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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.
  • Our picks

Hippo v NatWest


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I'm doing my best to, I'd love to be a barrister, should have gone for it when I was much younger, I'd be dead good at it, the barristering, the lounging around, the drinking and lunching, all of it, I'm a tailor's dream, tall, shoulders, waist

 

as to the belly, I started cycling 25miles a day to work a month ago for just that reason, dropped 12lbs already

 

anyway, I'm quite sure those London tailors conquered bellies inside pinstripe centuries ago, you're probably scowling at nasty off the peg suits :rolleyes:

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Ah........... it's becoming clearer by 'the posts'. Barrister = drink, debauchery, licence to lounge like a lizard ready to pounce on one's prey at the least suspecting moment. You need a new username.......... mickytheloungelizard.

 

And I must commend you for your actions. Cycling 25 per day to work? Work from home with an exercise bike in the dining room? ;)

 

And I wouldn't dream of scowling at my cheap off the pegs........... I tend to weep instead!

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that sounds splendid although I think I'll swerve the debauchery, happily married and all that, there's nothing I'd like more than to be a lounge lizard in a well tailored pinstripe suit, with a slightly rakish cut

 

I wish, 25 miles of proper London streets, full on potholes, trucks, hills, idiotic pedestrians, wind, rain, etc etc, good fun on the whole, makes a fella feel alive

 

I wouldn't dream of commenting on your clothes, the narrow target of porky northern barristers in ill fitting suits was my only point

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What you like!!! I confess to being in the same state - happily married, four children and a partridge in a pear tree.

 

I thought the streets of London were paved with gold? (allegedly!) Given the state of the roads, can I safely assume that Local Government in London is as efficient as up north?

 

Mind the potholes! ;)

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only two kids and that's plenty, thing cost more down here

 

the streets of London are as bad as any in this country I reckon, awful, I don;t even know any more who fixes the roads, the Mayor palaver has removed the last of my understanding

 

the very odd piece of new road is like a dream before the normal service resumes

 

right, you're cluttering my grim and serious thread with chatter, get out there and help the site, not forgetting to check on me when I start squealing for help when the defence arrives

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Ha! Enjoy your day!

 

Grim and serious posts only on here folks................ Micky bites don't ya' know! Well........... he pretends to! :D

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a parcel from Natwest yesterday, I really thought that this would be my old statements, I'd written a very clear letter asking for the pre 6 years or an affidavit and made it very clear that I didn't want the same six years again

 

sure enough, my fourth set of six years of statements

 

:mad:

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Well, so long as you're writing a letter............... give the poor trees a mention please mate............ worries me sick all that waste ;)

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defence from cobbetts yesterday, a cheeky day late, the usual bullying aggressive cocky nonsense I think

 

I've only skimmed it at present

 

Am I right to think that a 'proper' copy will come from the court and that's the one I should reply to? Might be an AQ and so on?

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No the couirt don't usually send it out because Cobbetts will have told them they have sent you one. You don't need to respond to the defence at all except, perhaps, to send Cobbetts a copy of your schedule, particulary if you applied via MCOL (I'm sorry, I can't remember if you did or not).

 

The next step is that you will hear from the court about allocation (either with or without an AQ). Wait until you get that before you do anything else.

 

Steven

 

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Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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You could send them an SOC anyway.

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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The Court Notice of Defence arrived today with another copy of NatWest's odious defence

 

And yes, with an AQ, happy happy joy joy

 

Best get busy sorting out the draft directions, the Barclsays one is due quite soon

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Put in 2 - one asking for the defence to be struck out because it is taking the mick and the 'new' draft one

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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thanks

 

'two' what?

 

I'm fairly sure it's the routine Cobbetts defence, is it routine to ask for it to be struck out and does it ever get struck out?

 

Au faite on the draft directions I think

 

you are terse ;-)

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the two draft directions. Sorry for terseness.

 

I am pretty sure you will have been sent a standard Cobbetts defence - tey have a set of paragraphs which they put togther like lego depending on certain tings in your PoC.

 

There are cases where the defence has been struck out - usually after the AQs have gone in. Look at hedgeys thread linked from my signature - New nat west claim.... there is an excellent bit on AQ section G and linking in the draft directions.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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right

 

so an AQ as instructed

 

a letter suggesting the defence be struck out

 

and a letter suggesting the draft directions

 

is the CI element of my claim going to queer any of this?

 

and thanks again, I'll take terse good advice over chatty nonsense any time

 

thanks for the link too, I'll get onto that before the weekend when I'm catching u with everything

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The CI element will not invalidate anything else but be prepared for it being dismissed out of hand at any hearing. At thispoint, because we now know it will not be accepted, it might be better to leave it out. It's up to you though - there is the off chance that NatWest will py up anyway, including the CI

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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see the hedgey thread, outstanding, exactly what I needed
Yep, it's good stuff

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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  • 2 weeks later...

Hey Mickey!

 

 

How come you have to fill out an AQ ?! Is it just up to the individual courts ?

18/04/07 1st letter sent (again)

19/04/07 letter received by Stuart Higley

25/04/07 Usual blabla letter from NatWest "investigating and so on and so forth" received.

08/05/07 LBA sent

09/05/07 LBA received by Natwest

25/05/07 Claimed online by MCOL

Claim served on the 4th of June

Acknowledgment of service received 18th of June

Cobbets defense and Part 18 request received 05 July

Notice of Transfer of Proceedings received 06 July

19/07/07 Allocated to small claims track, refer back after 21 days.

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morning miser

 

I think it's a court by court thing with more and more courts dispensing with it

 

It's stupid for a bank charges claim, if it wasn't for the draft directions and the strike out application, it'd take a minute to fill out and adds nothing to what you've sent the courts already

 

and gouges sir for another £100 soon after being gouged for £120, I have no idea what the extra £100 is for, so much for making the courts accessible for the common man

 

granted I'll get in back at some point but I'd rather have in my pocket for this weekend

 

Smile acknowledged yesterday too so there's another £220 in the pipeline

 

Edmonton court clearly likes me

 

:rolleyes:

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