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    • Couple of things to point out. Council won't be interested in dog's poo in the caravan as it is private property.  At best the h&s department would take a statement and pictures and if it happened again they would act.   As the devil's advocate I would ask: 1. If you were so distressed to ask £4k compensation as suggested,  why did you stay for the full length of the holiday? Is it because your complaint was addressed and caravan cleaned? 2. Bed bugs? Where are the evidence? Couldn't it be another insect's bite? Most of the world population occasionally wakes up to a sore bite from unknown insects.  This can happen anywhere,  even in your house. Hands up if you have never experienced a mosquito bite in your house. 3. Manager took ownership of the problem immediately and fixed the faults. What else could he do? Move you from a caravan site to a 5 star presidential suite? Did you ask for this in writing there and then or you accepted the fix? 4. They offered £500 compensation. That's more than a quarter of the cost of the holiday. I don't think a judge would find that unreasonable.  5. Unfortunately the law doesn't act on ifs, so if something doesn't happen you won't get much interest. IF your boy had eaten the poo, the claim could have escalated by a large margin, but you, as a responsible parent, prevented this and nothing happened to your boy who went on to have a jolly good time. So unfortunately you can't claim for something that didn't happen.  To better understand this, think about a window cleaner leaving his ladder resting on a wall. IF the wind blows it on my car i could claim damage, but not before it happens.   So, my approach would be more pragmatic, by all means ask for more and see what happens, but £500 it's already a good offer in my opinion.    For future reference, whenever i go to holiday parks, caravan sites etc., first thing I do is to clean the lot. It takes an hour or so, but then i'm sure that i won't get any problems from hidden bacteria or other nasty surprises.  I know it shouldn't be this way, but it is. Us, the consumer,  have pushed for cheaper and cheaper prices and this is the result. We need to adapt unfortunately or we would be in court every day. Then there would be no time for holidays.
    • Hi, Last payments were around 2009. The last time any sort of letter showed up was about 3 years ago to my knowledge but only received by me a year after it was written as hung onto by my sister.    I haven't managed to open a bank account yet but made progress in what they required so will try this week.    Thanks for responding. At the time maybe I should have gone bankrupt in hindsight but before I left it pretty much all stopped after asking for the SAR' s. I had settled what I could prior to that.  Then after a big gap I started to get random debt agencies picking up on a few, irrespective of saying there were outstanding SAR requests they came and went and I did inform them where I was living overseas which is why Amex went for the RMA and then suddenly stopped.    You are of course right about running away. Seriously the whole thing gave me real depression which is something I only thought happened to other people. It has taken me all this time to get back to a place where I think I can take a deep breath and deal with it both for my sake and my mum.    I will keep a log. What happens might prove relevant to others and I can't see anyone else has kept one although a lot of people seem to have similar stories.    Thanks again        
    • Just make sure the Blue badge is visible in the car so the JBW bailiff can see it, otherwise he might clamp to put pressure on you.
    • Let them spout and don't tell them that you have recorded the call until its nearly ended and you have said you are logging date and time of all calls as they are in breach of the Protection from Harassment Act 1997    Prohibition of harassment. (1)A person must not pursue a course of conduct— (a)which amounts to harassment of another, and (b)which he knows or ought to know amounts to harassment of the other. [F1(1A)A person must not pursue a course of conduct — (a)which involves harassment of two or more persons, and (b)which he knows or ought to know involves harassment of those persons, and (c)by which he intends to persuade any person (whether or not one of those mentioned above)— (i)not to do something that he is entitled or required to do, or (ii)to do something that he is not under any obligation to do.]
    • It wasn’t recorded as to be honest, I was caught a little off guard however they are calling on a daily basis so I’ll make a point of recording the next one!   there won’t be any crumbling here. I’ve just been reading through the history of this to jog my memory on some of the events and it’s reminded me just how pathetic they are as a business. I fully intend to waste as much of their time and hopefully money as possible. 
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deedee1310

Lowell CCJ default judgement - cap1 card - missed filing defence - help

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https://www.consumeractiongroup.co.uk/forum/showthread.php?272699-Help-Filed-CPR-31.14-request-no-response-..-now-what-(3-Viewing)-nbsp&p=5157422#post5157422

How did you get on with this?

 

I know it's been 7 years but I am curious!

Edited by dx100uk
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deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

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It probably back fired hence the OP never returned......never make application to force disclosure pre allocation...at a cost of £100/£255 and a risk of costs is it really worth it when the claimant will have to disclose anyway after allocation ?

 

 

Andy


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Hi all.

 

It's been an absolute age since I last posted a case of my own here!

 

Not sure if I stand a chance but really need some assistance before I make a set-aside application.

I probably should have come here first when it was all going on but I had a very ill daughter to care for at the time.

 

Lowell issued a claim allegedly for an old Capital One account in July this year.

I did AOS by post and also requested inspection of docs under CPR 31.14.

 

 

I didn't hear anything from them and wrote to them again reminding them of the request.

They finally responded in August after they had obtained judgement in default as I hadn't submitted a defence.

 

 

They stated that they hadn't received my requests (Edit) but as guesture of goodwill would seek the information from their client.

It's since come to my attention that I should have submitted an "embarrassed defence"

 

At the time my daughter was very ill in hospital and I was spending 10 hour days caring for her whilst she was there and then just as long when she was finally allowed home, so this one got away from me.

 

To date they have sent a copy of a credit agreement from Capital One and some statements but they have not sent my the Notice of Assignment or Default Notice that I requested.

 

Should I apply for a set-aside based on the fact that they didn't comply with my request?

 

Any advice would be greatful appreciated. I've erring towards applying for a set-aside but £255 for the application is making my eyes water!

 

Thanks in advance all.

Edited by dx100uk
Language - andy spacing - dx

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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It probably back fired hence the OP never returned......never make application to force disclosure pre allocation...at a cost of £100/£255 and a risk of costs is it really worth it when the claimant will have to disclose anyway after allocation ?

 

 

Andy

Yikes!

 

I asked for docs under CPR 31.14 but it was ignored and Lowell got default judgement as I didn't put in a defence. I kinda lost track of the claim due to crap stuff happening at the time.

 

I wonder if I might still be able to get a set-aside? I've asked the question on my thread here:

 

What do you think?


My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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You cant set a side because you forgot to submit a defence....dont waste your fee.


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Thanks Andy.

 

I didn't forget, I just didn't realise that I still could submit one despite not having my request complied with. Can I not explain that to the court?


My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Not really.....CPR requests have no bearing on court claims whether they respond to it....or not .....its simply used to add leverage to a holding defence and is purely a civil request.

 

You must always adhere to the court time frame (33 days) irrespective of what you request and never delay submitting that defence.

 

 

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 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

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