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    • As you have no income, you should complete a benefit check to see if you are entitled to any benefits: https://www.entitledto.co.uk/   You can submit the N244 before a warrant of eviction is granted but all that would do is reset possession proceedings. It is likely that Brittainia will continue with possession proceedings anyway even where the possession order is successfully set-aside. The issue is that you have very little to offer and Brittania is unlikely to agree to let you live in the property indefinitely until you sell it while paying £10 per month, that could take months/years. It wouldn't let you capitalise arrears because you can't meet the mortgage repayments even if they were.   I'd suggest that you speak to a housing advice organisation such as Shelter for assistance, it can gather further information and advise on what your best course of action is: https://england.shelter.org.uk/  
    • Hi,   I need some advice in compiling a defence to a claim sent to me by Moriarty Law on behalf of JC International   The claim is dated 24 May 2019 and I have filed my intention to raise a defence to extend the period to 28 days today   They claim: The defendant owes the Claimant £1075.67 under a credit card agreement with JCIA dated 29/2/2008 and which was assigned to the claimant and notice of which was given to the defendant. Despite formal demand for the payment the defendant has failed to pay and the claimant claims £1075.67 and also claims interest thereonprsuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £86.05   Amount Claimed 1161.72 Court Fee 70.00 Legal Costs 80.00 Total Amount 1311.72   In the pre litigation pack they sent to me (I have a copy as I sent by email) I asked for a copy of the CCA and also stated the debt was statute barred. To date all they have returned to me are statements of account that prove this is over 6 years old. The address they claimed I was at I had moved from long before those dates and my electoral roll supports this so I could have been found.    So my defence items are no CCA and Statute Barred - What is the best phrasing to do this? I presume I also do this at the last minute possible?   Thank you in advance
    • Received paperwork now from them prior to 30th deadline. is it worth uploading here or just send my 181 back with the draft directions from my side? 
    • Ah ok, thanks Andy. As of yet i have heard nothing from the court since i received the N180 from lowells.
    • you NEVER offer PS it opens you up to 6more yrs of harassment as you've ack'd the debt and they'll sell the rest on.   just do the CCA..   its probably very close to SB so they leave things late to get the most interest out of you. if they issue a backdoor CCJ.
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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
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    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
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mackie

help filing in moneyclaim

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Hi l am new to the forum can you let me know where a can get information on filing in the forms on moneyclaim.:?

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Hi Mackie

 

Have you followed the tried and tested procedures here first?..

Going straight to MCOL is not the way to go.

 

Before you start please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later. Our aim is to make you aware of your rights as a consumer, enabling you to fight back against unlawful bank, credit and store card charges. In the website you will find information on how you could get your money back

 

Then look at other threads in your bank’s forum, so as you know what you can expect to happen. You can claim back your charges, and a few are trying for the payback of Early Redemption Charges on loans and Mortgages.

You need to spend 2 or 3 days gradually getting your head round everything. If you find a forum/thread/post of interest, save it in your Favourites, so as you can always find it easily.

 

There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time.

 

Take your time and have a good read around this site. Then come and join us in our forum. Here we can guide you every step of the way. Please remember, we are here to help you help your self.

 

When you feel confident that you understand the process and the various stages involved, start a new thread in your bank’s forum and post your progress and any questions there and you’ll get plenty of help.

If you any questions please do come to the forum and we will only be too happy to help you!

Please also understand that any advice that you receive is normally based on experience and expert advice should be sought if needed.

 

All the info to get you started is here:

http://www.consumeractiongroup.co.uk...se-read-these/

There are more links below to assist you get around the site.

 

Good luck

Ukaviator

 


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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ukaviator

Great piece of advice and excellent information just one area of assitance would be appreciated

 

Once you have completed all the MCOL information and you here nothing from the banks and the court date comes and goes, file for judgemnt by default, great.

what happens if the bank decides to 'request to set aside' the judgement is there any guidance notes for this and the steps need to resolve this issue.

 

There are two of us in a similar position and we rack our brains looking for the help and guidance

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Hi Bjberry

 

That probably won't happen. The banks have not gone to court yet over bank charges. You file, they acknowledge, sometimes a defence is filed by them. They just then pay up after a short while. Always be prepared to go through with court though, you never know.

 

Ukaviator


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Hi ukaviator

 

I have followed all the other steps and i am now waiting to a response to the letter telling the bank that the next step is taking them to the small claims court l just did not want to get to this stage and fill the forms for the court in properly. do u think it is best to go on line to moneyclaim or to go to your local court and file a small claims.

 

thanks mackie

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HELP

 

please could any one tell me how many days l have to wait after the bank have acknowedged my claim is it 14 days or 28 days.

 

thanks

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After acknowledgement the bank has 14 days to submit a defence. Please note that defences are frequently submitted at or just after the last minute and that a late defence (by a day or so) will often be accepted by the court.


If in doubt read the

FAQs

 

If still in doubt - ask!

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my bank acknoweged my claim on the 14th february when l telephoned the help no at money claim they informed me that l could not enter a judgement by default until the 13th of march l am completely confused now.

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When was the date of issue of the claim?


If in doubt read the

FAQs

 

If still in doubt - ask!

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notice of issue was 6th feb

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notice of issue was 6th feb

 

So deemed served on the 11th Feb, they've 28 days from then to submit their defence, so you should be able to obtain judgment from 12th March.


If in doubt read the

FAQs

 

If still in doubt - ask!

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thanks for all your help

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Makie please start a thread in your bank group


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi l am new to the forum can you let me know where a can get information on filing in the forms on moneyclaim.:?

Mackie

Please say which bank you are dealing with,or find your banks forum and start the thread in there. Say which bank and it can be moved to there.

 

Thank you,

Good Luck,

Happyolddog.

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I have received a letter from cobbetts they have entered a defence and they are also asking for further information. Can someone help me as to what l have to do this is what they have asked for.

 

This request is served pursuant to CPR Part 18 alternatively with regard to CPR Rule. 27.2(3)

The reason(s) why this request has been served are set out in the Defence which has been served by the Defendant.

 

You are asked to provide a response to this request in accordance with CPR Part 18 by 23 March 07.

 

In the event aht you do not provide an adequate response to this request by this date (or such other date as my be agreed with the Defendants solicitors) then the Defendant can apply to the Court for an order requiring you to provide the information requested or (in view of the deficiencies in the way that the claim is pleaded) an order striking out the claim.

 

Please provide the following particulars in support of your claim.

 

In relation to each charge please identify (a) the date when the charge was charged. (b) the amount of the same and © the reason given for the charging of the same.

 

In relation to each charge, please clarify the following (a) is it the case of the claimant the same should not have been charged? (b) if yes please explain why the claimant contends that the same should not have been charged? © if no is it the case of the claimant that the same should not have been charged in this amount. (d) if yes please explain why the claimant contends that the same should not have been charged in this amount and identify the sum the claimant contends should have been charged. (e) if no please state the claimants case.

 

thanks

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Hi Mackie,

 

Don't have any experience myself of Cobbetts and the CPR 18 request, but i believe there should be some relevant information here

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

 

best of luck

 

BB

 

Any advise offered is my own opinion, and if in doubt, always seek clarification.

If you found it helpful or useful please click the scales on the left.


Any advise offered is my own opinion, and if in doubt, always seek clarification.

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I have merged your threads, Which bank is it RBS or Natwest? I will change your title then.


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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I am with Nat west bank

But l am now at the stage that the bank have entered a defence and l need help with the information that they are asking for it is around the CPR 18 can you help me with this

 

thanks

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