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    • Hi all,   First time I'm doing this post and first time this has ever happened. I have been sent speeding fines before and I have always sent details and either been to speed awareness courses or had points and paid fine. In this instance, I have supposedly been sent a letter to provide driver information for speeding fine, and then again another letter to say not received anything and to provide again this was all apparently in 2018.   I then received a letter this week (which I actually got) saying I need to pay £800 and have 6 points to add on my licence for failing to provide info and failing to come to court date.   I never received anything prior this the last letter which I received this week.   I have been told to make a statutory declaration, in which they said you need to attend court date and say that you never knew of the letter beforehand, which I said yes and then they said if found to be guilty u could face prison sentence and more fines. I was ok with this as I know I haven't received any letters like this prior (until the final one this week)   After reading reviews its quite concerning as some people have mentioned that the court basically look at your case and even though you may not received the letter, its more of a he said, she said scenario, which as mentioned is concerning as if I haven't received any letters prior how could I have given my driver information and that court could basically say, the letters were sent out and that your lieing.   But as mentioned before I have had speeding fines in past and have always sent off information, if I did make an offence   Is anyone able to give me any advice?
    • Reported the issue within days but the dealer flatly refused to speak to me and pretended to be abroad. There is no way he was going to take the car back. The finance company were behind me initially but then suddenly changed tack when they investigated the dealership more closely. The law states that my contact is with the finance company who provided the finance and who paid the dealer at the onset of the agreement. They are jointly liable for any breach in the law but this is academic as a number of prosecutions against the dealer have just resulted in a change of director (just another loophole that is exploited to avoid paying up)   Finance Companies fall under the Financial Services Authority umbrella and it was their Ombudsman who oversaw this complaint.  
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    • Sorry if I have not understand but I have gone back to post 3 and all I see is list of questions which I have answered in the post after.   Do you mean that I do not need to pay any charge?   I guess mine was notice to keeper without photographic evidence and without the mention of Schedule 4 of the Protection of Freedoms Act 2012    The notice also stats that I should not ignore it or else they can contact dvla to pursue payment.
    • you mean the FOS surely?   did you report the fault within 30 days of purchase to the retailer? if so as andy says you are entitled to reject the car and get a full refund from the RETAILER. under your short term right to reject CRA cannot normally be against the finance co.
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peterjumpingjacks1

We Fight any Claim Claimform - for PPI Fees

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Hi guys,

Never thought I would have to return for this but here goes and this is my wife who has received this;

We Fight Any Claim - Claimants

Solicitors are "Stephens Wilmot Limited"

PoC As typed on the form.

(1) - The Defendant became a client of the Claimant, for the Claimant's services in obtaining PPI redress and agreed to the Claimants terms of business by signing a Letter of Engagement (the contract) on 2nd June 2017.

(2) - The Claimant procured an offer of compensation from Barclaycard of £4,181.22 (the compensation) which the defendant accepted.

(3) - Under the Contract the Defendant still owes £1,212.55 being a sum equal to 29% including VAT of the compensation.

(4) - Under the Contract the claimant invoice are payable when the defendant receives the compensation.

(5) - The defendant has failed to make payment in settlement of the claimant's invoice. The Claimant claims interest under s69 of the County Courts Act 1984 at the rate of 8% a year from 18/08/2017 to 27/02/2019 on £1,212.55 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.27.

 

I am about to acknowledge online and defend all to at least give us some time.

I know we wrote to We Fight any Claim back in 2017 as I did my own PPI claims and when we found that I was successful without having to pay out money to someone else we wrote to cancel our accounts with We Fight and never heard a thing back from them until now.

There has been no pre court procedure or letters chasing or any kind of documentation from them.

We got our money from the various banks and enjoyed it. I still have a copy of the letters we both sent to We Fight.

Can someone pop on and give me a hand with this one please. I promise it won't be as bad as the last one with my friend (shall he rest in peace).

Thanks,

Pete

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Just to add a little more info as I have sourced the letters of cancellation we sent and they were sent on the 13th June 2017 (dated that same day) - sadly, it won't have been signed for post but they were never returned and all my envelopes are pre-printed with a business return address.

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retitled for clarity and moved to Financial Legal legal forum.

can I clarify please....

she did this reclaim herself after you cancelled?

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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Posted (edited)

Thanks DX. I actually did the work for her, she signed the letters sent and a couple of them went to the Ombudsman as well before settling. But in essence, yes, all of her own accord.

It looks like WFaC ignored the cancellation letter/s (I never signed a contract with them but they got two letters, one from my wife and one from me).

Oh and just to be clear for the thread, the claim has been AoS and Defend All.

Edited by peterjumpingjacks1

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so in a nut shell you did everything. no involvement from them at all other than alerting you to the PPI being there?

when did you get the payment ?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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After the letter they sent which needed to be signed, we sent letters to cancel the agreement to their offices.

As I recall a payment was sent by cheque from Barclays at some point in August, WFaC have mentioned 18/08 and I would say that is about right for when it was received. We could get an exact date of it being banked being only 18 months back.

No, they did nothing at all as far as we know. We cancelled and never heard a single thing from them. I did all the leg work myself.

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Defence is due 1st April ...very apt :classic_biggrin:

 

So you may need to get a CPR 31.14 off to them if you have not got copies of the following already...(marked in red)

 

(1) - The Defendant became a client of the Claimant, for the Claimant's services in obtaining PPI redress and agreed to the Claimants terms of business by signing a Letter of Engagement (the contract) on 2nd June 2017.

(2) - The Claimant procured an offer of compensation from Barclaycard of £4,181.22 (the compensation) which the defendant accepted.

(3) - Under the Contract the Defendant still owes £1,212.55 being a sum equal to 29% including VAT of the compensation.

 

Regards

Andy


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well it's looking like they've done a pretty good job of that themselves without any help..🤣

can I just clarify something?

did she sign any authority to act letters?

if so when.

ideally these firms are supposed to get people to sign these so they can approach creditors and AFAIK it can't simply be done online or by phone it has to be a signed letter returned to them?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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This the CPR I have put together. Would you have a read over it as it's different from what I've done before so would be good to have another set of eyes on it please.

Cheers, Pete

 

Stephens Wilmot Limited                                                                                                                   

ADDRESS TO BE ADDED                              

 

02/03/2019


We Fight any Claim ‘v’ &&&&&&&&&&&&& - Case No: 88888888

 

CPR 31.14 Request

On 01/03/19 I received the Claim Form in this case issued by you out of the Northampton County Court Business Centre.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:

1: The true signed and dated original letter of engagement (the contract) on 02nd June 2017.

2: The true signed and dated original letter of offer of compensation from Barclaycard of £4,181.22 (the compensation) which the defendant accepted.

3: A true signed and dated contract that documents the sum of £1,212.55 being a sum equal to 29% including VAT of the compensation.

Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response.

I remind you that the timescale for sending this information is 14 DAYS from the date of this letter.

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AoS has been rejected as I stupidly signed it instead of putting my wifes name. Note for everyone else, always put the claimants details in.

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Why are you signing forms and posting.....use the On Line Portal MCOL...no postage far more secure.

Instructions contained in the claim pack


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I did it online Andy, but not thinking I put my name in the bottom box where the defendant signs electronically. My mistake, unfortunately it can't be changed online so it will have to be signed manually and posted but it'll be in the first class tomorrow. :D

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Afternoon all,

 

First draft of defence, would someone have a wee look over it and cast any thoughts. I'm not sure about the part at (e)?

 

Feel free to be as honest and straight as usual... :D

 

Pete,

 

Particulars of claim for cross reference only

 

As typed on the form.

(1) - The Defendant became a client of the Claimant, for the Claimant's services in obtaining PPI redress and agreed to the Claimants terms of business by signing a Letter of Engagement (the contract) on 2nd June 2017.

(2) - The Claimant procured an offer of compensation from Barclaycard of £4,181.22 (the compensation) which the defendant accepted.

(3) - Under the Contract the Defendant still owes £1,212.55 being a sum equal to 29% including VAT of the compensation.

(4) - Under the Contract the claimant invoice are payable when the defendant receives the compensation.

(5) - The defendant has failed to make payment in settlement of the claimant's invoice. The Claimant claims interest under s69 of the County Courts Act 1984 at the rate of 8% a year from 18/08/2017 to 27/02/2019 on £1,212.55 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.27.

 

Defence

 

 

"The Defendant accordingly sets out its case below and relies on CPR 16.5(3) in relation to any particular allegation to which a specific response has not been made.

 

(1)    The Defendant notes the opening sentence referring to the defendant becoming a client of the claimant.

(2)    The Defendant accepts that a compensation award was received directly from BarclayCard but not due to any involvement from the claimant

(3)    The Claimant alleges that a sum of £1,215.55 is owed. This is denied.

(4)    The Defendant denies any contract exists between the claimant and defendant and sets out the defence below.

 

The Defendant denies owing any monies to the Claimant or interest pursuant to the County Courts Act 1984.

 

The Defendant is unaware of what account or contract the Claimant now refers having failed to particularise it’s claim.

The defendant denies owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a)    Disclose how the Defendant has entered into a legal signed agreement with the Claimant on 02nd June 2017; and

 

(b)    Disclose how the Defendant has reached the amount claimed by providing all receipts, letters, contracts and documents that document the time spent on alleged claim; and

 

(c)    Disclose the true, signed and dated letter of offer from Barclaycard of £4,181.22;

 

(d)    Disclose how the Claimant has the legal right, either under statute or equity to issue a claim;

 

(e)    The Defendant and husband wrote to the Claimant on 13th June 2017 cancelling all contracts between them. This was via Royal Mail and deemed delivered as the letters were not returned. This was within the 14 day “cooling off” period, defined within the Claimants own contract.

 

(f)      The Defendant pursued BarclayCard and other previous lenders and obtained PPI Redress directly.

 

(g)    On receipt of this claim the Defendant requested by way of CPR31.14 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for within the 14 day period by way of signed for letter. To date they have failed to comply with the CPR31.14 request.

 

As per Civil Procedure Rule 16.5(4), it is expected the Claimant prove the allegation the money is owed.

 

The Claimant has not complied with paragraph 3 of the Pre Action Protocol. Failed to serve a letter of claim, pre-claim pursuant to PAPDC changes of the 1st October 2017 and made claim with no attempt to ascertain facts or settle the matter before court action. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief."

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Fine Peter although I have changed " Show " to " Disclose " and amended (2)    The Defendant accepts that a compensation award was received directly from BarclayCard but not due to any involvement from the claimant

 

Andy


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Update - Defence submitted online Wed 27 March 19

 

 

Form N180 Directions received received today. Filled in for mediation and served on all parties today. We Fight tried calling my wife yesterday, she couldn't answer but they text asking to speak to her about her defence before they submit their directions. Pretty much verbatim - I said not to take any calls from them or phone them until I've been back here. Good idea to get in touch do you think or leave it as is and see what comes out of the mediation?

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No writing only


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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We've just got back from Holiday and found a letter from them with the heading "Re: YOUR COMPENSATION".

 

They have included letters of authority for my wife and also myself (bizarrely) for us to sign and return in their pre-paid envelope.

 

They haven't sent anything in relation to the CPR Request!! This doesn't appear to have come from the solicitor dealing with it as there is no letter included with the usual rubbish most of them write.

 

I'm wondering if they may be struggling to actually find a signed copy and trying it on... Hence to say, we won't be signing them and returning anything.

 

Also, they haven't even included Barclays as one of the creditors... How odd. 🤣 

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