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    • the debt is not SB'd as a CCJ must have been awarded to get restrictions said this numerous times now who is drydens stated client on their letter...Arrow global?  
    • Hello   I'm bringing a claim against a company HQ in the EU but with operations in the UK. T&Cs state UK court jurisdiction.    Am I right in thinking that I send 3 x N001 forms + N215 form + Fee cheque to CCMCC?    The court then takes over, seals the claim and serves it on the defendant?    Reason I'm confused is that some guides seem to imply that I get the sealed claim form back from the court and then serve it on the defendant myself?   Thanks  
    • Evening All,   PFA redacted WS and EL, hoping these will be sufficient to defend my case, yet to add a sequence of events section to WS which I will do tomorrow before sending off to CC and can try to post here for your kind review?   Should I also send to OPS at the deadline, I have still received nothing at all from them - or if they don't provide me their WS and EL I duly don't provide mine?    Approaching the end game now!      Thanks!   RATPCN Exhibit List Redacted.pdf Witness Statement Redacted.pdf
    • Yes is definitely an option – but I am rather concerned about the way that the other one went when they brought in Evershed's. It's still going on but I think it made it more worrying for the claimant. The finance company will have the wherewithal to be able to make strategic delays
    • Well at £7300, I think that any car should be able to run without any serious defect manifesting itself at least a couple of years. This car clearly is not in satisfactory condition when it was bought. Also, can we clarify that the finance was made by way of a loan and not hire purchase. It doesn't make a huge amount of difference but it is something that we should know. You have two targets. You can either sue the garage or you can sue the finance company. Somebody else on this forum in the past 2 or 3 months decided to sue the finance company. I rather thought it was an error because it was taking on the more powerful of the two – and it turned out that the finance company then when instructed a proper firm of solicitors who have simply been obstructive. It doesn't mean that the claimant was more likely to lose – but it became a little bit more nerve wracking and difficult. I would suggest that the best thing to do is to sue the garage who are going to be the weaker party and secure a judgement against them. Then if there is any difficulty enforcing the judgement, you can turn against the finance company but with a judgement already in your hand, any resistance should fall away quite quickly. At that point you can also threaten the finance company with an action under FCA regulations for unfair treatment – because what they are doing is clearly unfair. It seems to me that you need to get a move on. On the basis of what you say, your rights are completely clear and I would suggest that you begin by sending a letter of claim to the garage and writing separately to the finance company and telling them that you are going to be seeing the garage and that once you get a judgement you will be coming after them not only under their obligations under the consumer credit act but also under the FCA Handbook rules – COBS - which requires them as a matter of statutory duty to treat you fairly. The finance company will be quite anxious to avoid a judgement for breach of statutory duty. It may be that the finance company will then feel motivated to put pressure on the garage – but nothing is sure. If this seems to be a satisfactory way forward then it will be a matter of sending a letter of claim – probably in tomorrow's post – recorded delivery and an email as well if you want. You have to be sure that you want to do this and you need to search this forum for information on bringing a small claim in the County Court. It's fairly straightforward and because you are suing for less than the small claims limit of £10,000 it is pretty well risk-free. However it is worth knowing your way around because you will feel more confident about it. Please let us know if this is the way you want to go forward. I have to say that if you rather not do this then your only other alternative would be to go to the ombudsman which will be a very slow process and could last easily up to 12 months or more with an uncertain outcome. I would not recommend it   To add, if as a result of the breach of contract on the part of the garage you have incurred additional expenses, then we may probably be able to think about claiming for those as well.
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Yes include weekends and bank holidays. I only gave them 1 working day for postage as i sent recorded. So you post lba on the 19th.

 

Dont worry if yo think your questions are daft.

 

It is easier to answer a daft question rather than fix a daft mistake..:p

 

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just an update, received 1 letter - "sorry your not happy" and their lovely complaints leaflet. Only received it for the 1 account tho so far. Still going to send 2 LBA's for both accounts on the 19th.

:p xxx:)
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just thought I would let you know that they may have included both accounts under one claim reference. I called them because I only received one letter even though I had sent two letters- one for each account, but they have assured me that this covers both accounts, so it may be worth checking.

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I sent just one LBA for both accounts on 5th April, I called on 16th April to make sure they had got it , and was offered a full refund there and then, so that might be worth a try as well.

 

good luck

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  • 2 weeks later...

:? Hi halifax are getting on my nerves!!!!!!!!!!!!!

Have a standing order that went out on 25/4 as usual. Went to the cash point on the 27/4 to withdraw money, machine took my card, came online and noticed bank had taken out my standing order AGAIN on the 27/4 leaving me with nothing, the standing order was £200 so this was a big chunk of my wages to go out x2. Just been online again today to see they have applied a charge for going in the unauthorised overdraft dated the 28/4 and i have an account balance of £30 something and a available balance of £10 something, and haven't been overdrawn at all, what are they going on about you can see clearly that i am not overdrawn, will be adding this charge if they don't take it off. What do i do about the standing order, going to the bank tomorrow. The company i paid it to said they cant refund the money as it's the banks fault. I'm in a right pickle that money was in there to pay for more direct debits, now they are not going to go oput and i'm going to be stung more. What do i do?????????????

:p xxx:)
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Hi Kayadkaz, Have you tried ringing Halifax? I have just checked the direct debit website and found the following:-

 

Direct Debit is one of the safest ways of paying your bills. Organisations using the Direct Debit Scheme go through a careful vetting process before they're authorised, and are closely monitored by the banking industry.

 

The Direct Debit Scheme protects you and your money by means of the Direct Debit Guarantee.

 

This Guarantee is offered by all banks and building societies that take part in the Direct Debit Scheme. The efficiency and security of the Scheme is monitored and protected by your own bank or building society.

 

 

The Direct Debit Guarantee

  • If the amounts to be paid or the payment dates change, the organisation collecting the payment will notify you normally 10 working days in advance of your account being debited or as otherwise agreed


  • If an error is made by the organisation or your bank or building society, you are guaranteed a full and immediate refund from your branch of the amount paid
  • You can cancel a Direct Debit at any time by contacting your bank or building society. We also recommend you notify the organisation concerned.

I hope it helps

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hi

I would have thought that you should be covered under the direct debit guarantee also. Have you found out why the bank kept your card though?. If you have on-line banking it might be worth checking that they haven't put a restriction on your account. We had one put on ours which made it enquiry service only which meant the machine kept our card when we tried to use it. They do this without telling you when they are unhappy with the conduct of your account, ( well they do tell you via post in about 3 days).

 

 

Hope you get things sorted, I'm sure it will be fine its just the inconvenience of it all isn't it.

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If you are doing mcol, it can be very hard to fit everything on the poc. Most people use N1 if combing claims.

HOW TO...DUMMIES GUIDE TO CAG...Read here

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

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ok thanks i will do the N1, i am kind of not understanding the court claim, do i have to go to my court-if so does it matter now cos i have gone over my time scale being a bank hol and not having any money to pay the fees. - the 3rd of may was when the 14 days were up for my LBA

:p xxx:)
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Its ok to just carry on. You take these forms and fill with your own details and make 3 copies, along with 3 copies of your spread sheets. Hand them over at your local county court, and they will do the rest for you.

 

Here is the N1 form...

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

And here is the poc

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

If you need any more help, just shout.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 2 weeks later...

Help i think i have mucked my claim up. My LBA's last day was 3/5/07 but i havent done the N1 form yet as i have been so skint and cant afford to pay the costs upfront.. When i do take the form to my local court how much would i need to pay ?????????? does it matter that it would be a little late cos i really want my money!!!!!!!!!!!!!!!!!!!!!!!!!!

:p xxx:)
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You are still in plenty of tiime to file. Dont worry.

 

Here is a list of court costs...

 

County Court Fees

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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hi ya they were my thoughts when i first joined here but believe me you get all the help you need all the way

 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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yeh dont worry you will get all the help you need on here..:grin:

Barclays

 

S.A.R - (Subject Access Request) sent 26.01.07

Schedule sent 28.02.07

LBA sent 14.03.07

N1 filed 10.04.07

Settlement 14.05.07 (£2270)

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  • 4 weeks later...

Help - i still haven't managed to fill the court claim it's really late now, just haven't had the spare money to fill them.

I received a letter from halifax dated 24th May stating

"they have carried out an investigation of my complaint and they are satisfied that the charges have been correctly applied to my accounts."

blah, blah blah, to finish

"i am sorry to advise you that i am declining your complaint" and sent a photocopy of their complaints procedure

And "if i do not hear from you in the next eight weeks i will assume you are happy"

Is this a standard letter they send!

Am i to late to continue with this claim?????????????????/:-|

:p xxx:)
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yes carry on with your claim it is their standard letter if you need any help just shout stick to your time scales not theres

 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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  • 2 weeks later...

Hi, i am filling out my N1 form and just wondered, where it says "name of claimants solicitors firm" do i need to get a solicitor???????. I have no overdraft interest just charges so hope thats ok. i have 2 accounts can i use the 1 N1 form for both the accounts??????????????

:p xxx:)
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Thank you. I'm a bit late on filling out the N1, with the interest do i calculate it up to the date i file the claim??? i'm guessing yes but i thought i'd better ask

:p xxx:)
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