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    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
    • did you submit your directions
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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***help Ready 4 Mcol****WON***


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Try as i might Lloyds are continuing to be difficult so i have no choice but MCOL!. You hear this claim to vague stuff all the time whats the best template i can use for POC And also ive not added on the 8% yet and as the amount im claiming is 1400 it could b alot what is the link for the spreadsheet

 

Thanks

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Thanks Lively, when i sent my LBA letters i never put the full schedule of charges with it - I added all the charges manually and just put the amount on on all letters ive sent them - It says on getting MCOL right that i need to send them schedule of charges before i issue MCOL

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Sorry to but in on someones thread, but I keep getting web page unavailable for spread sheets, I had no trouble with them last week.

 

 

they are unavailable at the moment, however use the google link those spreadsheets are working.

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  • 3 weeks later...

Hi Im Filling In MCOL but gettin abit confused - the total debited charges are 1432 ive used ure link above to add the 8% which comes to 314.70. Im Following gettin MCOL RIGHT AND IT SAYS

 

...at a daily rate of £0.xx; - This daily rate of interest is calculated by multiplying the total value of the claim (charges plus overdraft interest, if claimed) by 0.00022

For example,

£1,429 in charges

£27.40 in overdraft interest

Total £1,456.40

1466.58 x 0.00022 = 0.32 - This would therefor be £0.32p on a daily basis.

 

Im Tryin to work out my daily rate but i added 1432 + 314.70 the 8% is that wrong? do i just times 1432 by 0.00022 as i am not claiming o/d interest. Also when do i add on the 8%? Aprompt reply will be appreciated as i want to start claim today!! LoL

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PM a Moderator or Site Helper with your claim details and Court Claim number when you recieve it. They will add it to the litigation section for you.

XxXxX

;)

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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Hi

Send your details to either a Site Helper (names in pink) or a Mod (in green)

Good luck, let us know how you get on.

Barty:)

 

SNAP....lol

:D

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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You wait all day for a bus then........LoL

Wish me luck guys

 

GOOD LUCK

:p

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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I Filed MCOL oN The 9th of may jus curious as to how long it usually takes lloyds to aknowledge this? and how do i no? and finally when they do how far ahead are court dates nowadays ive saw peple quoting july and stuff!!! im from notts doubt any1 there has claimed so shouldnt b a back log!!!

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lloyds will drag it out as long as possible, the court will keep you posted on when things happen.

 

As for court dates - very hard to say but I wouldn't expect it to be too soon.

 

Why on earth do you think nobody else in Notts has claimed?

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Why on earth do you think nobody else in Notts has claimed?

Cos they use Robin Hood instead of the courts ;)

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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You can follow your claim on line just log in with your details and at the bottom of the page it tells you when you filed, when they acknowledged and when you can file judgement etc.

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Jokin!! But whats this about 28 days? and do they always pay the day before court date never before?? ive closed my a/c so there will be no part payment!! could my account closure cause a problem in getting my money back wont they back down?

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If the account is closed then you need to request a cheque payment.

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