Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi   With a SAR all you have to do is ask for 'ALL DATA' (this way it does not matter what format they hold that data whether it be digital, email, telephone calls (recorded), written etc).   They then have 30 Days to comply once they have acknowledged your SAR Request (that is unless they require ID Verification) which the 30 Days time limit does not start until they have verified your ID if requested)   Also can I add in DHL response in post#36 I hate it when any Company/Business etc. has the nerve to use the get out clause of 'Human Error'.    This is not the case as it was 'Maladministration' by DHL' not 'Human Error' as stated to you, irrespective of who/which employee of DHL made the 'Human Error' the buck stops with DHL as who/which employee made that error was Employed by DHL.
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following:     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. .. ..ends..   dx          
    • I passed on the article and link to friend. Between us we will now try get the required info to the correct location so that they (whoever in the Govt) can sort out what he is owed. I will keep you updated.  This thread may help others in similar situations. Ethel Street - very helpful research.  Thank you.  Seems like you came up trumps!
    • numerous erudio/drydens claimform threads here already - use our search top right.   your appears to be statute barred as you've never heard of erudio so would not have deferred since your last direct deferment to SLC in 2013    if you wish to bother to even send CCA/CPR that's upto you but the bottom line is to erudio you've ignored everything to date yoy might also ignore a claimform.   but ofcourse you are not!!   if the above is true   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following: 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. .. ..ends..   dx      
    • Well I would want my £50 back also but hey ho if your satisfied its been resolved.....there was no way you could ever be liable anyway as your contract was with TC not RC.   Thread title updated.   Andy
  • Our picks

flower2

The Financial Repayment Service CMC claimform - PPI reclaim fees

Recommended Posts

Any help/comments on my defence would be greatly appreciated,. I need to submit at the latest on Monday

Share this post


Link to post
Share on other sites

What is the claim for – 

1.Unpaid claim management fees in accordance with the attached invoice in the sum of:- £641.84.

Interest pursuant to Section 69 of the County Courts Act 1984 at 8% per annum amounting to the sum of £0.14 per day from 5th September 2019 until 11th October 2019 amounting to £641.84 + £5.18. Continuing interest at £0.14 per day from the date of issue until judgement or sooner payment

 

 

######Defence######

 

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

 

2.It is denied that any of the amounts stated are due under any contractual agreement.

 

3. On receipt of this claim We requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 7th November 2019.To date we have not received the requested information.

 

 4. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.Therefore with the court’s permission the Claimant is put to strict proof to :-

 

a) Show and disclose and quantify how the Defendant owes the amount in the claim;

 

     Reference S-1002591 from the FSCS confirming the rejection.

     Letter from the claimant dated 8th October 2019 confirming the above .

 

b) provide a copy of the agreement and Terms and Conditions

c) provide copies of telephone conversation with Michael Cooper 10th July 2019 and 1st November 2019.

d ) copy of the signed acceptance form for any redress from Eurosail.

 

It is brought to the court's attention that all the above have also been previously request by way of the claimants Pre Action Protocol dated and returned to the claimant solicitor/director on the 25th September 2019. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

5. Therefore  by reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
 

 

 


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

 

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

Thank you very much Andy.

Share this post


Link to post
Share on other sites

I have today received a letter from the solicitors saying CPR 31.14 doe snot entitle us to the documents requested.

 

Also that they will now proceed to sign judgement as the time for the defence has expired, but I have just checked with the court and the defence was sent on the 18th & the expiry was the 19th.

 

Where do we go from here?

Share this post


Link to post
Share on other sites

what a load of tripe ..ignore them.

 

they don't sign any judgement..thats for the judge to decide if it ever gets infront of him.

 

cpr does apply, I bet they are saying it doesn't apply to small claim track?

well the case hasn't even been allocated to a track yet!!

 

if the above is what they say and not your misunderstanding of legalise ...

then i'd pers be thinking they are desperate and they know its gameover soon for them ..


..

Share this post


Link to post
Share on other sites

Thank you.

I did wonder as when I spoke to Salford they said it takes 4 days after receiving the defence via email. I would have thought a solicitor should know that,

Share this post


Link to post
Share on other sites

Advice please.

 

We have now received notice from the court

1. this is now a defended claim

2. the defendant has filed a defence copy of which is enclosed.

    It appears that the case is suitable for allocation to the small claims track

If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the small claims directional questionnaire (Form N180) and explain why.

 

We have also received a form to use  the mediation service.

 

We need to return to the court by the 11th. (we have been out of the country and only just received, so time is of the essence) 

Share this post


Link to post
Share on other sites

Both std letters in the process

 

use our search

n180

As long as its come from the court not the fleecers


..

Share this post


Link to post
Share on other sites

Thank you

 

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...