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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

aquavit

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  1. aquavit
    Thanks for the quick reply dx, that sums it up quite succinctly - in a nutshell, now the CCJ is in force I'm stuffed but no need to worry about ever paying it.
  2. aquavit
    Ok, so does all this mean that I now can't challenge the judgement or get set aside? The fact that I am overseas and my mail is re-directed through a correspondence address obviously implies that there will be delays in me receiving it. I advised the solicitors of my UK correspondence address and they chose to serve the papers at "my last known address" rather than the one I advised them of which eventually reached me very belatedly. If I was being cynical I might think the solicitors did this knowing I would most likely not have time to respond. No-one seems to have commented on the application form/agreement which the solicitors sent me and presumably used to obtain judgement. Does this comply with CCA 1974, can I set aside and then defend on the basis of no legit paperwork?? I guess I could just let this rest, forget about it and maybe make an offer a few years down the line if I felt so inclined?
  3. aquavit
    Thanks for that panther12, whilst I may be able to get it set aside don't I then have to fight again when/if the debt collectors re-apply to the court?
  4. aquavit
    This only applies to the EU though, I don't have a place of residence or an address within the EU where such an order could be served.
  5. aquavit
    I don't need credit, nor likely to in the future. Aside from that are there any other possible downsides to ignoring it?
  6. aquavit
    Thanks again for the quick reply Andy. As an alternative proposition, given that I have no desire or inetntion to return to the UK, should I save myself the hassle and just ignore it?
  7. aquavit
    Thanks for your reply Andy, given the information I've outlined in my original post does it look like I have grounds for this? Surely a set aside should be feasible given I was out of the country and they sent papers to the wrong address? As for a defence, does the paperwork submitted by Blake Lapthorn stand scrutiny?
  8. aquavit
    Ok, so I'm back to square one with regard to statute barred. If I get the judgement set aside do I have solid grounds for defending the application from Blake Lapthorn?
  9. aquavit
    That's disappointing to hear Ganymede, would that still apply if I get the CCJ set aside? Any views on the legitimacy of the paperwork Blake Lapthorn came up with?
  10. aquavit
    Thanks for your reply Dx. The T&C's comprise of five seperate A4 sheets, they look like standard/generic issue, two of them have MB98 printed on them - that may or may not be a date. The PDF I have uploaded is as I received it, on it's own and not obviously relevant to anything else. Blake Lapthorn referred to what they sent me as a "Credit Agreement". I wrote to them from my UK correspondence address (as explained above) I also gave them the address of my lawyers in the Philippines. They replied to my UK correspondence address with the supplied copy of the "Credit Agreement" but then proceeded to court using my last known address which wasn't the one I'd given them. It looks like I could get this set aside, I'll be in the Uk again later this month, but if I succeed in doing that have I got enough "ammo" to fight off the alleged debt? Another year and it'll be statute barred.
  11. aquavit
    Bumping this as any help would be appreciated, is the agreement compliant with CCA 1974 - please see attached PDF. Have I put it in the wrong forum??
  12. aquavit
    Anyone got a view on this?
  13. aquavit
    Thanks for that:
  14. aquavit
    Thanks for the reply, not sure what the problem is with the jpeg, its 266k as a file but only loads at 6k on here?? I gave Blakethorn my UK correspondence address from which I have any mail sent on to wherever I am in the world and also my lawyers address in the Philippines. They chose NOT to use either option and instead served the papers at what they deemed "my last known address".
  15. aquavit
    I have an alleged debt relating to MBNA for £19k, the last payment relating to this goes back to 2009 and I have zero chance of finding any money towards this. It has been passed from debt collector to debt collector all of which I have manged to fob off without sending payment or acknowledging the debt. Arrow Global then purchased the debt and they latterly engaged Blake lapthorn solicitors who wrote to me threatening court action. I replied to them asking for proof of any alleged debt and also advising them that I was no longer Resident in the UK. Blake lapthorn responded by supplying a copy of a signature box and a few separate pages of T & C's. I replied that the paperwork did not conform to the 1974 CCA and that they should therefore drop the claim. They ignored my letter and proceeded to court where they obtained a judgement, I was unable to defend as being out of the UK, I was not notified in time and the paperwork was sent to an old (wrong) address. I do come back to the UK from time to time, should I try and get this judgement overturned (do I have proper grounds to do so) or just ignore it? Attached is a copy of the application form masquerading as a signed agreement.

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