Jump to content



  • Tweets

  • Posts

    • Well please can you search everything and get all your documents together. Read them. Understand what you have. And they make sure they are properly filed. Do you have the name and address of the driver? Also I believe that you said that you had received a message from your own insurer saying that you were liable – or something like that. Please can you reproduce that message here – preferably in PDF format
    • As i stated above, i found out a document from my draw that admirel had sent me on the 25th of january. I found it out to see if it had any information about the van. Then i saw that it said ' section l -witnesses , then a male name .
    • You say that you have only just found out that the van driver has apparently got witnesses to the accident. How did you just find this out?
    • Well reading the bullet points is essential. If you think that the bullet points are a correct account of what happened and you are prepared to stand by this account and even eventually sign a statement of truth – in the event that this goes to court – then it is worth going forward. If you think that this is not a correct account then probably we have to stop. If you have received documents from the van driver's insurance then it may be correct not to respond to them at the moment – but we would like to know what those documents are. I'm amazed that your own insurers haven't sent you any formal documents. As I've already said, send them the SAR straightaway. Also I think that separately you should phone them tomorrow and ask them what's going on and tell them that you want documents relating to their finding that you should be held liable for the accident. See what they say about this. They may say that they are not prepared to disclose documents to you. Once again, I've already suggested elsewhere that you should read our customer services guide and implement the advice there. This is essential. My prediction is that if you want to deal with this then you will have to sue the van driver in the County Court for negligent driving. This will be a small claim and so the outlay to you would be relatively minor and you would not have to pay the other side's costs in the event that you lost. I would expect that your outlay would be only about £200. If you won then that would change everything in terms of getting compensation for your car and also in respect of the cost of repairs for the damage vehicles. Also, it would assist on your other thread in dealing with the extortionate price that you been required to pay for the car – which I think we've already indicated is a complete scam. I think you had better start learning not to trust anyone. You can trust us – but you have to make your own judgement on that score – that there is certainly no one else that you can trust in this. Would you eventually be prepared to take a small claim in the County Court? If you have no experience of this then talk to 1 or two people but also read up on this website about the steps involved taking a small claim in the County Court. It's straightforward but you need to know the steps in advance. You will not need a lawyer – but if you did decide to get a lawyer then it will be very expensive and you won't get the money back even if you win.
    • Iv only just seen that the van driver is claiming a witnesses, i didn't know this other than from 10 minutes ago.    I haven't received any documents from my own insurance , the document i received was from admirel - the van drivers insurance.   Yes i have the name and address of the van driver.   There was still ice on the road yes.    I will carefully read through your bulletpoints and comment afterwards.     
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

Idem Claimform - HSBC Credit card from 2005 *** Claim Discontinued***


Recommended Posts

Try again: thanks for bearing with me

 

I have copied the text in post 21 and added in the line missed:

 

Does this now look ready to submit?

 

 

 

The Defendant contends that the particulars of claim vague and are generic in nature. 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.

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC

 

2. I have in the past had financial dealings with HSBC . I am unaware of what alleged debt(s) the claimant refers to having failed to adequately particularise its claim, and have therefore sought clarity from the claimant by way of a Section 78 request and a CPR 31.14 request.

 

In response the claimant has disclosed they do not have an agreement between HSBC and Myself

 

And in response to my section 78 request for the HSBC agreement - was not supplied

 

3. Paragraph 2 is noted but it is denied that I was ever served Notice of Assignment at the time of the Assignment.

 

4. Paragraph 4 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the consumer credit

 

5.Paragraph 5 is noted but I refer you to my point 2 that i am unaware of the alleged debt they are referring to

 

6.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show and evidence the nature of any breach and Default Notice;

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

 

9. 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.

 

 

Link to post
Share on other sites
  • Replies 55
  • Created
  • Last Reply

Top Posters In This Topic

No the above has parts missing use the one in post #21 which I have already edited...there is no need for you to do anything to it except submit it on MCOL

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 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
55 minutes ago, Welly26 said:

Hello DX100 uk, 

 

Apologies, I thought I needed to edit the above to suit my case.. My bad. 

 

there is not a 16 digit number in the claim, its exactly has written. 

 

oh well typical PRA claim they don't even know what type of debt it is !!

 

ruddy fleecers.

our post numbers are diff to 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
3 hours ago, Welly26 said:

Hello, what do think of this? i have taken most of it on the above mentioned posts, i need to submit today really because I don't think I will gain access to a computer tomorrow 

 

1) An agreement between HSBC and Defendant/s (D) subject to standard terms and conditions

2) Claimant (C) purchased the debt 13/10/2016

3) it was a term of the agreement that is any instalment was not paid on due date, C would be entitled to repayment of outstanding balance of total amount payable less (on Payment) any rebate that D maybe entitled

4) D Failed to pay instalments due. C issued a Default Notice requesting payment D failed to pay sums due, which consequently became immediately due and payable, Formal demand issued dated 10/08/2020

5) D has failed to pay outstanding balance of £4277.61

 

************************* FINAL Defence *********************************************

 

 

 

1.  The Defendant contends that the particulars of claim vague and are generic in nature. 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. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

3. I have in the past had financial dealings with HSBC . I am unaware of what alleged debt(s) the claimant refers to having failed to adequately particularise its claim,  or even referring to an account number. I have therefore sought clarity from the claimant by way of a Section 78 request and a CPR 31.14 request.

 

In response the claimant has confirmed they do not have an agreement between HSBC and Myself

 

And in response to my section 78 request for the HSBC agreement - was not supplied and therefore remain in default and prevented from enforcing the alleged agreement.

 

4. Paragraph 2 is noted but it is denied that I was ever served Notice of Assignment at the time of the Assignment.

 

5. Paragraph 4 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the consumer credit

 

6.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence the nature of any breach and Default Notice;

(c) show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

 

9. 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.

 

 

 

 

this one^^

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

What could you possibly counter claim for ?

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 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 never expected to see an option of a counterclaim so pressed no and that looks correct. 

 

Thank you for all your help so far. 

 

what now, do I just wait for the court to contact me? 

Link to post
Share on other sites

use our enhanced google search box

type in claimform lowell card

 

and get reading as many threads as you can

 

the more you read

the stronger we become.

that will also give you advice on what is next

what is to come as the claim progresses

and how to respond.

 

but you are most welcome and advised to check here 1st.

 

 

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

Hello i have just logged on to the MCOL online portal to check if any updates and its says DQ sent to you on 28/09/2020 will this be sent by post and will there be anything I need to do? 

 

Will this be sent in the post? i cant see anything online. 

Link to post
Share on other sites

you should be reading up like threads

 

DQ is the N180 hundreds of threads here ' best to use the search i pointed you too before

 

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

Or use ours and complete on screen...looks far more professional......print 3 copies.

 

 

Your hard copy from the court will contain the date it must submitted by.

 

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 OTHERS

 

 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
  • 1 month later...

Evening, 

 

I have today received a letter form the court, 

 

It says,

 

Before deputy district judge xxxxx sitting at the county court at (address)

 

UPON reading a letter dated 13 October 2020 from the claimant IT IS ORDERED THAT

 

1. the claim is stayed until 4pm on the 20 November 2020

 

2. in the event that the claim has not been settled during the period of the stay, the claimant shall by 4pm on the 18 December 2020, send to the defendant and the court its reply to defence

 

3. Refer back as deskwork upon receipt of reply or expiry of 18 December 2020

 

Dated 26 October 2020

 

Only arrived today and stamped 6th November

 

Any help with explaining what this means? should i not have a copy of the letter sent on the 13th October? 

 

 

 

Link to post
Share on other sites
35 minutes ago, Welly26 said:

3. Refer back as deskwork upon receipt of reply or expiry of 18 December 2020

 

never seen that before...

 

 

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

powerless muppets

 

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

probably nothing to do with this issue and any dca that holds a CCL can check anyone 

wetclothes don't buy debts anyway and are the very bottom of bottom feederes

few can see the search anyway.

 

means nothing

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

It simply prolongs the process and allows the claimant a little breathing space...a claimant can make application to stay a claim before allocation ..as in this case until  4pm on the 20 November 2020.

 

Its a bit daft really because they could have let it stayed after you submitted the defence...then paid the fee to lift the stay if they wished to proceed.

 

Signifies they are struggling and possibly not able to prepare or produce the necessary to proceed at directions stage.

 

Whichever its looking good so dont concern yourself even if it out of the norm.

 

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 OTHERS

 

 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
29 minutes ago, Andyorch said:

Its a bit daft really

 

yes thats what puzzled me ....why apply to stay early...:noidea::crazy:

 

i mean it's not as if idem ever discontinues a claim either... but its a good step that way...

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

well neither wetcloths nor resolvecall will be anything to do with this debt subject to a court claim.

you must have others debts...

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

please create a new topic by hitting create in the top red banner for the cabot debt

 

whilst idem are stating some sort of time limit, i'd not worry about nor replying in time not even at all - see what andyorch thinks

 

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

in your attachment 3 posts up you have failed to follow our upload guide and have used a felt pen to obscure things

we can see right thru that...so can idem ...hidden again.

we must sadly abide by the strict data protection rules this site must operate under.

 

 

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

just a few notes...

if you filed the defence andyorch indicated after amendments. Nowhere did you state you entered into an agreement with idem...

 

there is no default notice 

there is no signed agreement


the 2 sets of T&C can be downloaded from anywhere inc this site ..bogroll.


the statements mean nothing 


the previous payments to them are not admittance to the debt as such, just you got had by them
neither is your F&F offer - with no enforceable agreement nortDN they ain't going nowhere fast - you just ran the SB date a few more years..


there is no signed agreement ....for a take out date of 2006 an agreement MUST have been signed by you and must be produced as the agreement predates the amendments to the CCA arp 2007 which introduced the allowance of digital sign ups and reconstructed agreements.
total bogroll


i can see them discontinuing this case...no wonder they applied for an early  stay themselves and dangled a tomlin order ...

 

fat chance idem

 

nothing for you to do until or unless the court writes.

 

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
  • Andyorch changed the title to Idem Claimform - HSBC Credit card from 2005 *** Claim Discontinued***

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...