Jump to content


  • Tweets

  • Posts

    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website 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 Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Moved home and they were the current energy supplier  Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Changed supplier What was the date of your last payment? Never  Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
  • 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 
        • 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

How many letters to send before court?


dynamo216
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6384 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

Once I know how much I am owed by the bank, how many chances do I need to give them to pay?

 

It seems that people write an original demand and then a letter before action, then go to court.

 

I feel that 2 weeks ia adequate time for my claim to be addressed, so I am planning to just write a single letter, demanding payment in full, and then go directly to a court claim if they don't pay up.

 

Can anyone see a problem with this? Or is this sufficient?

 

Thanks

Link to post
Share on other sites

welcome to the site dynamo,

we are all just a group of people who are following a plan. it is tried and tested - many, many times and it is very effective. in fact, if you follow the plan to the letter - i can just about guarantee you will get your money back.

the single most important piece of information is this: read, read and read again the faqs and step by step instructions. take it all in, and then plunge in to get your money.

here is a very good place to start, sticky.gif Sticky: Newcomer? Here's A User Guide

then, as you've already got a thread started, use it to keep track of what you have done - the dates, any responses, etc. also, ask questions if you don't understand something in the instructions.

good luck, we will help you with specific questions when you've made your start.

Link to post
Share on other sites

well, you are showing that you are giving every chance to resolve the matter prior to court, so that if it does go to court, which it won;t, you can show that you gave the bank adequate time to resolve the matter. i would always follow the CAG way as it is the prescribed route. They do say that patience in a virtue and very seldom found in man!

I came I saw I helped. I could do no more.

 

Link to post
Share on other sites

Hi there

Follow the guidance given ie send a friendly letter asking for it back, then a formal letter and then a letter before action.

This way you can demonstrate if it ever goes into court that you have tried to be reasonable asking for it back

It works for so many people and this is what i am doing with some success, be patient and stick to your deadlines.

you will win just follow all the steps and stick wth it

use the templates too

:cool:

:p
Link to post
Share on other sites

I would also send two letters Prelim letter and then the LBA, the banks are very busy with these letters and sending them two letters is enough but not too much time ;)

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

Link to post
Share on other sites

I only sent 1 as I was reccomended to do this from someone on another site but on here they seem to say to do the LBA, not sure whats best but good luck!!

[CENTER][SIGPIC][/SIGPIC][/CENTER] [CENTER]My claim against HSBC for £4,957!! :rolleyes: [/CENTER] [CENTER]6th November - letter sent requesting refund[/CENTER] [CENTER]20th November - MCOL filed[/CENTER] [CENTER]23rd November - MCOL acknowledged[/CENTER] [CENTER]24th November - Breakdown faxed to Debs at DG![/CENTER] [CENTER]20th November - defence entered[/CENTER] [CENTER][SIZE=5][COLOR=red][B][I]FULL OFFER RECEIVED TODAY!! 21/12/06[/I][/B][/COLOR][/SIZE] :D[/CENTER]

Link to post
Share on other sites

to all of you:

it's all in the step by step instructions - if you don't send an sar (because you have the statements already) it's one prelim letter then 14 days later the lba then 14 days after that you file your claim.

when in doubt, check the steps:

post_old.gifStep-By-Step Instructions

 

people have gone to loads of trouble to put this all in a very readable format, use it, eat it, digest it, love it, or hate it, but do it!!!!!!!

it is it's own reward!!!!!

Link to post
Share on other sites

Thanks for the replies. I'm aware of how to navigate the site and I know the textbook way of going about the claim. But what I meant to ask was, is there an actual legal reason to send so many letters?

 

I already have one successful claim following the standard route, however the process was a bit drawn-out. For this reason, I was considering speeding up my second claim by just sending 1 letter.

Link to post
Share on other sites

patience is a virtue have it if you can sometimes found in women never found in man.

If it ain't broke why fix it.

It is better to stick to the prescribed method as you have won once and will win again with the same method

I came I saw I helped. I could do no more.

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...