served on the Ministry of Justice which will pass it to its representative as usually we do i.e. the Claim form will be served on the defendant and not on its representative contrary to CPR 6.10. Obviously this is confusing and complicated. Therefore we have to accept that the fact that that it is made reference in the bottom of the first page of the Claim Form N1 to the name of the defendant and to the address for service means that it is made reference to the address for service of the defendant and not of this of its representative

Share this post


Link to post
Share on other sites

You are wrong, sorry.

 

To comply with CPR 6.10 you should have put the name and address of the MoJ care of the GLD exactly how I wrote it a few posts ago.

 

I really don't know why you are trying to argue these meaningless points and not simply calling the GLD.

Share this post


Link to post
Share on other sites

Just send them the claim form, 'by way of service' (ideally do this by post and email), at the same time as asking them if they intend to take issue with late service. Then it is served.

 

The end result of your claim being struck out for being out of time for service, is that you have to issue proceedings again. It doesn't stop you from bringing a claim entirely (unless your claim is now statute barred under the Limitation Act). So, that means that the MOJ will just be awaiting another potential claim, that is inevitably going to be served correctly and therefore will have to be dealt with at some point in the future.

 

It is almost certainly more beneficial to the GLD and their Client if all is dealt with now.

Share this post


Link to post
Share on other sites

It seems to me strange that a claimant has to use the term 'C/O' because most of the people even not know what it means

 

it will be careless for me to serve my claim out of time without the agreement of the LGD or permission of the court because my claim could be struck out at a hearing and I could be ordered to pay the cost of the hearing

 

Unfortunately I cannot issue another claim because it is now statute barred

Share this post


Link to post
Share on other sites
It seems to me strange that a claimant has to use the term 'C/O' because most of the people even not know what it means

 

it will be careless for me to serve my claim out of time without the agreement of the LGD or permission of the court because my claim could be struck out at a hearing and I could be ordered to pay the cost of the hearing

 

Unfortunately I cannot issue another claim because it is now statute barred

 

So, it appears you know what you want (and feel you have) to do. What is your outstanding question (or are you merely hoping for validation?)

Share this post


Link to post
Share on other sites

Firstly I would like to know if I can add anything to my application for an extension of time which could increase the chances that I will get this permission. Secondly if what I say in my posts is wrong I would like you explain me why so that I amend accordingly the witness statement that I am writing for this application. Thirdly to know how to properly explain my arguments in this witness statement

Share this post


Link to post
Share on other sites

How did you get on with ringing the GLD, today? From what I read from the experts on this thread, the clock is ticking for you.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

As I predicted the LGD refuses to do me such a favour. So now I have no choice but to make an application either under the overriding objective of doing justice which is to save time and money for an order from the court considering that the claim form was served on the defendant's representative because he has nevertheless received it and he makes reference to its contents in his last email. Or in the alternative for an order under CPR 6.10 to get permission to serve again my claim form this time on the defendant's representative after the four month deadline

 

Therefore I need you reply to my questions in my last post

Share this post


Link to post
Share on other sites

That's a shame.

 

Could you remind us please why you missed the four month deadline and why you came up to the SB limit?

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

I served my claim form within the four months deadline but I served it on the defendant instead of serving it on its representative because CPR 6.10 says that for claims against the Crown we have to serve the claim form on the defendant's representative. This is a stupid technicality it is judicial bureaucracy which wastes time and money because the defendant's representative has received my claim form as evidenced by his last email and could respond to it if he wishes. As a consequence if now I have to serve again my claim form this time on the defendant's representative I will be now outside the four months deadline.

 

I had to go through the several steps of the MOJ's complaint procedure and this has taken a long time. Moreover I had also other commitments. I made my first claim within the six years deadline but if I have to make another claim this time it will be slightly outside the six years limitation period

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...