Jump to content

  • Tweets

  • Posts

    • Hi Andyorch and BankFodder I have now completed all the steps I just need to have the final approval to submit after checking, I really do thank you all so much and when the matter is resolved I will proceed to send in a donation for all your assistance as I WOULD NEVER have got to this stage without you all at the FORUM
    • GOOSEDALE LETTER  CAG GOOSEDALE LETTER.pdf
    • daughters confirmation   Claim number: 164MC057 Leicester County Court County Court 90 Wellington Street LEICESTER LE1 6HG 23 October 2020                                  MRS XXXXXXXX v GOOSEDALE LTD T/A GOOSEDALE Dear Sir/Madam In accordance with and under Rule 19.2(4)1, I confirm I have no objections that the District Judge allows myself XXXXXXX (nee XXXXXX to be added to the Claim Number 164MC057 in addition to my mother, Mrs XXXXXXXXX I certify and sign this letter to confirm that I am entitled to be added to the claim under the rules above. I also confirm that I would like my mother XXXXXXX to represent me at any Hearings in this matter as Claimant and deal with the issue, proceedings and claim including enforcement.   Yours faithfully    
    • Morning all   Is it possible to reference a case, even if I have no mentioned in my WS?
    • draft order   Leicester County Court County Court 90 Wellington Street Leicester LE1 6HG   In the Leicester county court Claim, No 164MC057 Before District Judge McClure Dated 23//10 2020 Claimant/s Mrs XXXXXX Mrs xxxxxxxxxxx  (nee xxxxxx xxxxxx) and Defendant Goosedale Ltd T/A Goosedale Draft Order IT IS ORDERED THAT: 1. Pursuant to CPR 19.4.1 and CPR 19.2.2 (a) it is requested that a second claimant xxxxxxxxxxx be added to this claim. It is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings. 2. The proposed amended particulars of claim be reserved Pursuant to Practice Direction 19 (2.1) ###### End of Order ###### Amended Particulars of claim for N1. The claimant and second claimant joinder seek reimbursement of £7700 paid to the defendant on XXX date 2019 in respect of a frustrated contract for a wedding venue booked for the XX date 2020 and which was cancelled by the defendant as a result of implementing government restrictions in respect of Covid 19 Legislation. The principle claimant makes this claim pursuant to Contracts (Rights of Third Parties) Act 1999. The defendant has refused to refund the contract price. The claimant seeks £7700 plus interest plus costs.        
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Hoist claimform - ex barclaycard Debt


Recommended Posts

Just had an email
 

The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.

Provisional Appointment Time & Date

 

A telephone mediation session of up to one hour is available to you on XX/XX/XX between Time  and Time.

Please can you phone us on 0300 123 4593 before the XX/02/2020 between the times of 09:00 and 17:00.

 

Owing to a high level of referrals, mediation appointments are limited and are offered on a first come first served basis.

your case will be transferred to a court to be listed for allocation if we do not hear from you, or all appointments are taken.

 

Please note that this is NOT a confirmed appointment, if we are able to secure a mediation appointment we will send you confirmation.

So, do I phone them asap to arrange and appointment?

Do I get to choose the appointment time for the date they've offered?

Nurselayer v Natwest - Settled in Full :D

Link to post
Share on other sites
  • Replies 79
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

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 gi

stupid ideas follow the tried and tested advice already given any new gov't will never change the biggest financial market in the whole industry.   dx  

Hello, I too am defending an old Barclaycard debt claimed by Hoist and a little further along, you might benefit from my thread with what I imagine will be the same questions that I had and sequence o

Posted Images

Takes a while to get through. The person at the other end knows the drill and will ask if you have the material you require to be able to mediate, you say no (CCA).

 

That simple, getting through to them is the only aggy bit.

Link to post
Share on other sites

for now you still agree mediation, the actual 3 way call might be weeks away.

Nurselayer you really must get reading up part of cag is self help by reading like threads here

and we shouldn't have to nursemain a nurse!

 

 

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... 

 

 

Link to post
Share on other sites

Thanks DX. 

 

I do try and self help and I do read on the bits I'm unsure about and other people who've gone through a similar processes.

I post to double check when I'm still unsure. 

 

As you can see there can be conflicting advice in the cases I've read.

Just like on here where you and Hippo have given different answers.

 
This is my first case like this and so I want to make sure I get it all right.

Apologies though, I fully understand that you aren't here to hold my hand. 

Nurselayer v Natwest - Settled in Full :D

Link to post
Share on other sites

there isn't conflicting advice on mediation its quite clear what we recommend doing

the only confliction is reading posts by users that don't know or don't follow whats already been advised.

 

sadly for some reason, there are lots here that just cant simply walk sometimes without us pushing them and thus get in a right pickle and confuse the be-jesus out of everyone over such simple matters ..like READ what we advise.

 

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... 

 

 

Link to post
Share on other sites

I rang the mediation service and they refused to book an appointment in for me as they were unable to complete the ticklist of things that are necessary to make mediation possible.

The person speaking to me asked if I was happy to make an offer to settle the claim. 

Initially I said that I wasn't as I disputed the claim but I would discuss it during the mediation and the person said that unless I was prepared to pay something then there was no point in mediation and I wasn't able to book an appointment in. They also said the amount that I was prepared to pay could be anything and I didn't have to reveal it so I said yes there was an amount I'd pay.

Then they asked me if I had all the information I needed to make a decision. 

I said no, that I was waiting for information from the claimant. 

They told me that unless I could answer yes to this that they couldn't book the mediation call for me.

I didn't want to say I have all the information I need, because when it comes to the actual mediation phone call I am going to say that I don't have all the information I need (as advised in earlier posts).

I've tried looking through the CAG site but when I search "Mediation" it comes up with 327 pages of results.

I've read a number of them and none of them seem to address this.

 

I've also read Andyorch's sticky at the top of this forum on Alternate Dispute Resolution (Mediation) and his one on The Process of Litigation and CitizenB's one about You've Received a Claim, What to Do.  None of these seem to cover the position I found myself in on this call. 

I don't think I'm an idiot but I also don't want to say the wrong thing and scupper my defence. 

I've tried looking for the answer on the site but I couldn't find it. 

 

The person who was going to book the mediation call for me told me that I can call back and if I give the "correct" answers, they can book the mediation call for me. 

 

I would greatly appreciate advice on how to proceed.

Nurselayer v Natwest - Settled in Full :D

Link to post
Share on other sites

you have to enter into the 'spirit' of the mediation process

- that also entails giving the claimant as much time as possible to produce the information you state you require to make an 'informed decision' upon if to mediate or not.

 

until the actual phone mediation call, whereby the same questions are asked again, whereby you thus say NO to the above one - you state yes to all questions be them in letter, email or by phone.

 

thus you are seen to 'enter into the spirit' of the whole mediation process, thus putting more pressure on the claimant to actually prove their speculative claim as you did with your defence, CCA and CPR requests.

 

its all a great big game of chess. give them time, they will hang themselves without your assistance.

 

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... 

 

 

Link to post
Share on other sites
  • 3 weeks later...

I am on the mediation call. The mediator hasn't asked me if I've got all the information I need.  I've had to tell him that I haven't.

~Help I'm panicking a bit here.

Nurselayer v Natwest - Settled in Full :D

Link to post
Share on other sites

correct say so then

 

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... 

 

 

Link to post
Share on other sites

He's contacting the other party to see what they say. I'm expecting him to ring back. I've said that I don't feel I've enough information to be able to make an informed decision at mediation.

Nurselayer v Natwest - Settled in Full :D

Link to post
Share on other sites

They said they'd sent me everything and that they'd settle for £2400. I said I couldn't make a decision because I didn't have all the information.  Mediator said he'll refer it on to a court date.  I did do the right thing didn't I?

 

Nurselayer v Natwest - Settled in Full :D

Link to post
Share on other sites

:rockon:

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... 

 

 

Link to post
Share on other sites

Fab, thank you for all your help so far.  I shall post when I next hear anything.

Edited by Nurselayer

Nurselayer v Natwest - Settled in Full :D

Link to post
Share on other sites

no you research what is next and get acquainted with how you then should respond...

 

 

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... 

 

 

Link to post
Share on other sites
  • 1 month later...

Hi folks, 

Hope you are all well. I just checked onto Moneyclaim and it says that the last history in the claim is that I filed a DQ. 

It's been 2 months now since I had the mediation call.

 

Do I just sit and wait?

Is there a time limit on what is to happen next? 

 

I've looked on here and as far as I can establish it's all now in the hands of the court to give us a court date - is this correct?

Is it usual to not hear anything for 2 months? (and yes, I know that the courts might be running a reduced service because of Corona)

 

I just want to make doubly, trebly sure that everything is hunky-dory and I don't need to panic.

Nurselayer v Natwest - Settled in Full :D

Link to post
Share on other sites

the next move is not yours.

 

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... 

 

 

Link to post
Share on other sites
  • 5 months later...

Hi folks,

 

Today I received a letter from my local County Court telling me that a judge has allocated this case to the Small Claims track and that it will be heard remotely in April 2021.  The directions given are that 

 

Each party must deliver to the other party and the court copies of all docs on which they intend to rely no later than 14 days before the hearing

 

Original docs must be brought to the hearing

 

Docs sent must include the statements of all witnesses.

There's a fair bit of stuff in the directions but it all looks fairly standard and much of it doesn't apply (maps, police statements etc etc)

It also states that the claimant MUST pay the trial fee of £170 by March 2021.

I assume from reading up on other cases that I do nothing for the moment but wait to see if they pay the trial fee and send the documents they intend to rely on?
 

  • Like 1

Nurselayer v Natwest - Settled in Full :D

Link to post
Share on other sites

i will guess it says exchange witness statements by 14 days before court date too?

 

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... 

 

 

Link to post
Share on other sites

WS by 14days before as the 1st line says

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... 

 

 

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...