Jump to content


  • Tweets

  • Posts

    • See what you think of the attached. I have to do some proofreading of an English grammar book for an Italian publisher this weekend - for money! - so I'm afraid corrections and suggestions will come in dribs & drabs.  I've totally knackered the layout, the numbering and the order of your Exhibits but there will be several versions done so don't worry about that ATM. Your arguments are superb. What is less superb is the way you jump from one to the other and back again, so I haven't changed your words, but I have moved the paragraphs around and given each section a heading. New bits are shown in red. Crossed out crossed out in black is something you've quoted from the government Code of Practice, but that has since been withdrawn so unfortunately that argument has to go. Your paras 7 & 8 don't harm your case but to me are waffle and can go.  Keeping the arguments clear & concise will always impress a judge. IMPORTANT - did you ever send Simple Simon a CPR request? Defendant's WS - version 2.pdf
    • Björn Ulvaeus appeared on stage in East Yorkshire at a conference held at the Bridlington Spa.View the full article
    • Hi Schipoo and thanks for the update. This is a brilliant result as rergards your fight with HMRC. If you can manage a Donation to the site, it would be greatly appreciated. Let us know how it goes as regards the fees being sought by Independant Tax.
    • A never ending torrent of **it Outrage as ‘tidal wave’ of sewage floods historic market town’s unique chalk river WWW.INDEPENDENT.CO.UK Exclusive: Water firm pumps sewage into river Misbourne, Amersham on 21 ‘dry days’ during nearly five month period  
    • Worth noting that all of these firms - either the alleged EIS investment, the rebate company themselves or the payee were all registered to the same address. Clavering House is 3 miles away from HMRC Benton Park view offices.   Wardrop - unfortunately unsuccessful due to late appeal - assessments opened by HMRC in March 2019. Scammed by Richard Hall (Capital allowances consultants ltd - Clavering House) investments into Cryoblast Limited 15/16 (Paul Huggins - Clavering House) and Eco Cooling solutions 16/17 (Anthony Fitches - Clavering House).    Mccuminsky - scammed by Capital Allowances after providing his details to Stefan Brown Alpha Tax Consultants (Clavering House) payment made to Eco Cooling Solutions.    Robson - scammed by Capital Allowances - 15/16 paid to Cryoblast 16/17 paid to Eco Cooling.    Myself - scammed by Allan Maxwell - MaxTax (other business Maxwell electronics) registered to Clavering House.   Cryoblast Solutions and Fast Tax - Alan O’Hara    Please note there are two Cryoblasts involved - Cryoblast limited (Paul Huggins and Clavering House) and Cryoblast Solutions Limited (Alan O’Hara also director of Fast Tax).    My return simply said “Cryoblast” another thing that should have been clarified as part of HMRC guidelines before paying out the claim.    Cryoblast limited was already suspected to be involved in fraudulent claims before my investment as Huntly had open assessments issued in November 2018.    Cryoblast Solutions, the same company director as Fast Tax where my money was sent was dissolved before my claims were submitted. 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Hoist/cohen claimform - ex EGG now barclaycard debt


Gonadz
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1283 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

if you have wrongly filed the SB defence, no you can't change it.

but it can be addressed later in the court process.

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

  • Replies 84
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Shall I now send CRB and CCA to the lawyers, claimants...what should I do now ?

 

Can I alter or add to my defence ?

What do I respond to the solictors ?

 

On 18/02/2020 at 15:24, Gonadz said:

I was using and paying it off but ran up the debt prior to 2008 and never used it again after it went over the limit and they started threatening stuff...

 

It was over the limit.

 

Have filled out CCA / CPR / Statute Barred and could go to library to print and send tomorrow.

..then I am in a position to say what has been sent in my defence to County Court Business Centre ?

 

Is there anything strikingly obvious that I could have missed ?

What would have happened if I had done that...I just wanted to cover all possibles....

 

Need some help here please.

..what is likely to happen..

.should I write to solicitors within 14 days as they requested.

..does ' later in the court process ' mean at court or online..

.what action should I now take ?

Link to post
Share on other sites

CRB?


 yes...

get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
..
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
..

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
..
type your name ONLY

no need to sign anything
.
……...….

as already said.....

if you have wrongly filed the SB defence, no you can't change it.

but it can be addressed later in the court process at the witness statement stage if needs be.

 

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...

Hi, 

I sent as suggested and received a reply with the one pound postal order returned.

I didn't receive what was requested within the twelve days.

 

Now received a Proposed Allocation to Small Claims after filing the wrong defence believing that it was statute barred.

I misjudged by a few months short of the eight years.

 

2 options on the notice.

 

Either 1.explain why I feel it is not appropriate for Small Claims...possible replies that they have 

provided me with no documentation or proof that this debt relates to them in any way....

 

Or 2. Complete Small Claims Directions Questionnaire and file it with the Court.

What do you suggest ?

 

Link to post
Share on other sites

Eight years?

its six years

 

you fill in the n180 as any claimform threads already here

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

Follow the link above in my last post

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 OTHER

 

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

Link to post
Share on other sites

I was looking for advice.

I have no money.

 

This has been dormant for several years as you can see on Page 1.

 

Am I better to go to mediation, or to carry on and fight the case ?

They still have not provided the documentation I requested ?

 

With coronavirus can I email a scanned N180 ?

 

Mediation...

Link to post
Share on other sites

you really should be reading up here ….

100's of hoist ex Barclaycard claimform threads to read.

or you will continue to be confused and make further schoolboy mistakes......

 

N180. 

yes to mediation

1 wit you

the rest is obv.

 

3 copies (by post)

1 to the court

on the copy to the fleecers solicitors omit phone/sig/email.

1 for your file.

 

until the actual telephone mediation session

you should continue to agree to mediation

 

when the day comes, you will be asked the same q's on the n180, it's THEN that you state you do not have enough information to make an informed decision (should the fleecers have failed CCA/CRP) . mediation will fail.

 

get reading up!!

 

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

  • 1 month later...

Hi - just received from their solicitors direct quote...

 

" We refer to the above matter.

Please find enclosed for your reference a copy of the Statements of Account.

Further documentation will be provided upon receipt from the Original Creditor.

 

We now invite you to withdraw your defence and submit your proposals for payment of the balance outstanding.

We look forward to hearing from you."

 

There are about 50 pages of transactions with 2 lines repeating STATEMENT COPY STATEMENT COPY in capitals on the top 2 lines of each page.

 

Correct me if I'm wrong but this doesn't appear to be the document I asked for...not sure how to respond.

What do you recommend as the next step ?

Many thanks.

 

Link to post
Share on other sites

just them trying to intimidate you..

 

yours is not the next move.

 

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

  • 2 weeks later...

ok good so you've been reading up then..

 

so what do you say when the mediation call actually happens 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... 

Link to post
Share on other sites

Thanks...

am looking for any other relevant threads...

 

they have also registered the debt on my Credit file...

I saw on Experian..

.is that legal if there has as yet been no judgement ?

 

Where can I find out whether they sent me the correct documentation ?

Link to post
Share on other sites

court claims are nothing to do with accounts appearing or not on your credit file.

the original creditor would have registered the account when you took the card out

it remains there for 6yrs until/unless you settle it or it gets defaulted.

the registration of a CCJ should you lose happens after 28days should you fail to pay any judgement sum and would appear as a CCJ in the public records/judgements section not as a debt account.

 

100's of hoist ex Barclaycard claimform threads here to read use our search top right

or

our enhance google search box .

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

Nothing shows for longer than  6 years on the CRAs unless its an AP marker.

 

External link removed

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 OTHER

 

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

Link to post
Share on other sites

  • 5 months later...

 

 

Mediation failed - I assumed an error saying it was SB'd but said I had insufficient info as no CCA.

 

They told mediator that they have the CCA and were on the point of sending it.

Not sure I believe that as it is Egg from 2008 who were then bought by Barclaycard.

 

They offered me 30% off which was still over £2000 but as I'm already in debt that would be pretty much the same weekly amount for a long time.

 

This next step at the beginning of December is mediation with a magistrate.

I've still had no CCA.

 

Any advice on what to say at this session in a couple of weeks time much appreciated.

Was reading up and thought about applying for a setaside so I can give different evidence (ie that they have not provided sufficient documentation in form of CCA and cannot provide evidence that they actually own this debt).

 

Any advice ?

Link to post
Share on other sites

thanks for coming back after almost 5 months.....

 

where are you getting the idea this is a criminal court case in a magistrates court from?

 

where are you getting the idea from that they have to provide or you need to see... any paperwork at all on a statute barred debt?

 

where are you getting the idea from that you need to set aside anything that not even been adjudged yet let alone to change nor need to your 'evidence'?

 

you need to, i will guess, follow what the court judge at the local court your quoted on your N180 has written on their order - exchange witness statements within 14 days before the hearing date...their are numerous statute barred witness statement here already to base yours on.. 

 

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

Statute Barred was a mistake - I was sadly a few days out.

It then went to mediation and I followed the advice that you guys gave.

 

I think a private message directed me to the Mediation section.

It may have been after you said "so what do you say when the mediation call actually happens then?".

You also said above "

 

until the actual telephone mediation session you should continue to agree to mediation..

.when the day comes, you will be asked the same q's on the n180,

it's THEN that you state you do not have enough information to make an informed decision (should the fleecers have failed CCA/CRP) . mediation will fail."

 

So the first mediation with an independent mediator took place over the phone and failed.

We are now at a further Mediation stage with a magistrate.

 

They just sent me a letter on the 18th saying that this will be done over the phone on December 1st.

Link to post
Share on other sites

On 25/11/2020 at 02:12, dx100uk said:

where are you getting the idea this is a criminal court case in a magistrates court from?

 

 

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

Quote

We are now at a further Mediation stage with a magistrate.

 

Could you possibly scan redact and upload a copy of this letter.....we are not aware of a second level of mediation..particularly with a magistrate.

 

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 OTHER

 

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...