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    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? After   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   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? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     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? Possibly but can't say for sure.    
    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims 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 allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
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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

Which courts are carrying on????


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just called West London CC and my "hearing" is still going ahead on Tuesday..... Not sure if this is because i put in an amendement form with my Bundle so my original court date was changed to a hearing to discuss the amended claim.

 

Really really really hoping that I can try to get the defence struck off with abuse of process order... Here's hoping.

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Abbey had until Sunday 12th August to send their bundles, they didn't. I went down to my local county court, who by the way were carrying on as normal, LOL, on Monday, 13th to ask for judgement for abbey's non compliance. Let's just say that I can only hold my breath for a very short time. Reading all the posts on this site, I am quickly losing all faith in the once enviable British judicial system. I can see some time in the future, hooligans, murderers and rapists going into their local BANK for sentencing.

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unfortunately the judicial system has collectively dropped it's trousers and let the banks have their way, however it's use poor saps that are feeling SORE!!!!!!

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It would be very useful if you could post what your local court has told you regarding stay on claims due to the OFT report. We dont need to know what the banks said, we all know they will just tell us that they have a stay and that is that.

I am Hoping that this list will help in our argument to have stays set aside, by demonstrating to judges that (at the moment) the majority of courts are continuing with claims on a case by case basis, which is a fair and just way to continue.

Remember that if your claim is involving a credit card claim, then it should NOT be stayed, and if it is you should appeal this decision immediatly.

I also hope to raise the awareness a bit, it may give us all a bit of hope if anyone was fearing the banks letters were right saying all cases were stayed when in fact they werent.

 

All the below seem to be playing by a case by case basis and appear to be all proceeding as normal with current account claims, CREDIT CARD CLAIMS ARE STILL AS NORMAL REGARDLESS OF THE TEST CASE:

 

1. Aldershot & Farnham County Court,

2. Bishop Auckland County Court,

3. Blackburn County Court, NEW CLAIMS BEING STAYED

4. Bow County Court,

5. Bristol County Court, NEW CLAIMS BEING STAYED

6. Caernarfon County Court,

7. Chichester County Court,

8. Clerkenwell and Shoreditch County Court,

9. Croydon County Court,

10. Gloucestershire Family and Civil Courts,

11. Grantham County Court,

12. Hitchin County Court,

13. Hull County Court,

14. Ipswich County Court,

15. Keighley County Court,

16. Kettering County Court,

17. Lancaster County Court,

18. Leeds Combined Court Centre,

19. Liverpool Civil and Family Court,

20. Medway County Court,

21. Milton Keynes County Court,

22. Newcastle County Court,

23. Northampton County Court,

24. North Shields County Court,

25. Norwich County Court,

26. Oxford Combined Court Centre,

27. Romford County Court,

28. Salford County Court,

29. Scun.thorpe County Court,

30. Slough County Court,

31. St.Helens County Court Merseyside

32. Stoke-on-Trent Combined Court,

33. Sunderland County Court,

34. Thanet County Court,

35. Warrington and Runcorn County Courts,

36. Watford County Court,

37. Wellingborough County Court,

38. Welshpool and Newton County Court,

39. Weymouth and Dorchester Combined Court Centre,

40. Winchester Combined Court,

41. Woolwich County Court,

42. Worcester County Court,

43. Wrexham Count Court,

44. York County Court

 

All the below courts have said SOME cases will be stayed whilst the outcome of the test case is decided, this affects current account claims, CREDIT CARD CLAIMS ARE STILL AS NORMAL REGARDLESS OF THE TEST CASE:

 

1. Altrincham County Court,

2. Ashford County Court,

3. Barnsley County Court,

4. Bournemouth County Court,

5. Bury County Court,

6. Carlisle Combined Court Centre,

7. Chester County Court,

8. Derby Combined Court Centre,

9. Hastings County Court,

10. Mansfield County Court,

11. Morpeth and Berwick County Court,

12. Rotherham County Court,

13. Scarborough County Court,

14. Sheffield Laws Courts,

15. Wandsworth County Court,

16. West London County Court,

 

All the below courts have said ALL cases will be stayed, whilst the outcome of the test case is decided this affects current account claims, CREDIT CARD CLAIMS ARE STILL AS NORMAL REGARDLESS OF THE TEST CASE:

 

1. Birkenhead County Court,

2. Blackpool County Court,

3. Bolton Combined Court Centre,

4. Bradford County Court,

5. Brighton County Court,

6. Canterbury Combined Court Centre,

7. Chorley County Court,

8. Doncaster County Court,

9. Exeter Combined County Centre,

10. Gateshead County Court,

11. Guildford County Court,

12. Halifax County Court,

13. Leicester County Court,

14. Luton County Court,

15. Maidstone Combined Court Centre,

16. Nottingham County Court,

17. Oldham County Court,

18. Peterborough Combined Court Centre,

19. Plymouth Combined Court,

20. Poole County Court,

21. Preston Combined Court Centre,

22. Rugby County Court,

23. Southend County Court,

24. Taunton County Court,

25. Telford County Court,

26. Torquay and Newton Abbot County Court,

27. Weston-Super-Mare County Court,

 

The situation at the below is still unclear:

 

1. Aberdare County Court,

2. Aberysthwyth County Court,

3. Accrington County Court,

4. Aylesbury County Court,

5. Banbury County Court,

6. Barnet Civil and Family Courts Centre,

7. Barnstaple County Court,

8. Barrow-in-Furness County Court,

9. Basildon Combined Court,

10. Basingstoke County Court,

11. Bath County Court,

12. Bedford County Court,

13. Birmingham Civil Justice Centre,

14. Blackwood County Court,

15. Bodmin County Court,

16. Boston County Court,

17. Brecon Law Courts,

18. Brentford County Court,

19. Bridgend Law Courts,

20. Bromley County Court,

21. Burnley Combined Court Centre,

22. Burton-upon-tweed County Court,

23. Bury St Edmonds County Court,

24. Buxton County Court,

25. Cambridge County Court,

26. Cardiff Civil Justice Centre,

27. Carmarthen County Court,

28. Central London County Court,

29. Chelmsford County Court,

30. Cheltenham County Court,

31. Chesterfield County Court,

32. Colchester County Court,

33. Consett County Court,

34. Conwy and Colwyn County Court,

35. Coventry Combined Court Centre,

36. Crewe County Court,

37. Croyden County Court,

38. Darlington County Court,

39. Dartford County Court,

40. Dewsbury County Court,

41. Dudley County Court,

42. Durham County Court,

43. Eastbourne County Court,

44. Edmonton County Court,

45. Epsom County Court,

46. Evesham County Court,

47. Gravesend County Court,

48. Great Grimsby Combined Court Centre,

49. Harlow County Court,

50. Harrogate County Court,

51. Hartlepool County Court,

52. Haverfordwest County Court,

53. Haywards Heath County Court,

54. Hereford County Court,

55. High Wycombe County Court,

56. Horsham County Court,

57. Huddersfield County Court,

58. Huntingdon County Court,

59. Ilford County Court,

60.Kendall County Court,

61. Kidderminster County Court,

62. Kings Lynne County Court,

63. Kingston-upon-Thames County Court,

64. Lambeth County Court,

65. Leigh County Court,

66. Lewes Combined Court Centre,

67. Lincoln County Court,

68. Llanelli County Court,

69. Llangefni County Court,

70. Lowestoft County Court,

71. Ludlow County Court,

72. Macclesfield County Court,

73. Manchester County Court (Crown Square)

74. Manchester County Court (Deansgate)

75. Melton Moybray County Court,

76. Merthyr Tydfil Combined Court Centre,

77. Middlesbrough County Court,

78. Mold County Court,

79. Neath and Port Talbot County Court,

80. Nelson County Court,

81. Newark County Court,

82. Newbury County Court,

83. Newport (Gwent) County Court,

84. Newport (Isle of Wight) County Court,

85. Northwich Magistrates and County Court,

86. Nuneaton County Court,

87. Oswestry County Court,

88. Penrith County Court,

89. Penzance County Court,

90. Pontefract County Court,

91. Pontypool County Court,

92. Pontypridd County Court,

93. Portsmouth Combined Court Centre,

94. Rawenstall County Court,

95. Reading County Court,

96. Redditch County Court,

97. Reigate County Court,

98. Rhyl County Court,

99. Salisbury Crown and County Court,

101. Shrewsbury County Court,

102. Skegness County Court,

103. Skipton County Court,

104. South Sheilds County Court,

105. Southampton Combined Court Centre,

106. Southend County Court,

107. Southport County Court,

108. Southwark County Court,

109. St Albans County Court,

110. Stafford Combined Court Centre,

111. Staines County Court,

112. Stockport County Court,

113. Stourbridge County Court,

114. Stratford-upon-Avon County Court,

115. Swansea Civil Justice Centre,

116. Swindon Combined Court,

117. Tameside County Court,

118. Tamworth County Court,

119. Teesside Combined Court Centre,

120. Trowbridge County Court,

121. Truro County Court,

122. Tunbridge Wells County Court,

123. Uxbridge County Court,

124. Wakefield County Court,

125. Walsall Hearing Centre - County Court,

126. Warwick Combined Court Centre,

127. Whitehaven County Court,

128. Wigan County Court,

129. Willesden County Court,

130. Wolverhampton Combined Court Centre,

131. Workshop County Court,

132. Worthing County Court,

133. Yeovil County Court,

 

IF YOU HAVE HAD YOUR CASE STAYED CLICK HERE TO FIND OUT WHAT TO DO NEXT AND HOW TO APPLY TO HAVE STAY SET ASIDE

:madgrin:

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We have had a letter saying our Winchester case is now Stayed pending Test Case Outcome :-(

Claiming £590 in unauthorized OD fees, and £100 in interest from Barclays.

 

Remember "He who pays the piper calls the tune" well I've paid Barclays far too much so bloody well dance!

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Guest amethystdragon

We have had letters today from Lancaster that we will have been allocated to the small claims track in a back to back hearing on the 30th November - Not only that the judge has accepted our draft directions and the shAbbey now have 14 days to file their bundle or the defence will be struck out :D

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I have against the Shabbey due up on 23rd August and I have just contacted Watford County Court. The news is that there is NOT a stay on my case as yet , however any new cases coming through, the Judge is applying a stay to them . I will update you as soon as I get any other info.

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Abbey had until last Sunday to send me their bundle......they didn't, so I fired off a letter to the court asking for them to be struck out for non-compliance. I received a letter this morning thanking me for my letter which has been referred to the district judge for consideration. NO MENTION OF A STAY. Early days I suppose.......wish me luck. It seems that Caernarfon county court are carrying on regardless, for now anyway.

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Looks like my First Direct current account reclaim is continuing at Morpeth. Wahey !!!

 

http://www.consumeractiongroup.co.uk/forum/first-direct/98802-first-direct-should-i.html#post1091678

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Hey ICY,

 

our list made the BBC news LOL we are famous!

 

BBC NEWS | Business | Banks still being sued over fees

 

Extract:

 

 

The website of the Consumer Action Group (CAG) currently lists more than 30 courts in England and Wales where all cases are being stayed.

Another 28 courts are deciding whether or not to stay claims case-by-case.

But nearly 40 courts appear still to be hearing cases as normal and not applying any stays. In more than 100 other courts, the situation is unclear.

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Read it, thats brilliant news, at least it means some people may be reassured that all is not yet lost, Leecabs you deserve the credit for getting this one off the ground.

 

Good that the press for once are working on our behalf, always good to raise the profile a little

:madgrin:

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DD2 had a letter today from Northampton County Court ( not MCOL ) together with the Defence & Counterclaim form :

In the defence box of the form Evershed had typed in -

" We intend to defend this claim and will file a full defence within 28 days of the stay of proceedings expiring "

 

The court letter said:

The file has been referred to the Distric Judge for directions. Please be advised that work is taking in excess of 6 weeks to process."

The defence of the claim should be in on 31st August ( ie 28 days after date of service. So not sure now whether the Judge will grant a stay without them even submitting a defence - what a cop out !!!!! Seems to me that they've actually taken it for granted that they'll get a stay rather than applying for one.

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Just a thought........ It seems to me, reading threads on this utterly brilliant site that the banks are sending their cannon fodder into court hearings to apply for stays, even though none of them have complied with court orders in respect of bundles. Am I correct in thinking that abbey and other banks are excempt from complying with court orders? Could someone enlighten me as to how they get away with it?

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GaryH posted the following clarification about a week ago:

 

Depends on the directions - small claims track standard directions then yes, they don't have to submit documents if they don't intend to rely on any at the hearing. If its been ordered that they must submit a certain document(s), such as a disclosure, and they don't then you can ask for a strike out.

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All you can do at your hearing, when objecting to a stay, is to refer to points in your own bundle and make it apparent to the judge that the defence have come ill prepared. The sticky posted by GaryH yesterday is very helpful for advice. Read it and re-read it. Make em work for their stays

 

Abbey Court Hearings - Important info

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Just been to Watford County Court for my hearing only to discover that the Judge had ordered a stay yesterday . They had allegedly tried to call me via Directory Enquiries to no avail , but the front cover of my Court bundle gives email/landline and mobile no to contact me .

 

Really really cross , didnt even get to go inside the court room .

 

I am awaiting a letter to see whether it was the judge that stayed it or the Abbey applied .

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