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    • Ofcourse you wont be playing twice. i think you dont fully  understand how a secured loan nor a ccj works.   You should have a charge dated from when you signed up to welcome against the property. That reminds until settled.   The fact someone, could have been welcome more likely cabot ? Got a default ccj in oct 2014 doesn't change anything with regards to what you ultimately pay, just a few more fee as it went to court   Your credit file will show who got the ccj Your online deeds will show you who owns the charge now.   I suspect as welcome vanished in 2012 if not before i suggest the debt was sold on ? And the above won't show welcomes name?    
    • What date of issue on the claim form ?   Andy
    • Many thanks..yes I did not want to give any indication that I was aware I had parked on the site at any point especially written down. That said I will keep the new entry in. Do I need to add their ref no etc at the top of the letter and or date of infringement? 
    • Hi, thank you for the quick response.     Yes we asked them for the original credit agreement but they only sent a statement of previous payments and charges, etc. Looking back at the communications, we actually asked for this information a year ago and they sprang into life a few months ago.     The letter of claim only referenced the OD not the credit card.   The last feedback we got from them was that they thought the credit card debt was not statute barred and would be sending information over regarding the OD.   Do I need to mention anything specific in the SRA to Lloyds?
    • I have AoS using MCOL. Slight issue in that it has an old address listed and I had no way of changing it using the system. I have emailed mcol@hmcts.gsi.gov.uk to ask them to amend/update, but don't know if that will work. Regardless, at this point I don't think it changes what i need to do - but correct me if I'm wrong.   So, next step would ordinarily be "get a CPR 31:14 request running to the solicitors asking for all relevant bills" Is that correct? Having said that, I have copies of the bills from Eon, and Lowell have also sent me copies of bills. Should i still go ahead with this regardless?   Folowing this, my next step would be filing my defence, correct? And, now that I've done the AoS. I'd really appreciate a sanity check on when I need to file my defence by if that is indeed the next step.   I'll be looking at more threads. I'd like to be able to put all of this to one side until Feb 3rd (I have an absolutely crucial - 5 years of work to get to it - deadline of 2nd Feb for something I'm working on that is totally unrelated but is eating up all my time until then). Am I correct in thinking it's okay to leave this until Feb 3rd now??   Thanks again for your help thus far. Donation made.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • 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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

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Here we go. I issued a n1 for non compliance with the sar i had sent. i on monday obtained a judgement by default for £4000 at the medway county court. now regardless of what jbw now intend to do or intend to make whatever excuses they want and so on etc i have a judgement which says a lot about them. Anyway as soon as i recieve the details of the judgement(notification) i will post it on here with a link as usual. To top it all of i have also issued a warrant of execution to speed things up. So now the county court bailiffs can see to jbw own bailiffs and so on. Bear in mind that i have been after this company since 2004 ish.

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Yes what i put on the claim form was i estimate this to be more than 4000 if the request is adhered to and the relevant facts declared.this was a 2 part claim. one for the money side which i have got the other is for a car that was seized by the bailiffs. As the bailiffs have not replied to the first summons i have now issued a 2nd one for the value of the car as when the vehicle was taken notes were not made as to the condition of it and also the mileage etc. again a summons has gone out for non compliance. if they do not reply again i will again get a judgement against them they can then argue the toss over it. i did not chase them to declare as the claim would have gone over 5000 and then the fees etc and track would have changed. As it is under 5000 both are being treated as small claims.

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Wow! How much did it cost to file the claim? Its just that my sis just filed for non compliance with Bradford and Bingley. It was £180 just to get £300 compensation.

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Hi

it did not cost anything as i am on working tax and child tax credits and was a fee exemption .

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personally i think jbw might be changing names etc soon. companies usually do this to avoid paying up. If you require a copy of the summons etc then pm me with your email address.

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Here is the link to the judgement i have got against jbw enforcement ltd this week for non compliance with regards to the sar sent to them in septtember last year. click twice on the picture to enlarge it. i am only linking this as there is no space for attachments here.

 

 

 

CCJEDIT1.jpg - Image - Photobucket - Video and Image Hosting

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Rihht i recieved a really trying to be the point phone call from jbw enforcement ltd solicitor who gave me an earful about costs etc that themselves(jbw) will be paying to have the judgement set aside also that an order for costs will be made etc. What i cant get is it possible to ask for costs in a small claim or is it upto the relevant party to keep their costs to a minimum. i got a default judgement jbw solicitors claim that several of their contracts are a stake also that they will be suing me etc. The thing i cannot get is why not just acknowledge the summons and defend rather then kick a stink up afterwards ? Anyway here is as promised is a link to the letter recieved from jbws legal team. can anybody make sense of it ? sorry to put it up so late but was busy trying to sort a second summons which i have put on hold till this is sorted out. i am not worried or anything. What do you say ?

 

bailiffchaser/jbw solicitors - Photobucket - Video and Image Hosting

 

as usual double click on the photos to enlarge them.

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lol, sounds like you hit them very hard where it hurts....

 

The response from their 'legal team' is very interesting, it almost borders on the intimidating...... Sounds more like... he is not getting something at home lol

 

Personally, I would thank them for their letter and apologise that you are unable to agree to their demands.

 

They are making a lot of assumptions, you could always tell them that if they instigate legal proceeding you will seek legal representation and that you expect them to meet these additional costs in full.

 

I hate it, when these companies act like the big I am.....

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tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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A Court can award costs in the small claims. I got taken to Court via the small claims over a debt that wasn't mine - I was merely the employee that was asked to order a service and my name was shown as the purchaser. I made an application to set aside the judgement and the Judge awarded me the £60 application fee and loss of earnings and expenses. Funnily enough the letter from the opposing solicitor also went something on the lines of:

 

"We agree to the set aside providing Mr Biggun agrees:

 

1) to sign a confidentiality clause

 

2) to allow the defendant to be substituted to XYZ Ltd

 

3) that there be no order as to costs

 

Sounds like JBW aren't very good at records management to let a Court case slip by.

23/05/06 DPA Sent to Halifax

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does anybody know exactly which contracts this company has and where ?

would be intresting !!!!!!!

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again confirmation of site from another source thatbwhat they are referring to is high court protocol and not small claims protocol.

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Guest MizzPiggy

Hi,

 

Just a note....

 

It is so important to have a case before you file an N1 claim form and are sure of your facts.

 

If not you will lose. We tell people and warn them all the time, that yes you can claim back your fees, but there is a process. Please, please, don't lose your battle by not being prepared.

 

The civil court system has protocols that need to be followed and you have information to collect to make sure if challenged you can win.

 

As we say on our forum and site, though it is often said here...it is not a quick process, requires careful thought, knowing what you are looking for and the civil court action protocols that are your remedy but failure to follow them, the battle you want to win is lost.

 

Well done Bailiff chaser....a win for anyone is a win! Don't be intimidated and stand your ground.

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Wow! How much did it cost to file the claim? Its just that my sis just filed for non compliance with Bradford and Bingley. It was £180 just to get £300 compensation.

 

I think your sister may have made the incorrect application. When you do the N1 at court, you have to ram it in to the staff it is a monetry claim AND a non compliance claim or they will treat it as something else that costs 180 (Cant remember what it is but I know I have read it on this site). She will have got the 180 back though ?

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Once again this thread is showing how after recieving all of the correspondance and also recieving the judgemnt the company is turning around and is trying to distance it self from this case. Could someone explain why which i cannot make sense of if jbw have recieved all of the previous correspondance they are trying to deny the summons were served on their address through the small claims procedure even though surprise surprise they have recieved the judgement notification from the courts. Do not forget i have been through this with another bailiff company as well(claim and partial settlement). So what are jbw doing ? is me or is is that whoever take jbw on are subject to this abuse ? I have given them 7 days to cough or i will send in bailiffs to remove goods to that value. I believe you must see things to believe them. Regardless jbw have 28 days from the date of judgement to either pay up or have this marked against their name for 6 years . If payment is made within 28 days then this judgement will be removed if not then it will stay on for 6 years and will be marked as satisfied although will still remain on various credit refrence agency files.

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Bailiffchaser,

 

In that letter you posted Oury Clark claim that they have checked with the Court that no Certificate of Service was received. Maybe you should check with the Court yourself - never trust what the opposing solicitor says.

 

I'm not sure of the legalities of whether they will succeed but I haven't seen a letter like that with such coercive pressure. They should become a DCA! :D Oury Clark constantly say that their application is bound to succeed to pressurise you. Maybe you should produce the letter in Court or in a complaint to the Law Society?

23/05/06 DPA Sent to Halifax

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Right what they are referring to is the protocol for if it is a claim issued thorught the high court. So it does not make sense at all. As forthe complaining i will log this with the law society and also will be producing this in court as the law firm have forgotten one thing !!!! without prejudice!!!!!!!!!

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I think your sister may have made the incorrect application. When you do the N1 at court, you have to ram it in to the staff it is a monetry claim AND a non compliance claim or they will treat it as something else that costs 180 (Cant remember what it is but I know I have read it on this site). She will have got the 180 back though ?

 

 

We spent 45 mins at the court filing counter with a huge queue assembling at the back of us. The young girl was trying to tell us that we needed to fill in a pre action form. We knew from information on this site that we should NOT file this form. She kept going to ask colleagues who were sat at their desks, and we could hear some of them saying "well if they dont know which form they need to fill in, how do they think we should know". None of them had any idea. We explicitly told her we wanted to file for non compliance of SAR request and compensation at the judge's discretion. She gave us the form and said, it wasnt at the judge's discretion and we had to choose an amount we wanted to claim and pay extra on a rising scale depending on how much compensation we wanted to claim. The paper cost £150 to file and £30 extra to claim £300 compensation. The claim for compensation went up to as much as £400 just to claim a few hundred more.

 

These people in the courts just dont know what they are doing.

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Right what they are referring to is the protocol for if it is a claim issued thorught the high court. So it does not make sense at all. As forthe complaining i will log this with the law society and also will be producing this in court as the law firm have forgotten one thing !!!! without prejudice!!!!!!!!!

 

If they are claiming that you haven't followed a protocol from a different court system then it sounds like they're trying to blag it even more in their letter and trying to force you to set aside. Sounds like they've ignored the forms or forgotten about them and are now firefighting.

23/05/06 DPA Sent to Halifax

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The relevnt section applies if you are handling the service of the documents yourself. Which i did not do hence cant understand what they are saying or why they are saying it !!!!!!

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Here is a link to the letters fired of to oury john in reply to their intimidating letter. Any comments ? please !!!!!!!!!!!!!!

 

 

bailiffchaser/jbw solicitors - Photobucket - Video and Image Hosting

 

double click on the pictures to enlarge them.

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IMHO

 

I would not put "We suggest you check your facts" I would try and always take the ethical high ground and not draw myself into a slanging match, however much I would like to.

 

The idea to report them to Bailiff Watchdog I would also take out. I would mention the OFT and also advise them that you willbe filing a complaint with the Law Society

 

Hope that helps

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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