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    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   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.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   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.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
    • I suggest you start reading around this forum about the steps involved in taking a small claim in the County Court. It's very straightforward but you should understand the steps before embarking on it so that you are confident. We will help you all the way. Once you have done this basic reading then come back here and we can begin the process if you are happy to go ahead. On the basis of what you say, I expect that your chances are better than 90%. I also expect that West Cheshire Facilities Management will want to put their hands up before it goes to court and get a judgement against them. We would want to see your letter of claim before it sent off but I suggest that it is made clear that Social Security's have already been informed and that when you get a judgement against West Cheshire Facilities Management, you will make sure that social services and the health service generally are all circulated with copies of the judgement. If West Cheshire Facilities Management really want to take that risk with all of the reputational and business risk that accompanies it, then they are being extremely shortsighted.
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      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
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Jan v A&L won 24/8/07 - in spite of stay!


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Any comments ?

 

Am I correct in thinking S69 can really only be awarded by court?

 

I have just checked they have offered all charges plus court fee .

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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I have a case with A&L case was stayed - but have hearing tues to have lifted.

 

After nudge to a&L and Sol they have just phoned with offer for all charges plus court fee - no S69 interest

 

Advice please - am I right in thinking only court can award S69 interest

 

shold I ask to see terms of offer before accepting

 

I obviously should call court - do I ask themjust to ajourn hearing until I have the monies?

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Oooh, things are movingicon10.gif

 

You are privileged Jan ... thought it was their policy not to make 'phone calls:rolleyes:

 

Yes, have a good think .. the interest can often amount to a lot. In normal circumstances I'd advise to hang on but, at the moment, it has to be a question of do you need the money now, or can you hang on for x number of months? There's a possibility of course they may up their offer very soon ... who knows.

 

Anyway, good luck and keep us informed. I'm so pleased you've had an offer ... that's great newsicon10.gif

 

Mimi x

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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S.69 interest can only be enforced by a Court, but you can use it in your negotiations if you want to - you are entitled to it, but it depends how much you want to settle for their offer or continue and risk losing.

  • Haha 1

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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that sounds like good news jan

 

even though its without interest at the moment,

at the very least - you now know they are looking at your claim today :)

which must be very reassuring for you.

 

good luck jan :p

 

alice in hobble-land

xxx

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Thanks for your reply - glad there is someone out there!!!

 

 

Its suprising how you get tongue tied however long you have been preparing for this - my total claim including interest was £1468.00

 

They offered £1322.50 .

 

I was pretty sure reading a post in the dim and distant pass that the courts were responsible for final say on S69 - but on the original step by step instructions it says dont settle for anything else.

 

So I took a big breath - after letting them stew for an hour and said.

 

I know in the past your settlement figures have included S69 8% interest.

 

My total claim is £1468 - I will settle for £1400.00 as full and final offer - subject to the written conditions with the offer. In return I will ask the court to ajourn the case, not cancel to give me time to consider your conditions with the offer.

 

They have just called me back - and agreed.

 

So I have won :D :D :D

 

 

Jan

 

Thanks everybody

 

For all your help

 

donation to follow

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Dont worry - I negotiated my self and got the offer up.

 

 

Case Won

 

Just faxing court to let them know.

 

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Suprising even after all the preparation how tongue tied you get!

 

I took a deep breath after letting them stew for a while

 

basically said I know you have settled including S69 interest before and I have incurred a lot of costs bringing this claim - so my counter offer is £1400 ( total was £1468- they offered £1322.50) subject to the conditions of your written offer. In return I will ask the court to Adjourn the case pending approval of any conditions attached to the offer.

 

They just called back and agreed!!!

 

 

Also A&L just called me as I complained about Wragges unprofessional behaviour yesterday:D

 

So I have won-

How do I get my thread title changed??

 

Jan.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Jan

 

A million congrats. This gives us all hope that we can go forward, even in the light of the OFT case!:D

 

You deserve every penny!:)

 

All the very best - Adam

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Sincere thanks to everybody who has helped me over the last few months

 

 

Especially Mimi , alice , william ,jen, kay , Jess ,squarebob my new friend Adam and all those who have posted on my very long thread and very especially to Michael Browne whose threads have been invaluable

 

I hope I dont get too lonley up here in the successes section and a few more join me soon. If anybosy misses me tell them where I am:D

 

I will donate as soon as I see the dosh!!!

 

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Congratulations on getting this far Jan!

 

You now need to box them in on the agreement you've came to, to make sure they stick to their side of it.

 

Don't forget to fill the survey in (link at the top of each forum page) once they've settled...

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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yes I have only postponed the case pending wording of offer.

 

Not quite at the finishing post yet - but I can see it!!!

 

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Thanks

 

I was a bit shocked at the first call and not prepared ,but having a bit of time to think I went back in more confidently.

 

Sad for others though - looks like they have a battle on their hands - some of the banks are playing really dirty.:mad:

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Jan.

 

Well done you, You really deserve this win, hopefully the rest of us A&L freedom fighters wont be too far behind. Well done i'm sooo pleased for you. xx

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Jan Thats FANTASTIC!!!. So much heartache but worth it in the end WOW you must be soooo chuffed.

SO VERY PLEASED FOR YOU:D :D :D

(When will they pay? - cos I'm still waiting patiently)

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Great news!! Very well done!!

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

[email protected].

 

 

 

Thankyou Kennythecelt:)

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Congratulations!!

3 threads merged

 

please keep to the one thread when asking questions or updating .This is in your own interest as you will get much more informed advice when people can see at a glance what you have done so far :-)

 

 

 

 

 

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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FANTASTIC NEWS JAN

icon10.gificon10.gif

 

You deserve this sooo much with all the hard work you've put in, as well as finding the time to help others.

 

Now don't forget that wasted costs application ... (not that I think for one moment you will!)

 

 

Mimi x

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Hi Jan,

 

I thought I'd visit at your thread for a change. I'm keeping clear of mine for the moment - not sure who to trust.

 

I had a private mail about my thread a couple of days before the news broke trying to get me to co-operate on a BBC story but I didn't respond - two days later my identity's out on the BBC news website. I call that suspicious.

 

Anyway Jan, I reallly wrote to say congratualtions and glad you won. It's a shame you never got to put the arguments we discussed before the Judge. I'd love know what the outcome would have been. That's easy for me to say when it's your money! It's great news and I'm very happy for you.

 

Good luck and enjoy spending it.

 

With kindest regards,

John.

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