Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
  • Our picks

ConcernedExpat09

CWD Court Docs

Recommended Posts

Yes  within 14 days either way


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 now, Andyorch said:

Yes  within 14 days either way

Andy I don't know if you do it to wind people up on here - but thats a perfect example of how you aren't clear.

 

Yes or No. Simple.

 

Do I tick both boxes.

 

Defend all of claim 

and

Contest Jurisdiction.

 

Share this post


Link to post
Share on other sites

Yes either way depending on whether you are contesting jurisdiction or if not and just submitting a defence ...its within 14 days.

 

Tick Contest Jurisdiction

 

You can tick Defend all (incase you decide not to contest jurisdiction)

 

You then have a further 14 days to either submit an N244 application or send a defence as normal

 

Strange how Hornsey and Squaddy got it within one post :becky:


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
15 minutes ago, Andyorch said:

Yes either way depending on whether you are contesting jurisdiction or if not and just submitting a defence ...its within 14 days.

 

Strange how Hornsey and Squaddy got it within one post :becky:

Because neither of them asked about ticking both boxes. 

 

Perhaps if this was happening to you you would understand the pressures we are actually facing. 

Equally both squaddie and Hornsey62 that you 'advised', lost their Jurisdiction challenges.

 

Hence I am making sure all correct. 

 

Share this post


Link to post
Share on other sites

Neither Hornsey or Squaddy were in two minds and undecided...they were simply contesting jurisdiction with no intention of defending or submitting a defence.

They and we assumed the court would rule in their favour.

 

Your covering both bases by ticking both boxes in case you change your mind.


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

OK so it is acceptable to tick both boxes as Hornsey62 saying you can't tick both as then accepting Jurisdiction?

 

 

Share this post


Link to post
Share on other sites

Yes its okay to tick both boxes in your particular scenario...in case you change your mind and dont contest Jurisdiction.The courts will ignore contest jurisdiction until they actually receive your application....and if you dont submit an application and just submit a defence then it proceeds as a normal defended claim.


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

This is an interesting article ..wonder which solicitors they were talking to ?

 

https://www.buddyloans.com/blog/returning-to-the-uk-with-debts-outside-the-uk/


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

I bet I can guess..!!

but we don't publicise them here as they charge spoof fees and get backhanders from the creditors to sign people up to their settlement plans


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

 

Share this post


Link to post
Share on other sites

Here’s a question..

 

why have all my messages in in my inbox from Hornsey62 and Versus disappeared..?

 

now I’m unable to prepare my defence 

Share this post


Link to post
Share on other sites

With regards to preparing defence I must have missed those lectures at Uni when I was studying for my law degree...

How would I know how to prepare a defence? You keep referring back to other posts - but these posts obviously don't have correct information as CAG don't know how to advise on UAE cases. 

 

 

Share this post


Link to post
Share on other sites

There's been some kind of glitch unfortunately and we're looking at that. I lost everything in my inbox too.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Just seen this 

 

when I was in court the judge was clear that it was in my interest to defend this here and the judge also had no choice because of the case examples (from the EU) that CWD barrister gave 

 

my concern is, if it goes my way that CWD won’t let it drop.  

 

Its the wording in the T&C that allow it to be heard here, with all the rights of being in the UK it’s now how I defend.  I’ve not seen any examples of people saying it wasn’t heard because of jurisdiction 

 

if your debt is 9years old then under UK it’s statue barred which would be my defence, along with anything else you have  

Share this post


Link to post
Share on other sites

so what its in their T&C's?

there would have been no PPI reclaiming and NO CAG because of the bank charges campaigns in 2006 if everything in T&C's were legally enforceable .esp in a foreign country ...the UK.

 


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

 

Share this post


Link to post
Share on other sites

I’m only saying.  

 

Regardless of that, the point is the judge will hear the case(s)  because it was in the T&Cs

 

 

 

Share this post


Link to post
Share on other sites

doesn't mean the agreements nor T&C's ARE enforceable in this country

simply means the judge decided the case 'could' be heard under UK jurisdiction.. there is a 1000mls difference between the two...

 


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

 

Share this post


Link to post
Share on other sites

I know that, it could be heard and is being heard.

 

 

Share this post


Link to post
Share on other sites

 

 

People are here for help. I am in pieces here and no one at CAG has actually given anything constructive.

Today I spoke with a DCA and their solicitor to get the other perspective on it so I could file a defence. 

 

CAG isn't even able to give advice on how to present a defence without crappy comments like we aren't here to hold your hands. 

You are grown men/women I presume so grow the hell up and act like it and if you can offer help then please do.

 

 

Share this post


Link to post
Share on other sites

Quiet...not really your last post was only 17 hours ago.Have you had any further thoughts with regards to your intended defence ? 

Post a copy of your intended draft here then we can  pool some ideas and add to it.

 

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

Excellent so you dont really need any further ideas or advice  or assistance. ?


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
On 16/04/2019 at 20:42, ConcernedExpat09 said:

Here’s a question..

 

why have all my messages in in my inbox from Hornsey62 and Versus disappeared..?

 

now I’m unable to prepare my defence 

 

You just stated on your thread you had submitted your defence?

And further why is all this advice you refer to by PM and not on the threads ?


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

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...