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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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Weejon

Arrow/Shoosmiths claim form - old MBNA card debt NI

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dx100uk yes that is correct...N125

 

Sorry I didn't specify...It's with the court costs added that brings it to over £3000.

 

I did receive a claim pack..I was late on opening it.

With it being a Saturday I lodged my dispute online with the generic statue barred comments and phoned the court on the Monday..

thankfully they have took my dispute as priority as shoosmiths had not lodged a default decree yet.

 

Court says keep a better eye on your post and look out for your court date.

This is what I am looking to get prepared with.

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Quote

 yes that is correct...N125

 

Sorry I didn't specify...It's with the court costs added that brings it to over £3000.

 


So is it Small Claims or a Civil Bill  what have they expressed ?

 

Small claims

In general a small claim is one where the value to be claimed is not more than £3,000 and which does not relate to personal injuries, road traffic accidents, libel or slander, title to land, legacy or annuity or any property of a marriage.

If the total sum at issue between the same parties exceeds £3,000, the claimant must either:

  • proceed by abandoning any amount due over £3,000 (this will be expressly noted)
  • issue a civil bill in the County Court for a full hearing (up to £30,000)

Andy


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Definitely small claims.

 

I have printed off CCA request and DSAR and will be posting a CCA and DSAR to arrow and a DSAR to MBNA first thing tommorrow.

 

I can't see the DSAR being returned by the court date tho as I believe it all moves quite fast over here.

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Thanks for the continued help.

 

In regards to sending a DSAR to Arrow.  I believe that a DSAR should be signed.  Should i be sending Arrow anything with my signature on it?

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I have issues about sending any DCA your signature

however in this case as its statute barred it does really matter

if you click SAR

and read all the posts there

I would include a CTAX copy

you only have to prove who/where you are today 


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

 

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I never actually sign anything. No legal reason why you must or should, its just a convention. No point giving them any ammo to fire back at you.

 You could put some XXXXs if you like, it wouldn't make a scrap of difference. 🤣

 

I just end a letter:

 

yours, blah.

 

 

noomill060

 

(Note gap where you would sign a letter normally)

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I would send any letters you send "Signed For" posted at the Post Office at least and keep the receipt and tracking number very safe.

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Update.

 

So I received my court date. Any evidence from both sides needs to be sent to the courts and opposing sides 10 days before the court date.

 No defense to file so this is where things differ from the rest of the UK.

Would bank statements be enough evidence to prove my statue barred case?

 

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It would but you'd have to do so much redacting as no way should you even show those to a claimant. Gives away far too much other data.

 

for want of clarification..it's for the claimant to prove a debt is not statute barred..not for a defendant to prove its not.

 

i have had one scottish claim like this.

i refused to let the fleecers in court see the statements and told the sheriff i was more than happy for him to view them privately.

 

he agreed and got may complete folder of every statement from 1982 till that date (2015) some 600 pages.

 

after a short recess!!..he ask me one further question..did i have any other ways of funding that i might of used..i said yes..he said what types..i said 2 other banks accounts of which both were joint and that i was not comfortable with disclosing the other party 's personal spending ..but had them and would disclose the statements if requested.

 

He asked was the paperwork as comprehensive as the one currently with him..i said yes..he said that will not be required you are under oath i take your word with a smile..

 

absolvitor issued..

 

 

 


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

 

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Thats a very valid point.

This is the only instruction on the letter.

If I don't send proof of no payment to them then surely I could not use that as evidence in court.

Also any ideas how a bundle of evidence should be presented?

 

20191212_223833.jpg

Edited by Weejon

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On 30th April 2012 the respondent defaulted on the terms of the credit card at which stage there was an outstanding balance of 3400.

 

On 21st Jun 2012 this debt was assigned to arrow global Guernsey Ltd.

 

Notice of the above assignment was issued to the respondent at the relevant time.

 

As a result of the above assignment any balance that remains due by the respondent arising out of the above mentioned credit card is now properly due to the applicant.

 

Following post default credits this balance has been reduced to 2900.

 

Please note that the customer last made a payment of 1.00 on 12th Dec 2014.

 

……..

 

30/03/12 balance £3400

20/10/19 balance £2900

                                ---------

                                  £500

so an exact round £500...strange that

 

even stranger that before 12/12/2014 ''post default credits' reduced the balance by exactly £499 ...note they do not use the word payments.

but they do when referring to the £1 

 

what date is the hearing?

 

 

 

 

 


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

 

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Court date is 23rd Jan.

 

I'm looking forward to seeing what evidence they send me of the payments I have apparently made.

 

 

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look at the timeline in the poc carefully.

the a/c was defaulted 30th april

the A/C was not sold till 21st june, some 2mts later

 

I would suggest the £499 was refund of interest or charges or WHY from the OC, hence the different wording

to the phantom £1 payment some further 6mts later they claim by you.

 

the MBNA SAR will most probably clarify the 1st part and should be arriving well in time for your bundle exchange

 

at that time 2012 -14 were you ever aware of what questioning a debt was all about ?? or were involved in any other debt whereby you used a CCA request etc or were in any kind of debt management etc etc.. we don't have old thread history to guess your background.

 

 

 

 


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

 

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They claim £1 payment was paid in 2014. I have bank statements going back to December 2012. They show no payments to the debt. Or even for any payments of £1. This is the only account I have held.

 

I have never used a cca request before and this is my first dealing with this type of thing. Never went into a debt management plan. 

 

I went onto the electoral register at my new address and then a shoosmiths letter arrived about a month later regarding this.

 

 

 

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great stuff.

await the CCA/SAR returns

sit on yours hands for now, but continue your research here on CAG.

 

there are 100's of either 

arrows card claimform.

or shoos or shoosmith claimform

 

threads here

 

use our custom google search box which comes up after hitting the top squares logo for above

wont hurt to read as many as you can.


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

 

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