Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Different statements. One has “at 59 mph overtaking on the approach” and the other “it was overtaking on the approach and in ....... at 49 mph”. So not the same statement (same ethos, different sentence structure).   perhaps they chose that site for the officer because it is an accident hotspot, and they know people do dodgy overtakes (while speeding) there .....??  
    • Hi.   I've moved your thread to the Bailiffs forum. People should be along to advise later.   HB
    • So a little update;   Of the 6 letters I sent 3 were acknowledged. One accepting £1/month for now and two from the same creditor trading under different names asking for full I&E which I haven't done.   In a moment of madness I managed to depsoit 5k to a gambling site I didn't have due to paypal's crazy policy of allowing payments which are to be collected by direct debit after a couple of days to gambling sites! Mad they allow this but this will show as a negative paypal balance (in a different account to the original "debt"). The first paypal -£5k account has been closed and passed to a DCA now. I have ignored them.   My council has appeared to have stepped up their collection efforts for £2.5k in alleged housing benefit overpayment from 2015/16. I have acknowledged their letters over the past 3 years each time by email but they rarely respond to my pleas. I truly think if there was overpayment then it was for less than half the amount they claim. At the time I didn't think I was being overpaid because I wasn't really working but I had stopped claiming JSA/ESA (and told them as much) but earned a couple of hundred pounds a month from sporadic work.   Also what I thought was a dormant debt from 2016 to Halifax has been actually sold ( to caboot? I think. Hard to keep track of everyone)   I've been getting phone calls daily but ignoring them for the most part. I did request all communication in writing in my original letters.   I feel incapable of dealing with these creditors and whilst initially I was feeling that I would be happy to just ignore all the letters (arreas, defaults and the like) and phone calls for an indefinite amount of time and  hope to make it 6 years to statute barred-ness and accept or defend any CCJ attempts that did arrive. I figured that avoiding these creditors for 3 months so far is 5% of the way there to statute barred! But I figre for these fairly sizeable amounts they probably won't all let it go and I will get some CCJ docs (never had to deal with that) However now my mood and thinking has changed.    I am looking again at insolvency. I'm over the DRO limit now so its BR or nothing. I was wondering why you said to not consider this and it would be stupid @dx100uk? Although shirking my debts/responsibilities it does seem like an "easy" way out at the moment. It would be so nice to know that what's done is done and to be able to draw a line in the sand and start again in a year or so and not have to avoid creditors or worry about what's coming next...   It certainly would help the environment what with the amount of letters that are arriving already(!) considering the first payment I missed was october/november (excluding the old halifax and council debts). I am exordinately stressed about it now even though I thought I would be already . Any advice would be great if it was to get my head out of the sand and contact people/do the ignoring thing and seeing what happens/reasons  to do or not to do bankruptcy for these unsecured debts?   Thanks      
    • Hi everybody   Had a knock on my door and was confronted by either a Bailiff or enforcement agent (not sure about the specific job title). When I opened the door he stuck his foot in so I couldn't close the door. I was video taping him so I took a few steps backward (to get him in shot) and he just fully entered the property despite me saying that I was denying him entry and he refused to leave thereafter.   Turns out that he was there to collect a court issued fine. I think from a Magistrates Court. He worked for this outfit:   www.marstonholdings.co.uk   The reason for the fine was something to do with "driving without car insurance". Now I had a cheap car a few years ago but it broke down and would cost more to fix than it was actually worth. So I sold the car for scrap and cancelled the insurance. Turns out you have to inform the DVLA when you scrap a car and them that it is no longer on the road (I was unaware). So this was the circumstances of the visit.   My question is did he have the lawful right to enter the property? I always thought these people were like vampires i.e. they can only come in if you invite them in.   tia Bear  
    • oppss again then if its the same person.   knows the road well so should know what the speeds are and where they apply..      
  • Our picks

Karalius

CEL ANPR PCN claimform - no permit -Fox restrnt Connault Hse Hotel Lynx way Lon E16 1JR ***Claim Discontinued***

Recommended Posts

Yes you must file and serve it otherwise your defence will be struck out.

 

A1 = No

D1 = Your Local County Court.

 

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 The National Consumer Service

 

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

Thanks Andy, just filled it out and will send both tomorrow to CEL and courts.

 

Much appreciated, have a good evening. 

 

I'm sorry, just another question - When serving this for CEL, do I just photocopy the form N180 and send it, or does defence have to be included also?

 

Thanks 

Share this post


Link to post
Share on other sites

Why photocopy ...use the link I have provided above and print three copies after completion on your PC/Tablet etc. No you dont send a copy of your defence with a Directions Questionnaire ...they have already have copy of your defence when you submitted it and served a copy on the claimant.


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 The National Consumer Service

 

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

just remember don't give CEL your pers details on their copy 

remove email/phone/sig


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Good morning,

 

I have received a letter on Tuesday dated 26 Oct that my case has been transferred to my chosen court for allocation and judge will allocate the claim and give directions.

 

Now, last night I have received a letter form courts also dated 26 Oct that says following:

The defendant, you have been sent notice of proposed allocation to track which specified the date by which you were required to return the directions questionnaire. You have failed to file the directions questionairre with the CCBC by the date specified in the notice.

 

IT IS ORDERED THAT

The defendant must file the questionnaire on or before 7 days from service of this order with CCBC via post, via document exchange, or via email @...

 

If the defendant does not comply with this notice your defence/counterclaim will automatically be struck out without further order of the court, subject to the claimant having complied with this order, the claimant will be at liberty to enter judgement.

 

Right... so I have sent out the questionnaire, but I guess it never arrived, or it arrived late (I have proof of sending receipts).

 

Now my question is

today is 31st, and I have 2 more days for letter to reach courts.

 

I will send this out first class special delivery today.

Would that be the correct thing to do, or its best to send them via an email and explain that I was on holiday, thus my questionnaire was not delivered in time due to letter arriving while I was away, or is there another option that is faster I do not know about?

 

Can someone please help me?

 

Thanks

 

Share this post


Link to post
Share on other sites

just resent the N180's out by email to the court and royal mail to CEL

 

no to mediation

1 wit you

the rest is obv

no need for email/sig/phone on CEL's copy

 

but if you've got the N157 today?

then they must have gotten your N180?

why not ring and check

 

 


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Court error


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 The National Consumer Service

 

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

Thank you Andy/DX. I should have called them to check myself, sorry for wasting your time. It was indeed court error. My N180 was received on the same day as the letter got sent out. No need to send it again :)

 

Thanks and I will be putting my time in preparations to this case. 

Share this post


Link to post
Share on other sites

District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour. 

 

Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December. 

 

I have a few questions if possible to get an answer from anyone please. 

 

The following directions apply to this claim:

1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing. 

My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about? 

 

2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January? 


Thanks!

 

 

 

Share this post


Link to post
Share on other sites

yes ring the court and get it moved

directions might stay the same though for fee/WS exchange mind.

 

dx

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites
Quote

 I have to leave country for important work trip from 10th to 19th of January 2020.

 

Did you not enter the above dates on the DQ as dates to avoid ?

 

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 The National Consumer Service

 

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

Unfortunately at the time my work did not require me to travel, until 2 weeks ago :(

I will try to ring the courts tomorrow to see if they can change the hearing date.

Share this post


Link to post
Share on other sites

you will probably have to request in qwriting but usually email will suffice for somehting like this. The local court will give your email addy

Share this post


Link to post
Share on other sites

I just phoned up the courts and was told that it can only be postponed by filling out form N244, paying 100 quid and if the claimant agrees they can change the date, otherwise its 250 quid.

 

Does that sound right? 

 

 

Share this post


Link to post
Share on other sites

no, they have the powers to change the date unilaterally but clealry dont want to.

 

I would write to the court telling them you are out of the country on business at your employers command on that date and that it will cost you £4000 to travel back for the hearing and would they ask the claimant if  they are happy footing that bill just because the court wont use its powers to postpone things for a week ( or however long).

 

You should send a copy to the claimant as well so they know that they are in for a huge bill when they lose.

CEL wont want to turn up anyway so it might be enough to kill the claim.

 

If they dont agree then you remind them about the costs issue.

Lay it on with a trowel.

If the costs arent currenty that high check with an airline how much they charge for a standby ticket and you will see that they are

 

Now write and email the court and explain.

Share this post


Link to post
Share on other sites

Hey guys,

 

Update: I have done as Eric suggested, however have had no response yet from courts.
 

Good news is that I received a letter from CEL last night and it states that the claimant discontinues proceedings for the whole of this claim! 

 

Looks like they got a bit scared of the bill :) I will double check with courts today to ensure this is true. 
 

Again, this is 2/2 cases I have won against CEL with CAG help!!!! Thank you to everyone involved and I have one more to fight! 

Share this post


Link to post
Share on other sites

Brilliant. Please let us know once you've spoken to the court and we'll amend your thread title.  :D

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Great stuff, is always best practice to check with the court, PPCs have a nasty habit of saying have discontinued but carry on.  Interestingly I wonder what would happen if they went ahead, after sending the letter and victim presents the letter of discontinuance to the court after a default?


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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

Courts have indeed confirmed that the case has been marked as cancelled and will no longer go ahead :) Very good news!! Thank you to everyone involved you guys are awesome I could kiss you :))!!

  • Like 1

Share this post


Link to post
Share on other sites

Thread title updated...we would much prefer a donation though :wink:

 

 

 

Andy

  • Like 1

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 The National Consumer Service

 

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

Be assured it will be done!

  • Like 2
  • Thanks 1

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...