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    • 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
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judge striking out defence?


jodyperry
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hi

 

i have just recieved this letter from the court and just wondered if anyone else had anything similar and how long it could be now?

 

IT IS ORDERED THAT

 

The Court of its own motion is considering striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled.

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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Interesting - it should certainly put the cat amongst the pigeons at Cobbetts. They will need to come up with a pretty good response to that.

 

It would appear that they have peed the judge off a bit!

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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yes apparently im like the third ive seen in lincolnshire in a matter of days you think the judges had a christmas do and decided to put the banks in line? lol mines at boston court

  • Haha 1

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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Hi jodyperry,

 

Like josamolly I would also like additional info ie case no etc. I am about to submit my claim against Lloyds so, to try and speed things up I would like to try and put pressure on at the N1 stage. If it has no effect then the next step would be the revised method of AQ.

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I don't think it would be right to start quoting claim numbers and orders from claims that are still ongoing. Besides, the claim form is'nt really the place to anyway, your POC is only for setting out the factual basis of your claim.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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I agree with Gary. I tried quoting cases of default judgement that had been settled in my case against their set aside application. The judge dismissed my submission as irrelevant to my own case and the application she was hearing.

 

We should also bear in mind that this is the opinion of one judge and whilst it is potentially a real milestone for all claimants, it sets no precedent and other judges may allow NatWest to continue abusing the process. It will take an order from a far higher authority than a District Judge to put a full stop to this.

 

Paul

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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We should also bear in mind that this is the opinion of one judge and whilst it is potentially a real milestone for all claimants, it sets no precedent and other judges may allow NatWest to continue abusing the process. It will take an order from a far higher authority than a District Judge to put a full stop to this.

Good point. Its a good start, but no more. I would guess that most judges are still likely to take the more conservative view and give the defendents the benefit of the doubt.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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It's about time someone at the courts noticed the massive abuse of process, especially by Natwest. It is doen to each individual court/judge though, but it might be an angle to try in claims elsewhere using similar wording. However I know others have quoted the amount of claims settled out of court without much success.

 

I can't wait to see Cobbett's reply - please keep us posted!

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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hiya

 

just to let you all know we recieved our cheque this morning from a scared cobbetts!! looks like the judges scare tactics were scarier from theirs!! only it was 116 quid short so speaking to them in a bit. ive also given them my 0701 number so getting my money back from them in more ways than one lol

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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Hi Jody.

 

do you know the name of the judge dealing with this? I sent my AQ off on the 22nd December and i am waiting for a response from Wakefield County Court. i think it would help if i could bring the action being taken in your area to thier attention.

Jennifer Moss:?

 

If the banks have to start charging us to have an account does that not prove that "charges " are making them a profit??

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CONGRATULATIONS!!!

 

Great news, well done:D. Please remember to let the court know that the claim has been settled - this is very important!

 

Heres a letter if you like -

The Court Manager

Your County Court

Court Street

Town

Postcode

 

 

 

Date

 

Dear Sir/Madam,

 

You v ****** Bank Plc

In the ****** County Court

Claim No: ********

 

I write to inform the court that the claim as detailed above, in which I am the claimant, has now been settled in full by the defendant. As such, no further action is necessary in this claim.

 

I wish to apologise to the court for the wasted time spent processing and managing this claim, but would like to add that I made numerous attempts to resolve the matter before the commencement of litigation, which were each time rebutted or ignored by the defendant.

 

It is submitted that the defendant had no intention of defending this claim, and I think it reasonable to infer that filing a defence was solely an attempt to dissuade me from pursuing my legitimate right of seeking a judgement from a court. The pattern of the hundreds of cases settled by the banks in identical circumstances would seem to support this contention.*

 

 

Yours faithfully,

 

* Last paragraph optional!

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Guest Battleaxe

Good letter, perhaps it should be added to the Library. Maybe if the Court Managers get enough of them, they will be able to bring pressure to bear on the Court Service if the patttern is able to be proved and what better way than a pile of letters.

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hi thanks for the letter but im not actually sure whther to accept or not as its 116 short and they are saying that the first 3 charges are before 6 years from the claim date. The thing is they are not before 6 years before i first wrote to them, so may try to argue s.32 of the limitations act. if anyone knows of any letters realting to that please let me know. Jenny i will find out as soon as boyfriend gets home and let you know the details

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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jan you couldnt paste a copy of the letter did you? and did you get the extra back?

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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hi thanks for the letter but im not actually sure whther to accept or not as its 116 short and they are saying that the first 3 charges are before 6 years from the claim date. The thing is they are not before 6 years before i first wrote to them, so may try to argue s.32 of the limitations act. if anyone knows of any letters realting to that please let me know. Jenny i will find out as soon as boyfriend gets home and let you know the details

 

The 6 years is the previous 6 years from when you lodge your claim into court NOT when you first send a letter as many people mistakenly believe.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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is there no way i can argue the limitations act tho?

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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I suggest you read this thread . Did you mention the limitation act on your claim ?

 

EDIT

I meant to say its a long thread so you would be best reading it from the latest posts backwards .

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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unfortunatly not but apparently you dont need to but thanks for the link ill have a good read up

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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hi can anyone take a look over this letter for me please im not sure if its ok and dont want to do anything to jeopardise my claim.

 

Response to settlement offer.

 

Dear Sirs

 

Thank you for your letter and cheque dated 9th January 2007.

 

I will accept the sum of £1599.44 only as part settlement and on the clear understanding that I will pursue recovery of the remainder. You state that the first 3 charges on my claim do not fall into the 6 year time limitation. I would like to draw to your attention S.32 of the Limitation Act 1980;

 

  • (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
    • (a) the action is based upon the fraud of the defendant; or
    • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
    • © the action is for relief from the consequences of a mistake;

    [*]the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

    [*](2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty. . . .

(5) Sections 14A and 14B of this Act shall not apply to any action to which subsection (1)(b) above applies (and accordingly the period of limitation referred to in that sub-section, in any case to which either of those sections would otherwise apply, is the period applicable under section 2 of this Act).

 

By continuously stating that there are no instances where charges have been applied when they were not properly due, I believe client is deliberately concealing the unlawful nature of these charges. Furthermore, as I only became aware of this concealment shortly before sending a subject access request on 12/9/2006 I believe all charges on my schedule are well within the time limitation.

 

I trust this clarifies my position and when I receive the remaining £155.99 due in respect of these 3 charges and the daily rate interest, I will be happy to send the notice of discontinuance to both the court and yourselves.

 

 

Yours faithfully

 

 

 

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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