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    • 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  
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cosmicgirl79

Erudio/Drydens - claim court form - ADVICE NEEDED

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Hi, 

I sent the CCA request and CPR 31.14 - I sent this almost two weeks ago on the 2nd October. I have not heard from either. 

 

This is what I’m planning to add in the defence which I will tonight - it is due by Friday 18th OctOber this week. I just wondered if what I’ve written below is ok? Thanks to all for advice and wise words. 

 

1 The Claimant's claim was issued on (insert date).

 2 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 cause of action for breach accrued for the benefit of the Claimant.

 

 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied.

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that is our SB defence yes

simply copy and paste it into MCOL.

 

dx

 


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

 

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This question on the MCOL WEBSITE? - Do you wish to make a counterclaim?

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Have we said that?

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

 

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I see on the website it says I will need to pay the appropriate fee as listed in the table before you can submit your counterclaim online. - Just wondering about that?!

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Have we said do that?


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

 

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So it's a no and then it's sent? The website is just wrecking my head! 

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there are over 15 erudio claimform threads here with how people have responded to their claim by entering a statute barred defence

you need to be reading up as part of the self help of CAG

as what to do

how to do it

whats next

how things progress through the differing stages of the claim

 

dx

 


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

 

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Very helpful links - thank you 😃

 

Defence sent! 

 

Surprised Erudio or Drydens haven't responded to my request! 

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what have they got that they can respond too that counters your SB defence?

zilch.

 

as with every erudio claimform or PAPLOC thread on CAG

you solely got the claim because for whatever reason , to that date, everything was ignored.

 

once a response is made

they go away.

 

default CCJ avoided.

you must read up and understand how arrows [erudio!!] operate

 


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

 

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I filed the defence two weeks ago. I haven’t heard a thing. Is this usual? 

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did you get an ack letter from the court that they have it?

 

dx

 


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

 

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1 hour ago, cosmicgirl79 said:

I filed the defence two weeks ago. I haven’t heard a thing. Is this usual? 

 

Well yes considering the claimant has 33 days to decide if they wish to proceed...you need to brush up here and read a few threads on what the normal process is.

 

Andy


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If you want advice on your thread please PM me a link to your thread

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It has now been 35 days and I have not heard anything. Is this the usual if they can't counter the SB defence?

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read the letter the court sent you ack'in your defence


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

 

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Drydens have recently responded to my defence. 

 

It says: “Having now had the opportunity of discussing the Defence with our client, we enclose the following documentation addressing the issues you raise in the Defence and in support of the our client’s Claim against you:

 

The relevant limitation period in respect of this type of debt is 6 years pursuant to section 5 of the Limitation Act 1980 (“the act”). By section 29 of the act, there is fresh accrual of the relevant limitation period upon each part payment. We can confirm that the last payment was 18 April 2017 in the sum of £25.00. The limitation defence which you have filled is therefore, without merit”.

 

Then it goes onto say, “we are in a position to progress our client’s Claim against you and would therefore, invite you to now settle this matter without the need for further legal action."

 

Then it says I have 14 days to make the payment or contact their offices. 

 

I’m concerned that it is “14 days” from when the letter was dated, however the letter only arrived this Tuesday (3rd December) although it’s dated 19th November. There isn’t a date stamped on the envelope. 

 

I really don’t want to make contact with this organisation. What can I do? Thanks 
 

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ignore their timeline the claim is well stayed.

 

so have you paid erudio anything since they wrote to you in 2013 was it?

you've mentioned anything before?

 

dx

 

 

 

 


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

 

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I have just been checking my old bank statements and it appears I made a payment to Capquest?! 

 

So does that definitely counter my SB defence? 

 

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opps why didn't you say so

are you sure this payment wasn't made against a differing account number than the number in their POC?

 

 

 

 

 


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

 

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I completely forgot, I didn’t think as it was Cap-quest. 

 

I checked and the payment matches with the number in the POC. 

 

I don’t want to call Dryden’s although I’m concerned about the “legal” action.

 

What do you think I should I do next? 

 

Nasty company!

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well the claim is stayed so don't panic for now.

 

is this the ONLY payment made

and how did capquest get this out of you?

by phone?

 

explain what caused you to make the payment and how you did it please

 

dx

 

 

 

 

 

 

 

 


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

 

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From looking at my emails - they wanted me to set up a plan..  I made three payments of £25 in 2017. Which I forgot about. So is that right that the SB claim is null? 

 

 I stopped because I thought I had defered. But then I realised they had taken over the loan from SLC. 

 

I'm not keen to call Drydens - what can I do next? 

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Who said you have to call anyone

Yes it might upset your defence..however..

 

So how did they con you into paying when you have never earned over the threshold??

Can we see these emails suitably redacted please


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

 

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They are only confirmation emails to say that I have made a payment. It doesn't have that much info on them. Is it worth calling Capquest? 

 

I also can't seem to find any paperwork from Capquest. I guess it was threatening letter - saying that Erudio have passed on my account. 

 

 

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no ringing these fleecers up is what got you in this mess in the first place!!

 

why after 10yrs of being here....

having numerous DCA threads...

being told numerous times NOT to ever use the phone or email

you DO SO and get had blind!!

 

note to future readers..

 

.NEVER EVER RING OR TALK OR EMAIL A DCA OVER THE PHONE OR AT YOUR DOOR!!

 

 

 

 

 

 

 

 

 


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

 

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