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    • I received the first signs of life from Shell Energy's "legal counsel" regarding the 1st claim and default judgement awarded against them.   I have attached a redacted copy of the letter where they indicate they look forward to receiveing a letter of confirmation.   I am confident I know why they have sent this request and more importantly how they intend to use any response.   I have prepared two options.   1. Ignore their letter (This is probably the best option).   2. Reply succinctly.     Shell Energy - Warrant of Control Response - Redacted.pdf
    • I found an old defence I used and tweaked a bit. Unfortunately I think I messed up in not asking for a statement in my cpr, while it wasnt referred to in the poc it does have the amount. There were no paragraphs and it looks like it was done on a phone or even an excel import??. I dont know if not requesting the cpr means I cant ask for proof of how they got the amount?   Is that enough about the lack of account details?, I mean my cabot ref is at the top of the page but 100% no aqua account number on here. That would surely come under having to prove    Please feel free to tweak etc. Wasnt sure how to word the s78 stuff as I didnt want to lie with it being not in default till weds.     Photo of poc is shown above to show how lacking it is in format in particular        Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.     It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement and have sought verification from the claimant.   3.     No account details are given in the particulars of claim linking the claim to the defendant.   4.     It is denied or I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua.   5.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement and; (b) show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfill my CPR 31:14 request.   7. On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • Hi Dixon,   If you don't mind, I'm ignoring the CCJ for the moment.   I'm more interested in what you last said to the police about their failure to investigate the fraud against you commited by FTR Ltd and O'Hara.   If you don't want to post it on-thread, send it to me by PM.
    • ok not to put too finer point on the 'silly' mistake ( as in terms of you are a 'litigant in person' - joe public against the 'system') you made on your claim, there are guides on the same website about raising a claim and how to do it properly, but IMHO there should also be LiP leeway regarding this.   did you seek or read any help, as getting the correct entity to sue is quite important, the example you relate too would not be an issue, but suing a corporate entity is, they have lots of money and clever legal eagles.   i have no doubt that, by whatever way, should you rectify this error , you would be successful mind.   on another issue, have you written to apple uk retail offering to mutually settle this if they pay the price of the device or replace it and call it quits?   i will guess this is all you really wanted at the start and now at the end of the day.?   would you seriously lose out money wise if this were agreed?        
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Oh The Audacity of DG


Audreygreeneyes
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awwwwwwwwww bless freaky.. well the good thing is no lasting damage was done to the eye. but you havent mentioned your hand!!! or do we want to know what they did to that.............lol

 

what did freaky scream..... oh thats nice do it again.lol

 

Erm Pete me thinks you really want my hat..........:D;)

rockin all over the world

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Yes I do know and it it very good, cos I always read em. in the hope of learning somehting.............:D and as per usual am sitting waiting the arrival of the postie.........but we all know the answer dont we!!!!.. and if I am not mistake on the news this am they said there was going to be another 24 hours strike from tonight!!!!... oh dear what a pity as I leave tomorrow aft for cornwall:D :D and come back on the 22nd, which is 2 days before DGs submission deadline........lol

 

Are they going to keep it? No. are they going ot make contact NO.........lol.......... have letter already for the court to be handed in on the 25th july asking for their defence to be struck:D anddddddddd she has a letter already drafted to take with her should she actually have to go to the court on the 7.08.07 , having added wasted court cost to this am claiming 50 hours at 9.25 per hour.......

 

My thinking if they leave it that late they will have no option but to sign cos otherwise it goes in front of the judge and will let him decided about the corts cost part......... phewwwwwwwwww that was a long one........

rockin all over the world

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Auburn, go pack your wetsuit and surfboard because nothing is going to happen while your away.

 

You get back 2 days before DG's submission deadline and they will be late anyway so I would call that perfect timing to stop you panicing all over the place .

 

If you get board while your away you could always play spot the Crusher he lives down there somewhere, shouldnt be too difficult to find a green darlek

 

pete

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have a good hol auburn! Eye and hand ok but my pc is broken! Just borrowing one to check my emails.

Hope your cash is waiting for you when you get back!

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Why thank you so very much Pete, I am not panicing.... just airaited... ohhhhhhhh i coudl rip a tissue...........it is extremely bad manners to say the very least........ anyway enough of that.....

 

Well perranporth is the surfers paradise ............ ohhhh young men in wet or dry suits.......:p

 

Popped into the court today to ask if they fail, what would the best course of action be... very nice young man said.......... write to us and tells and if you wish ask the judge to strike their evidence. he also said as they sometimes submit late!!! really well hush ma mouth!!! you could ask that it not be allowed on the ground it would seriously disadvantage you......

 

I am actually looking forward ot them missing it. cos I have the draft already and as soon at 1pm arrives........... off down the court I am to submit it......... cos the mail will have been by then as will special delivery if they choose to send it that way...

 

Just dont like leaving things to the last min like ot be organised.............lol

 

Green is my favourite colour, will look out for him:D

rockin all over the world

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Thanks PD am sure going to try:) weather is light rain, few showers, heavy showers, rain,rain, scattered showers, light rain........so looks like good weather........lol......

 

Son is taking his laptop but not sure is there is wifi where we ae going or not, and my friend is going to come in and check for mail, just incase an envelope arrives from birmingham hahahaha,....

 

Thanks lattie, its sucha lovely place it doenst matter about the weather......

 

Glad the hand and eye are better Freaky, awww shame about the pc, well look at it this way thats youhad the 3 accidents..........lol

 

Now that would be lovely Freaky:D might have time to pop back today before I leave.......:)

rockin all over the world

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  • 2 weeks later...

Good afternoon everyone, back for cornwall. and what do you think??? have DG served me with thepapers they were ordered to???? bearing in mind their deadline is the 24th July.........

 

Holiday was good, weather not really that bad until I tried to come home yesterday!!!!! ........

how is everyone?

rockin all over the world

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lol yo win 1st prize PD nope not a dickie bird............. so tonight and tomorrow I will be typing my letter for the Judge, askign him to strike it and award me the judgement....... I read a Bril letter just before I went away. but can i find it??? nope should have marked the posting I know....... and thanks for the welcome back........:D

rockin all over the world

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Welcome back Auburn! Glad you had a good hol!

I see you haven't spent the time off practicing your typing skills! LOL:)

 

I have seen a few letters for you but I can't remember where they are. I will have a look around.

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is it the one rob used - i've put that one in the aq threads - post 1

 

 

this one?

 

ok, at this point i'm going to insert a letter that rob-the-viking wrote - he wrote this to his local county court and received a court date shortly after - so it may have moved things along - tweak it to your own details - here is the letter:

 

Address

 

You Vs HSBC

Claim No

DATE

 

 

 

Dear Sir/Madam

 

I write to bring to your attention to the fact that the above claim has been waiting for action on the part the defendant for quite some time now.

 

Over 5 weeks have now elapsed since the deadline for submission of Allocation Questionnaires, and as of xx/xx/xx the defendant has yet to file theirs. In my opinion I believe this to be totally unacceptable, with the defendant showing a severe disregard for the clear instructions set out by the Court. Therefore, I respectfully request that the defence be struck out on the grounds of abuse of process by the defendant.

 

In my attempts to resolve this matter without further misuse of the Courts time, I sent the defendant a letter reminding them of the aforementioned deadline dated xx/xx/xx. Please find a copy of this letter attached, also attached is proof of both postage and receipt, via the Royal Mail’s recorded delivery service.

 

Should you need to contact me about any matter that may arise in this case, please do not hesitate to do so using either the above address or phone number.

 

I look forward to hearing from you.

 

 

yours faithfully

 

Your Name

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wooooooooooooohoooooooooooo close of business and not a dickie bird out of DG....... they have failed to serve on me the request ordered by the judge on the 15th may........I will now file for the rejection of their defence ........:)

rockin all over the world

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ok here is the draft for the court as DG failed to serve by the due date what do you think????

I write in relation to the matters as detailed above, and specifically the order in proceedings made by A Proper Officer on 15/05/07.

Since you wrote to the defendant with regards to the claim as detailed above, they have to date, made no attempt whatsoever to engage in dialogue, and all of our letters to them over the past 4 months have not even been afforded the courtesy of an acknowledgement.

We are aware that to date the banks have failed to defend a case in the courts and that they often use the court process to extend and delay the period of time within which they deal with these matters satisfactorily. We first contacted HSBC in January 2007 and it is now July 2007 and feel that 7months is more than a reasonable length of time and as such accordingly, I hope the court will be minded to consider the following case management proposals, and respectfully request that an order may be made as follows

  • That the Defence is struck out as an abuse of process, pursuant to rule 3.4(2)(b) of the Civil Procedure Rules.
     
    On the basis that the Defendant has filed a template defence then subsequently settled each and every other claim of this nature.
     
    Since May 2006, I am aware of over 100 claims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence, then an allocation questionnaire, then has breached the order for pre-hearing directions, then has finally settled without liability shortly in advance of the hearing or trial. A sample list of these claims, including their claim numbers, is attached (attachment 1B).

It is submitted that the defendant’s litigation strategy is flagrantly abusive of the public resource, and further, contrary to almost all of the Overriding Objective’s of the Civil Procedure Rules. It is respectfully submitted that the Defendant will continue to conduct litigation in this manner for as long as it is allowed to do so with impunity.

Please find attached a copy of an order made by Lincoln County court, in at least 6 cases similar to my own, in which Abbey Plc were the Defendant's. The court considered the authority of Mullen-v-Hackney London Borough Council (1997)2 A11ER 906 to be relevant. If this honourable court also considers this authority relevant, I would respectfully request that the court applies its special knowledge of the defendant’s notorious and well established conduct in similar cases when considering order in the present case. Please find attached the case to which I refer

I would aver that if the Defendant has the serious intention of defending this claim at trial, as is indicated by its defence, then it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature.

We ask the court to award judgement in our favour given the exhaustive lengths we have gone to in order to resolve this issue without the courts involvement and the defendant’s blatant refusal to adhere with the court order of the 15th May 2007.

We ask this matter be treated with urgency as the court date is the 7th August 2007 as we have until the 2nd August 2007 to make any representations to the Court we may wish to be considered in the Preliminary hearing, obviously if the judgement was awarded in our favour there would be no requirement for this.

rockin all over the world

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Aubern, I am in a similar position to you. DG have not sent any details to the court or myself and their 14 day deadline was up on the 11th July. I have written to the judge requesting that the case be struck out and when I phoned today the clerk is informing me that they are 4 weeks behind with their cases so very little chance of any action before the hearing. So it looks like it wait and see time and hopefully sooner than later an offer will arrive.

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well am taking it that by the announcement on this evenings news I can for get settlement between now and the 7th august then........

 

I have to say I am VERY disappointed in the OFT, they have had months and months to do this , why all of a sudden right out of the blue?? and exactl;y what kind of deal have they struck with the banks?????:mad: :mad: :mad:

 

What is even more infuriating is those os us who instigated court action 4-5 months ago still not settled and others being settled within 2 months recently!!!!

 

Yes I am ****** off.............. and dare say am not alone ........

rockin all over the world

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Auburn, what is the likelyhood of any test case going in the favour of the banks? Do you think any judge would look at the facts and say " oh yes I do think you are justified in charging £35.00 for someone exeeding their o/d"

I don't think it will happen do you? As pete has said on another thread, at least you will be at the front of the que when the hand out begins, if your judge decides to stay the case pending any result of a test case.

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Welcome to the Consumer Forums

Free advice and support to to solve your consumer problems.

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Which guide to the Sale Of Goods Act

 

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I would think the OFT and the Judicary have turned round to the banks and said if they dont get their arses into court room for a test case every defence will be thrown out for abuse of process, or in other words they would have to pay everything to everyone.

 

This way the banks might have a chance of limiting some of their loss, I just hope the OFT dont cave in.

 

pete

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