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    • Topic moved to Financial Legal Issues Forum.   When you have all the details of the debt /claim/judgment...please complete the following and post your responses back here for further advice.       Andy
    • Although I still think you will be ok on the mortgage front, it always helps to find a good Broker who can guide you around these sorts of things. 
    • Hello all   A colleague discovered he had a CCJ recorded against him by Lowell as a result of them acquiring an old Electricity Bill from around 2011.   They lodged their claim in 2019 to my colleagues old address and got a back door judgement.   I helped my colleague draft an application to set aside and it was decided by the court service to hold a telephone hearing which took place last week.   It was slightly comical.    The Judge had got my colleague on the conference call and rang the number provided by Lowell only to reach a call centre person who knew nothing about the case.  She offered to find somebody but the judge was not having it and said they had plenty of time to sort out the case and he had called the number they had provided and expected someone to be ready to handle the case.  He asked her if she was ready to deal with it.  She said she wasn't so the Judge "dismissed" her and was left speaking to my colleague only.   It then turned out that Lowell had submitted a response saying they agreed to the Set Aside providing Each party paid their own costs to which my colleague agreed.   Our application requested a set aside on the basis that the original claim was not received despite the utility having my colleague's address and for SB reasons.   The final outcome was the Set aside was ordered by the Court and the original Claim restored with 14 days to defend.   I am running the case here for any CAGers to advise and comment.   My next step is to write to the Court and Lowell asking for a copy of the original Claim Form without which it is difficult to defend.   The main details are that my colleague paid his electricity bill before moving house and indeed retained the same utility company in his new house, not something he was likely to do if he was evading them.   In any event the defence is an SB one as the original bill was around 2011 and any claim would surely have expired about 2017.   I will get back to the thread with more details.  If anybody wants to comment then all suggestions welcome.
    • All of the above but I don't think their default is going to hurt your mortgage application.
    • Unless you have already sent it – which I don't think it's clear – how about this as an alternative:    
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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
      • 33 replies

No AQ - Straight to PRE TRIAL REVIEW


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Guest welshtart

BIG help please!!!

 

I mentioned before that the sols have sent me a letter for a request for a stay of proceedings, but today I got a letter from the courts saying:

 

IT IS ORDERED THAT

 

1. Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing.

 

2. The copies shall be delivered no later than 14 days before the hearing.

 

3. The original documents shall be brought to the hearing.

 

4. The Claimant must include with his/her documents a schedule setting out the dates and amounts of each charge claimed.

 

5. Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witness whether or not the witness are going to court to give evidence.

 

6. The parties' documents must include copies of any legal authorities on which the parties intend to rely.

 

7. The Defendant must file and serve a skeleton argument at least 3 days before the hearing.

 

It appearing that the test case in the High Court under the title of Office of Fair Trading v Abbey National & others may touch on issues in this case, either party may apply for a stay of proceedings pending the outcome of that case or any appeal there from.

 

Any such application shall be made by 4pm on Thursday 30th August 2007 and a copy served on the other party at the same time.

 

A hearing date for the main action shall not be given until any application for a stay has been determined

 

 

Is 1-7 the court bundle? What has happened to the request for a stay from the sols? Do I still need to send to the sols and court an application for removal of stay?

 

Please help - I'm so confused now.

 

:???:

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ok firstly............. what I think has happened is that htings are crossing in the post............. but what is vital is that you adhere to this letter........ aTRUST ME THEY WONT..........

 

looks liek a mini bundle to me.... Lattie freaky uncle pete jo??? not having done a court bundle. am not sure mine was jsut amini bundle for representation......

 

Any such application shall be made by 4pm on Thursday 30th August 2007 and a copy served on the other party at the same time.

that means that if you possibly can be at the court building to ask in person if the application has been received...........THIS IS MAJOR........ if not you file ot have ti struck out for non compliance........... between now and then we will help you get it all ready............

at the same time get your request to have the stay removed ready.. so that again if it is applied for and granted you are ready to go.................

my guess is that the stay request hasnt been submitted yet..............

 

rockin all over the world

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Guest welshtart

Ok, just to clarify - I need to ask on the 30th August whether a request for a stay from the sols has been received. If not, I ask for the case to be struck out for non-compliance. In the meantime, just in case it is received, I get my application for removal for stay prepared.

 

What if the sols don't send a request for stay until the very last minute? i.e. 3:55pm August 30th. Wouldn't I be too late to get my application for removal for stay in as it is past the deadline date?

 

The letter I got from the sols for a request of stay said that a copy had been sent to the court. Do you think I should ring the court first to see if it has been received, so that I can have plenty of time to get my application for removal of stay in?

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The letter from DG is meaningless properganda, you could write to DG and say you have asked the court for 3 chip butties and it would have the same amount of meaning!!! Your Judge is the only one who can place a stay on your clain and if you havent had a letter from the court he intends to hear your case

 

I read those directions as a full court bundle so get a wiggle on and put one together everything you need should be here... if you have any problems just ask :)

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

 

Might be an idea to start your own thread too, with a name like that Freaky will help you no end

 

newthread.gif

 

good luck

 

pete

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:eek: !!!!:)

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Guest welshtart

Thanks Castlebest. I've already got my court bundles ready - 3 copies (via the Lateralus thread). I wanted to be well prepared, plus I had a good opportunity to use the facilities in work. Heh! Heh!

 

How do I start my own thread?

 

I'll wait until I get a date for the hearing and then send off the court bundles. Just worried that the court has received the sols request for stay and I might miss it. Perhaps I should give the court a ring next week just to check, don't you think? I'd hate to mess it up now after coming this far - even though I'm bricking it going to court.

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Click on this to start your own thread!:D

newthread.gif

[sIGPIC][/sIGPIC]

 

Welcome to the Consumer Forums

Free advice and support to to solve your consumer problems.

You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

New advice guide explains credit card rights

 

Help the CAG!!

Make a donation

 

ARE YOU A VICTIM OF COWBOY BUILDERS?

 

Has your RBS account been transferred to Santander?

 

Forum rules. Please read these before posting

 

PLEASE CHECK OUT THE CAG LIBRARY!! IT HAS LOADS OF USEFUL STUFF IN THERE. CLICK HERE

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