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    • 3 copies court sols your file   no to mediation 1 wit you   the rest is obv.   on the copy to CEL or their sols if they state one do not give them email/sig/phone.
    • usual game by erudio in that the last confirmed deferment was about 2011 but erudio didn't issue a DN until some 5yrs later  so i was thinking of:    alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment . 1 The Claimant's claim was issued on dd/mm/yyyy.  2.The date last payment made was the dd/mm/yyyy   3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.  4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.  5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.   as we know drydens will claim thus its not SB'd.   sadly this case is somewhat complex in that there was some confusion by the OP upon this being paid off already, so had before they came here filed a defence stating such.    once the story was fully relayed, but which remains somewhat confusing still,  and things sorted out, it transpired this was for an honours student loan settled through Link/Thesis etc and nothing to do with the ones sold to Erudio.   it also transpired that a deferment direct to the SLC before 2013 sale, did not actually happen and SLC kept the details awaiting the OP to resubmit it, which never happened. this resulted in SLC taking payments because the Op's account was in arrears, this also latterly enabled Erudio, without permission nor any contact, to use the existing SLC DD to take payments in 2014 i think. which should not have happened.   i think thats it in a nutshell.    
    • Hi, I just wanted some advice from anybody who may have had a similar problem or might know what's going on please? Last March, just as this pandemic took hold my  husband lost his job. No furlough, no redundancy pay or anything. Just finished. We knew nothing about claiming benefits but we managed to put in a claim for JSA and then UC (they just deducted the JSA from anything we were entitled to from UC) Anyway, later in the year, I made a claim for carer's allowance as I am my mums full time carer. She receives attendance allowance. I waited several weeks to hear anything back but the claim was successful and I reported this to UC. My husband got a job again in August. This too was reported to them and his earnings meant that we received very little or nothing during that time. He then lost this job in December yet again due to covid and again we reported this and he again claimed for JSA. He got another job in January and again told UC and JSA. We received pretty much nothing and the last payment we did receive, they deducted everything that was left for a tax credit over payment that we apparently owe from previous years. We have now received a letter in our journal saying that we have had an over payment due to back pay of carer's allowance that I received last year after all the weeks of waiting. Fair enough, I don't really understand still how all of this works as we have always worked but they told us before that all earnings etc and things from DWP get reported to them anyway so they knew what carer's allowance I had recieved. I then replied to ask if we can set up repayments for this and we then had another letter in the journal saying.. DO NOT IGNORE THIS MESSAGE We are carrying out a review of your information, and so I need to speak to you BOTH about your universal credit claim. We'll be checking a few details with you on this call to make sure you're entitled to universal credit. You might also be asked to provide additional evidence but we will discuss that on the call. If we can't get in contact or speak with you, your claim will be suspended and ultimately closed. There will likely be an over payment and this will be recovered from you.   This seems a bit serious is there anything I should be worried about? Or is it purely just a review to maybe close down the account now that my husband is back in work and earning more money? It doesn't mention the over payment so I am not sure if it is about that or not but my husband suffers very much with stress and anxiety and now he is panicking over this because he thinks that they are going to make out we have been up to something when we most definitely have not. Admittedly, we have struggled with it because we have never claimed before and not been able to attend any face to face appointments etc but as far as I am concerned, we did everything asked of us. The only other thing is that I now have £2000 in the bank sitting there as we are in desperate need of another car as this one we have is on it's last legs but I was told you only need to declare £6000 and over. Any advice or anyone had the same please? Pretty confused. Thanks.
    • Using miley_b ob 's great letter as a template, is the below along the right lines:   Dear Civil Enforcement (CEL) Limited   I write in response to your Letter Before Action - Claim for Debt , which I have received in relation to PCN Number: ?????, you have issued in response to a case I have explained is baseless.   I am writing to notify you that I have no intention of paying these ridiculous and made-up sums of money, for allegedly breaking some imaginary contract with yourselves. Expecting me to pay you a baseless fine for not entering my cars registration details amounts to extortion. You already have my £2 for parking in your car park, a fact I'm sure you realise due to the fact you own all CCTV in the carpark. I would also reference the fact that the parking meter that issued me a ticket without entering my registration has since been fixed, which shows that you are fully aware of the problems it has caused.   You have also scored a big own goal by adding a £82 admin fee. Presumably, this admin fee is some sort of unicorn food tax. I suggest that you look at DDJ Harvey’s judgement at Lewes County Court on 05/02/2020 (Claim number F0HM9E9Z). He was not very happy with these made-up amounts, was he?   You can either drop this foolishness now or get a good spanking in court. The choice is yours.   Hopefully we will not be speaking again,   xxxx
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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Charges over £5000.00 Help!!!


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My bank charges befor interest are over £5000 for the past six years. Is this claimable in small claims court or can I make two seperate claims to bring the ammount below this leval,i.e. year 2000-2003 and then yr2004-2006? It only took lloyds from 07/02/06 until 15/04/06 to send me copies of statements! Thanks for any help or ideas.

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Hi and welcome to the forums.

 

It seems from your questions that you have not yet read through the Frequently Asked Questions (FAQs) which is an absolute must.

 

Spend a day or two going through those, as well as the "Case Guidance Notes" etc. You will find them invaluable, and you need to do this in order to grasp the implications of the task that lies ahead of you......

 

Once you have done this, if you still have any unanswered questions, then post them here and they will be resolved in no time....

 

Many people here could easily answer those questions, but it really is vital to do some of the groundwork yourself. On the plus side, the benefits of a little hard work will hopefully result in a nice refund of those charges in the months ahead.

 

Good luck..!!!

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..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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From reading around other threads it would appear that if you claim over £5k you become liable for a higher level of costs. the reverse side of this is that the banks could be forced to disclose more information to you, and they definitely don't seem to want to do that.

 

If you manage to get your daughters off your PC for long enough, spend time reading through the threads on the whole board.

 

Claiming for more than £5k would have a risk of costs but could deter the banks from wanting to defend.

 

You would need to be very sure of your case though.

 

That is my interpretation of the posts in the forum lately; I would be grateful of a mods input.

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My bank charges befor interest are over £5000 for the past six years. Is this claimable in small claims court or can I make two seperate claims to bring the ammount below this leval,i.e. year 2000-2003 and then yr2004-2006? It only took lloyds from 07/02/06 until 15/04/06 to send me copies of statements! Thanks for any help or ideas.

 

You should read the FAQ and the forum material as the answers are all there. It will take about 3 days or so to get your head round it all.

Also go to the courts service site as Loula suggests.

 

However a brief answer is that you can bring any claim up to about £50,000 (not PI) in the County Court but if you exceed £5000 you come off the small claims track and incur costs risks if you should lose.

 

read up the materila before you ask any more questions. But it is an important question which you should consider carefully before jumping in with your claim

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  • 2 weeks later...

O.K. finaly got a few hours of use and had a very informative tour . I think i'll be keeping my first claim under £4800 .Just to be sure of my facts ? Am I right that I can claim £48??.?? plus the 8% interest and the court costs .This I would be pleased with, but they wont be getting away with the rest if I can help it .Beback soon (daughters permiting!)

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Hello fletch101,

 

I had similar deliberations and realised that if I severed the process, e.g. 2003-2006 as a first claim, then 2000-2003 later, I would not be able to fully get back what had been taken. You may want to view my thread "Bean's Timeline" to follow my thinking - summary below. I hope it saves you some time and clarifies your decision-making.

 

Let me explain:

It depends on how you add up the figures for your claim.

If you decide on 2003-2006 as a first claim, then 2000-2003 later, you take the most recent period, add up charges within that period, and claim for those as a first 'severed' claim. You would be requesting a sum that in no way takes account of the cumulative effect of charges incurred in 2000-2003 - it's a sever so it must surely not rely on the previous period and if it attempted to could jeopardise your later, second claim for 2000-2003.

 

However, if you claim for the whole 6 years, there will probably be a date by which your overdraft becomes full of penalty charges. The whole of the charges after that date (excluding monthly account fee, and charges that would have occurred anyway) are then due to the cumulative effect of unlawful charges so form part of your claim. Recognising this fact alone has increased the value of my claim by £1000 to £5700, and as yet I do not have data for April 2000-June 2002 so it could be more.

 

It's entirely your choice. You could sever, claiming for penalty charges purely in 2003-2006 to obtain a settlement for just under £5000 (excluding 8% interest and court fees) then deal with 2000-2003 after that, or you could go for the whole 'over £5000' claim for the whole 6 years. Personally, I have decided to go for the latter - it reclaims what I claim has been taken, it's worth more in total, and it puts everything tidily in one place.

 

Threads on claims for over £5000 by molley-in-the-trolley, Alanfromderby, Janeyb, etc., will help.

 

Also, familiarise yourself with the implications of claiming more than £5000. My own view is that going beyond Small Claims into Fast Track should not be feared.

Regards,

Bean

Lloyds TSB - 27/11/06 - £6377 paidrest with FOS

 

SETTLED

Cap One - 6/10/06 - £875

Lloyds TSB (MC) - 20/10/06 (BY DEF) £372

Hitachi Cap - Nov. 06 - £207

Citi Cards - 28/12//06 - £220

Monument - 23/1/07 - £889

Barclaycard (Mrs. Bean) - 19/2/07 £376

Opinions / advice of Bean are independent, informal, without prejudice, without liability, not CAG endorsed. If in doubt, ask a qualified professional.

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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