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    • Blame Apple for completely changing how macOS apps needed to be written and verified overnight with Catalina.
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    • Hello All, I was hoping for some help with a  Claim Form received yesterday 15h May 2024.  I have read lots of threads but I just want to check what I am doing. I have acknowledged service noting my intention to defend all of the claim and I have left the contest jurisdiction un-checked. I will today/tomorrow issue a CCA request with a £1 postal order to the claimant and a CPR 31:14 to the solicitor.  For the CCA which section should I use? I am not sure which section Paypal Credit would come under. If the claim was issued on the 9th May am I correct with my defence filing date of the 11th June? Is there anything else I need to do? Thanks in advance   Which Court have you received the claim from ? Civil National Business Centre, Northampton Name of the Claimant ? Lowell Portfolio I Ltd How many defendant's  joint or self ? Self (just 1) Date of issue –  9th May 2024 Defence filing date: Tuesday 11th June?? Particulars of Claim What is the claim for  The claim is for the sum of £255.69 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of xxxxxxxxxxxxxxxx)  The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £0.00. The Claimant claims the sum of £255.69 What is the total value of the claim? £340.69 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 Did you inform the claimant of your change of address? Not applicable Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PayPal credit account When did you enter into the original agreement before or after April 2007 ? After April 2007  Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, shows as defaulted.  Registered when it was bought by Lowell 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 purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Cant find a letter that say so Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Not sure Why did you cease payments? Financial difficulties and mental health issues What was the date of your last payment? ? Mid 2019 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
    • In addition to the advice and questions asked by my site team colleague above, where did you get the template from which you used to reply to the letter of claim?
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Beyond a joke! - ***WON***


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Keep at it, I know its nerve racking and everyone on this site has been through or is going through what you are....In the end it will all work out fine, there is plenty of help and support on this site whatever situation occurs, just hang in there and dont let the BxxxxxxS get you down....;)

Live Long and Prosper!! Dont let the BxxxxxxS get you down....

 

Claiming back

Barclays £1968.00

Egg £100

MBNA £343.80 Recovered so far £140

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If you're waiting till next week to file, add the £76 to your claim.

 

I know it'll mean re-doing all the paperwork. Up to you.

 

Haha! Already thought of that and have updated the paperwork too.

Roll on next Wednesday!

- HALIFAX SETTLED IN FULL 08/06 - £2334

- HALIFAX II SETTLED IN FULL 08/07 - £1785

- INTELLIGEN FINANCE SETTLED IN FULL 07/07 - £380

- EGG SETTLED IN FULL 08/07 - £348

- BARCLAYCARD SETTLED 01/09 - £708

- MONUMENT SETTLED IN FULL 02/09 - £790

 

- HALIFAX III - LOST - £1497 :mad:

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My charges have gone up by £333 since I filed my claim :mad: (paid out today!!!!:p)!

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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...the worse thing is, found out when I was at the court that if you're claiming Job Seekers Allowance you may get away with not paying the £120

Typical, I get made redundant but can't sign on or claim due to my the amount of my compromise agreement, but come Wednesday I'm sure most of that will be 'spent' in various ways to make sure I can claim JSA.

Will update you on Wednesday.

- HALIFAX SETTLED IN FULL 08/06 - £2334

- HALIFAX II SETTLED IN FULL 08/07 - £1785

- INTELLIGEN FINANCE SETTLED IN FULL 07/07 - £380

- EGG SETTLED IN FULL 08/07 - £348

- BARCLAYCARD SETTLED 01/09 - £708

- MONUMENT SETTLED IN FULL 02/09 - £790

 

- HALIFAX III - LOST - £1497 :mad:

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At least the £120 will come back when they pay out, so in the end it won't cost you anything. Mine took 8 days from filing to cash in the account - but they are variable, I got paid after some others who filed the same day and before some who filed before me - no sense to it at all.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Congrats on getting your money back too.

- HALIFAX SETTLED IN FULL 08/06 - £2334

- HALIFAX II SETTLED IN FULL 08/07 - £1785

- INTELLIGEN FINANCE SETTLED IN FULL 07/07 - £380

- EGG SETTLED IN FULL 08/07 - £348

- BARCLAYCARD SETTLED 01/09 - £708

- MONUMENT SETTLED IN FULL 02/09 - £790

 

- HALIFAX III - LOST - £1497 :mad:

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  • 2 weeks later...

:) WOOHOO! Claim filed at last. More than a little nervous now. Can see me being the first of us to lose!

- HALIFAX SETTLED IN FULL 08/06 - £2334

- HALIFAX II SETTLED IN FULL 08/07 - £1785

- INTELLIGEN FINANCE SETTLED IN FULL 07/07 - £380

- EGG SETTLED IN FULL 08/07 - £348

- BARCLAYCARD SETTLED 01/09 - £708

- MONUMENT SETTLED IN FULL 02/09 - £790

 

- HALIFAX III - LOST - £1497 :mad:

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Don't let it worry you too much... I thought that a month or so ago :)

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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It would have been if it wasn't for 'them' continually taking charges. One minute they're happy to let you go overdrawn by £100+ and the next they'll stop something that puts you 2p over your limit?!!

It's done now, so will wait to see what happens. Once this is sorted I'm going to start on my Intelligent Finance Card!

- HALIFAX SETTLED IN FULL 08/06 - £2334

- HALIFAX II SETTLED IN FULL 08/07 - £1785

- INTELLIGEN FINANCE SETTLED IN FULL 07/07 - £380

- EGG SETTLED IN FULL 08/07 - £348

- BARCLAYCARD SETTLED 01/09 - £708

- MONUMENT SETTLED IN FULL 02/09 - £790

 

- HALIFAX III - LOST - £1497 :mad:

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:) WOOHOO! Claim filed at last. More than a little nervous now. Can see me being the first of us to lose!

 

 

dogspods i seriously thought that as well.

 

but ive just received a letter today and they are refunding my charges + interest ;)

Halifax preliminary letter sent 17/05/06 charges £2661.00

Bog Standard blah blah blah letter received 22nd May 2006.

received lengthy letter dated 24th May 2006 offering £605 pah!

letter before action sent registered 5th June 2006

letter received in response to lba offering £1801.00 errrrr no ta

court action filed 23rd June 2006

deemed served to bank on25th June 2006

notice of acknowledgement of service has been filed

they intend to defend

7th july received letter PAYING IN FULL!!!

 

10th July cash deposit £112.58

10th July cash deposit £2869.00

:D :D :D :D

 

HALIFAX SETTLED IN FULL

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Well nerves are even more rattled now. If I had followed my time line the claim should have been filed on the 16/06, but due to even more charges I had to wait until I could raise the £120. The delay in filing isn't going to effect my claim tho is it?

- HALIFAX SETTLED IN FULL 08/06 - £2334

- HALIFAX II SETTLED IN FULL 08/07 - £1785

- INTELLIGEN FINANCE SETTLED IN FULL 07/07 - £380

- EGG SETTLED IN FULL 08/07 - £348

- BARCLAYCARD SETTLED 01/09 - £708

- MONUMENT SETTLED IN FULL 02/09 - £790

 

- HALIFAX III - LOST - £1497 :mad:

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Not at all. You're giving them extra time, so you're being even more reasonable. File the claim as soon as you can afford.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 2 weeks later...

Why is it that things never go smoothly!

Tomorrow will b 2 weeks since I filed my claim and I'm yet to hear from the court or anyone else!

What time scales should I be looking at for responses??

- HALIFAX SETTLED IN FULL 08/06 - £2334

- HALIFAX II SETTLED IN FULL 08/07 - £1785

- INTELLIGEN FINANCE SETTLED IN FULL 07/07 - £380

- EGG SETTLED IN FULL 08/07 - £348

- BARCLAYCARD SETTLED 01/09 - £708

- MONUMENT SETTLED IN FULL 02/09 - £790

 

- HALIFAX III - LOST - £1497 :mad:

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:) WOOHOO! Claim filed at last. More than a little nervous now. Can see me being the first of us to lose!

 

I'm seriously thinking this too. My claim seems to be so much bigger than anyone else's!

 

Let us know how you get on:oops:

[CENTER][SIZE=2][I][COLOR=DarkOrange]Any advice offered is only my opinion, based on my experience with my claim [/COLOR][/I][/SIZE] [SIZE=3][COLOR=Blue][SIZE=2] I won my case because[/SIZE] I READ THESE FIRST[/COLOR][/SIZE] [URL="http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/"][COLOR=red]http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/[/COLOR][/URL] [/CENTER] [FONT=Comic Sans MS][SIZE=1][COLOR=magenta][COLOR=Black][SIZE=3]Halifax[/SIZE][COLOR=YellowGreen]-[/COLOR][/COLOR][B][SIZE=4][COLOR=Red][COLOR=YellowGreen]SETTLED IN FULL[/COLOR] :D:D:D[/COLOR][/SIZE][/B][/COLOR][/SIZE][/FONT][FONT=Comic Sans MS][SIZE=1][COLOR=magenta] [COLOR=SeaGreen]Prelim letter sent [COLOR=Black]10/07/06[/COLOR] Moneyclaim issued [COLOR=Black]07//08/06[/COLOR][/COLOR] [COLOR=Red]Settled in full[/COLOR] [COLOR=Black]15/08/06 [SIZE=2] [/SIZE][/COLOR][/COLOR][/SIZE][/FONT][CENTER][FONT=Comic Sans MS][SIZE=1][COLOR=magenta][COLOR=Black][SIZE=2][COLOR=DarkOrchid][SIZE=1]Survey completed. Donation made[/SIZE].[/COLOR][/SIZE][/COLOR][/COLOR][/SIZE][/FONT] [/CENTER] [CENTER][FONT=Comic Sans MS][SIZE=2][COLOR=magenta][COLOR=Black][COLOR=Navy]Thanks to Dave and Bankfodder, and all who have given their time and advice[/COLOR]:)[/COLOR][/COLOR][/SIZE][/FONT] [/CENTER] [FONT=Comic Sans MS][SIZE=1][COLOR=red][COLOR=Black]Co-op Bank Visa[/COLOR] Settled after LBA (only £61 but hey ho, every penny counts) [/COLOR][/SIZE][/FONT][FONT=Comic Sans MS][SIZE=1][COLOR=#00bfff] [/COLOR][/SIZE][/FONT]

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if they decided to defend which they might well do just to stall the claim and un-nerve you the defence will probably turn up on the last day:mad: if not you win by default.

"THE BEST THING ABOUT PEOPLE WHO PLAY GAMES IS BEATING THEM AT THEIR OWN GAME"

 

old halifax current account and current credit card £1641.53 plus costs---settled after n1 form handed in with no conditions £1761.53:D :D

 

abbey £2638.18 plus costs-n1 form handed in 28/07/20068) WON:wink:

 

wifes lloyds/tsb current account £4600- awaiting settlement offer:D ALL OF IT:wink:

 

neighbours £1800 with lloyds WON :wink:

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Just a note for everyone's attention - if you are receiving state benefits, including Working Tax Credits and/or Child Tax Credits, l understand that you can get the court fees waived or at least reduced. I'm sure the mods will correct me if l'm wrong, but it's worth investigating with yr local court or look at the Small Claims Court procedures/regulations.

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You can indeed get reduced/ waived court fees in you are on benefits

 

As for the delaying tatics yes you are right the halifax hopes you will chicken out at the last minute ........if you need proof read my sig on the claim we have won

 

good luck

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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Just a note for everyone's attention - if you are receiving state benefits, including Working Tax Credits and/or Child Tax Credits, l understand that you can get the court fees waived or at least reduced. I'm sure the mods will correct me if l'm wrong, but it's worth investigating with yr local court or look at the Small Claims Court procedures/regulations.
You'll have to claim on Form N1 instead on the Moneyclaim site, as you need to visit the court with proof of relevant benefits to get your discounted / free rate.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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OK, well the reason I have had no contact from the court or from the Halifax arrived by post yesterday morning.

 

The paperwork and the fee was returned due to not using "Mr" before my name on the court forms!!! :x

 

The most frustrating part is the forms were read and checked over prior to accepting them! AAARRRRGGGGGH! :x :x

 

Oh well, have sent the new forms back to the court by special delivery today, watch this space.

- HALIFAX SETTLED IN FULL 08/06 - £2334

- HALIFAX II SETTLED IN FULL 08/07 - £1785

- INTELLIGEN FINANCE SETTLED IN FULL 07/07 - £380

- EGG SETTLED IN FULL 08/07 - £348

- BARCLAYCARD SETTLED 01/09 - £708

- MONUMENT SETTLED IN FULL 02/09 - £790

 

- HALIFAX III - LOST - £1497 :mad:

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  • 3 weeks later...

At last, my Notice of Issue aarived this morning - deemed Halifax to be served 11/08.

....oh my nerves! - lol :rolleyes:

- HALIFAX SETTLED IN FULL 08/06 - £2334

- HALIFAX II SETTLED IN FULL 08/07 - £1785

- INTELLIGEN FINANCE SETTLED IN FULL 07/07 - £380

- EGG SETTLED IN FULL 08/07 - £348

- BARCLAYCARD SETTLED 01/09 - £708

- MONUMENT SETTLED IN FULL 02/09 - £790

 

- HALIFAX III - LOST - £1497 :mad:

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Not long now then ....yeahhh I can see your nerves have got to you :lol:

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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UPDATE: Letter arrived this morning, Halifax intend to defend "all of the claim"

Very twitchy now - laugh

- HALIFAX SETTLED IN FULL 08/06 - £2334

- HALIFAX II SETTLED IN FULL 08/07 - £1785

- INTELLIGEN FINANCE SETTLED IN FULL 07/07 - £380

- EGG SETTLED IN FULL 08/07 - £348

- BARCLAYCARD SETTLED 01/09 - £708

- MONUMENT SETTLED IN FULL 02/09 - £790

 

- HALIFAX III - LOST - £1497 :mad:

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hi,

halifax defending all of my claim too! By A O Brien. Is he defending yours too???

Good luck

Nona

[CENTER][SIZE=2][I][COLOR=DarkOrange]Any advice offered is only my opinion, based on my experience with my claim [/COLOR][/I][/SIZE] [SIZE=3][COLOR=Blue][SIZE=2] I won my case because[/SIZE] I READ THESE FIRST[/COLOR][/SIZE] [URL="http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/"][COLOR=red]http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/[/COLOR][/URL] [/CENTER] [FONT=Comic Sans MS][SIZE=1][COLOR=magenta][COLOR=Black][SIZE=3]Halifax[/SIZE][COLOR=YellowGreen]-[/COLOR][/COLOR][B][SIZE=4][COLOR=Red][COLOR=YellowGreen]SETTLED IN FULL[/COLOR] :D:D:D[/COLOR][/SIZE][/B][/COLOR][/SIZE][/FONT][FONT=Comic Sans MS][SIZE=1][COLOR=magenta] [COLOR=SeaGreen]Prelim letter sent [COLOR=Black]10/07/06[/COLOR] Moneyclaim issued [COLOR=Black]07//08/06[/COLOR][/COLOR] [COLOR=Red]Settled in full[/COLOR] [COLOR=Black]15/08/06 [SIZE=2] [/SIZE][/COLOR][/COLOR][/SIZE][/FONT][CENTER][FONT=Comic Sans MS][SIZE=1][COLOR=magenta][COLOR=Black][SIZE=2][COLOR=DarkOrchid][SIZE=1]Survey completed. Donation made[/SIZE].[/COLOR][/SIZE][/COLOR][/COLOR][/SIZE][/FONT] [/CENTER] [CENTER][FONT=Comic Sans MS][SIZE=2][COLOR=magenta][COLOR=Black][COLOR=Navy]Thanks to Dave and Bankfodder, and all who have given their time and advice[/COLOR]:)[/COLOR][/COLOR][/SIZE][/FONT] [/CENTER] [FONT=Comic Sans MS][SIZE=1][COLOR=red][COLOR=Black]Co-op Bank Visa[/COLOR] Settled after LBA (only £61 but hey ho, every penny counts) [/COLOR][/SIZE][/FONT][FONT=Comic Sans MS][SIZE=1][COLOR=#00bfff] [/COLOR][/SIZE][/FONT]

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WOOHOO!

Letter arrived this morning, Halifax settled in full - with a very gentle reminder that they can withdraw my "banking facsilities" if I should incure future charges.

Think it may be a good idea to change my bank.

- HALIFAX SETTLED IN FULL 08/06 - £2334

- HALIFAX II SETTLED IN FULL 08/07 - £1785

- INTELLIGEN FINANCE SETTLED IN FULL 07/07 - £380

- EGG SETTLED IN FULL 08/07 - £348

- BARCLAYCARD SETTLED 01/09 - £708

- MONUMENT SETTLED IN FULL 02/09 - £790

 

- HALIFAX III - LOST - £1497 :mad:

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