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    • Thanks for the quick replies and advice!   I need to check the dates of these cc's, but i'd estimate:   Bcard1 - 2001 Bcard2 - 2007/8 Lloyds - 2015 Tesco - 2016 Natwest - 2003   The loan was taken out in 2019.   Regarding enforceability - this is part of the reason I want to manage any plan myself - I don't want to be cash cowed.   I will open a parachute account this weekend, outside the RBS group and move dd's to this account!    Seems scary to just stop making payments, but I agree, the sooner the defaults are applied to my file the better.    I haven't taken advantage of the covid payment holiday on the loan, but i assume that would be fruitless for the same reasons - can Natwest insist I take this to avoid defaulting the account   Thanks   A
    • I think I could open the door for a bank charges claim as well. I wouldn’t be challenging whether the charges were unfair/lawful under the banks standard terms, I’d be challenging whether it was fair for the bank to apply charges when there were no terms allowing for the charges to be applied.   Could a CCA Sec 140 claim work!?!?
    • I’d add (just in case the DJ says “but if you couldn’t pay, you shouldn’t have parked”): “The situation being compounded by the app appearing to allow payment, with a countdown timer for the period ‘paid for’ appearing”.   Have you offered to pay the fee the app should have taken but didn’t?   If they were stupid enough to take it to court I’d invite the judge to find that they were entitled to that fee, and only that fee, but [contrary to the usual guideline of costs ‘in the case’] you were entitled to the {limited} costs available in the small claims track. They’d ‘win’ : but only for the parking fee, you’d win : by them being the ones an order of judgment was made against!
    • He is correct, though that only a judge can order him to refund the money.   You can’t complain about him saying only a judge can order it: that’s what the County Courts do - adjudicate disputes. You can complain that the guidelines make it clear what the outcome will be, so his behaviour is unreasonable.   ”That, Sir” (or Madam), “is the crux of why we are here. I suggest it is inevitable that you will find the refund must be made, and the Defendant should have seen that, but their intransigence has led to this matter reaching you”.  
    • Always have your door locked, to avoid anyone getting in without your permission.   Enforcement Officers (Bailiffs) are allowed to make peaceful entry into a private address, but they should announce who they are (name, job role and company) and the reason for their attendance at your address.   As soon as they were told that the person they were seeking was not living at the address, they should have asked politely for more information.  Once they were aware they were at the wrong address they should have apologised and left.    The conduct you describe would be professional misconduct and would not involve the Police.  The Enforcement Officer had a legal right to be seeking the debtor, so nothing criminal.  As Marston have appeared to reject your complaint you could contact CIVEA.   https://www.civea.co.uk/complaints
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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.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Hoist/cohen claimform - Ex Barclaycard debt.


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Yes...Notice of Allocation will give you further directions....say it in your witness statement...you have already submitted your defence

We could do with some help from you.

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Not due till the 13th August by 4.00pm.   With regards to the above...thats the standard template response from Robbers to a section 78 request.....not sure why they keep referring to GDPR a

The claimant.....as for them paying the hearing fee....its normally paid on account and given that they have complied with the directions its safe to presume it has been paid and they are proceeding.

For the Claimant...keep an eye on that date and check with the court that they have filed fresh particulars.

 

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

 

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  • 2 weeks later...

I have received details of new particularised claim (attached) from Hoist and also received a general form of judgement order form local court to file an amended defence (attached) and a fresh directions questionnaire.

 

I did not receive any forms from the court,

does that mean I need to download a direction questionnaire form and fill in the defence there?

Then answer to the 9 points on the particulars? 

New_Particulars_28.11.19 Edited.pdf Gen Form of Order Kingston 2 11.12.19 Edited.pdf

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the claimant hasn't suffered any loss or damage to the tune of +£2k, they are not a creditor and didn't give the defendant any credit...:lol:

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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But they have suffered a loss.....£275.00  which they paid for the bad debt

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 Topic please PM me a link to your thread

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aw that's tough luck ..teach 'em not to dabble in lemon debts then..

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi All,

 

I'm about to start drafting my amended defense as per court instructions (post #31) and wanted to ask what additional points I need to add to the original defence? 

 

The two obvious points being the CCA not provided in time and the one received is the T's & C's and says for internal use only from Barclaycard.

 

I am also a little confused as reading through other posts it mentions "witness statement", is this on the allocation questionnaire?

If some can point me in the right directions, it'll be much appreciated.

 

Many Thanks

T

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Your not at witness statement stage yet ...thats after allocation of the 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

 

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  • 6 months later...

Hi All,

 

I have had an existing case with Hoist since Last July and it was stayed until 2/4/20 and to provide amended defence and claimant to provide new particulars, which was completed.

 

I have now received a letter from the court (attached) with the option for mediation and to complete a witness statement.

Previously, the mediation didn't go through as they hadn't supplied the "agreement".

 

does that mean I should not go for mediation again and just provide the witness system?

Am a bit confused.

 

Any help would be appreciated.

 

Thanks in advance

 

T

Gen Form of Order Recvd 15.06.20.PDF

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threads merged

 

the claimant has to date not supplied sufficient information for you to make an informed decision upon mediation.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hello All,

 

So I have had an update from the court with details of a remote hearing scheduled for 26/8/20 (attached). There are a couple of things I don't quite understand.

  • It stated that "the claimant does by 3.00 pm on 29 July 2020 pay to the court the trial fee of £170.00 or file a properly
    completed application (i.e one which provides all the required information in the manner requested) for help with
    fees, then the claim will be struck out with effect from 29 July 2020 without further order and, unless the court
    orders otherwise, you will also be liable for the costs which the defendant has incurred
  • I contacted the court yesterday and today and they have advised nothing has not been received as of 10 am this morning (time of my call). Not sure whether if they paid by cheque and it hasn't cleared yet.
  • I also received this morning (dated 29/07/20) the bundle from Cohen with a witness statement (from a paralegal) with all the other documents etc which they sent in the past. Am I right in assuming that they would have made the trial fee?
  • Section 3 states that "You must pay the hearing fee to your Home Court. This is the court which normally deals with your case. If
    you need to make an application, send it to the Home Court" - I don't quite understand this, does this apply to me or the claimant?
  •  

I will be preparing a WS and post back for feedback.

 

 

If I could get some feedback on this I would appreciate it. 

The WS should be with the court by 12/08 so got a few days to finalise and send through.

 

Final_Bundle_from_Hoist_3MB.pdf

 

Witness Statement Draft.pdf

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Quote

Section 3 states that "You must pay the hearing fee to your Home Court. This is the court which normally deals with your case. If
you need to make an application, send it to the Home Court" - I don't quite understand this, does this apply to me or the claimant?

 

The claimant.....as for them paying the hearing fee....its normally paid on account and given that they have complied with the directions its safe to presume it has been paid and they are proceeding.

 

Andy

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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

 

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so wheres the SIGNED agreement or tickbox with IP address and time??

 

and urm no cohen...CPR 31:14 IS applicable as the claim had not been assigned to a track at that time..

junior paralegal i'll guess ...with him sitting right next to the bog at cohens in a pretty skirt 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

thread tidied

 

ws looks ok 

let andyorch check it mind.

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

What date must you file and serve ?

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

 

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Okay .....I wont be able to run through it until later//or this evening.

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

 

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Okay.....you need to amend that statement of truth...keep it simply and not refer to contempt of court.

 

Also you need to include the following in your conclusion along with that they are in default of your request and more importantly It also states the agreement has been varied...hence section 82 (1) CCA1974....cant use a reconstituted version for enforcement if varied.

 

 

Andy

  • Thanks 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

 

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Hello,

 

Just a quick update.

 

WS sent through last week. Received a short  letter from Cohen as below, dated yesterday (Typed out as). Not sure if this has any affect but thought I'd share.

 

We refer to the above matter.

For the avoidance of doubt, I will not be attending the above mentioned hearing as a witness in accordance with CPR 27.9(1)(a). There will however be an advocate in attendance on behalf of the claimant.

The court has been notified of the same

 

Signed "Howard Cohen & Co"

 

Thanks

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Simply informing you.....

 

Non-attendance of parties at a final hearing

27.9

(1) If a party who does not attend a final hearing–

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

(2) If a claimant does not –

(a) attend the hearing; and

(b) give the notice referred to in paragraph (1),

the court may strike out(GL) the claim.

(3) If –

(a) a defendant does not –

(i) attend the hearing; or

(ii) give the notice referred to in paragraph (1); and

(b) the claimant either –

(i) does attend the hearing; or

(ii) gives the notice referred to in paragraph (1),

the court may decide the claim on the basis of the evidence of the claimant alone.

(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out the claim and any defence and counterclaim.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

 

  • Thanks 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 Topic please PM me a link to your thread

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