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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are 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. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant 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; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. 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.
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Too Many Posts Going Unanswered: Your Help Needed


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Thread Locked

because no one has posted on it for the last 4579 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Every week there are, on average, upwards of 80-100 new posts that don't receive a reply ( and at a time when the forum is relatively quiet). Obviously there is a percentage that quite clearly don't necessarily need a response, but if you are a first time poster, it can be dispiriting not to receive any answer at all.

 

 

All you need to do is click on Search and then Advanced Search:

 

AdvancedSearch.jpg

 

 

 

 

In the Search Options box:

 

SearchOptions.jpg

 

 

Change 'At Least' to 'At Most' and select either 'Your Last Visit', 'Yesterday' or 'Last Week' and click on the Search Now button.

 

Or you can just click here. (thanks to Barracad)

 

 

Even if you don't know the answer to the query, just a word of support or encouragement will bump it, where hopefully it can be seen by someone with more expert knowledge.

 

So please try and make a '0 Search' whenever you can and help keep '0 replies' to a minimum.

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Thank you, Michael. :-)

 

To add to this, you may be a relative newbie, and you think that maybe there are people with more knowledge or experience or "seniority" who can answer, or you don't want to be seen to put yourself ahead. Please don't ever feel that way and never hesitate to respond. That's how this site grew and keeps on growing, thanks to us all ordinary users. :-)

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Tyvm for this Micheal, I frequently check the "new posts", but will now use the "advance search " opriot, never know I might be able to help or point a newbie in th right direction

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All opinions expressed are my own and have no legal standing and no connection to CAG

 

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<<<<<< If any of this has been helpful, PLEASE click my scales

 

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Hi Michael

 

I for one am not always sure of the answers and don't want tp send 'duff' information. I think others feel the same and this tends to put you off saying anything. Saying that I will start to answer any I see if only to say hello.

 

Cheers

 

Chris:)

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Jailbird,

 

See post#2. If you're not 100% sure of any advice, just say so in the post. It's not a crime to be mistaken, someone will always correct it, if necessary, and that way the OP, you and other users learn and add to their knowledge. I should know, I've done it often enough myself :eek:

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Hey great idea, cheers for the advise. Funny I always check new posts and thats how I found this post but checking for 0 posts is much better and effective. MAYBE a good suggestion to admin to add as a function at the top navigation bar alongside of new posts. if possible.

 

 

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Guest louis wu

For the past few days, I have been looking for unanswered threads, and TBH, I never realised there were so many.

 

I find, however, that the unanswered ones are sometimes the real tough questions. I agree Jailbird, it is sometimes difficult to have a go when your not really sure, but I have decided that just plain moral support helps, and gives the thread a little bump to the top of the page, where hopefully someone will see it who can really help.

 

I do remember being new, and worried about making my first post (first few posts in fact), but the friendly comments I recieved helped ease me into CAG gently. Never forget, a friendly word can sometimes mean more, and do more than a really important fact.

 

Great thread (as always) Michael, we all need a reminder as to the real basics of what we do, and what CAG represents.

 

louis

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Yes - thanks Michael.

 

I still don't like answering posts when I don't know the answer. But you're right -just the sense that somebody is there when you are new is, as louis says, the kind of moral support that is needed.

 

Point taken, and I will try.

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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I jus did a search as MB suggested - only 20 at the moment - and I really do not have a scoobie about any of them.

 

Looks like a lot of folk have been working hard.

 

:)

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Guest louis wu

We've got it down to about 40 now.

 

Since MB's first post, it has come down to about the 40 - 50 post mark, but rarely (ok never that I've seen) gone below.

 

This is partly due, IMO, to the difficulty of some posts, and also that some are just one off''s that neither need or require a reply.

 

I think if we can keep on top of this (and I believe there are a few who are spending a lot of time on this), then we should be very satisfied, and suitably pleased with ourselves.

 

Louis

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Just been doing another sweep and a lot of the threads are really 'stumping' me (PPI, insurance queries, utilities and telecoms queries). But I've noticed that by putting the following on the thread seems to get the ball rolling, with other caggers with experience of the query posting on the thread:

 

Hi xxxxxxx,

 

Sorry, I've just noticed that you haven't had a reply yet. This isn't my area of expertise............. but hopefully somebody will be along soon to advise you further/point you in the right direction.

 

Best of luck :)

 

.............. seems to be working on most threads anyway! ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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I've noticed that by putting the following on the thread seems to get the ball rolling

 

Hi xxxxxxx,

 

Sorry, I've just noticed that you haven't had a reply yet. This isn't my area of expertise............. but hopefully somebody will be along soon to advise you further/point you in the right direction.

 

Best of luck :)

 

Either that or:

 

BUMP

 

:-)

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Either that or:

 

BUMP

 

:-)

 

Ahhhhh............... but it's much nicer to be nice dear :)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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And you are :) (nice, that is)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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And you are :) (nice, that is)

 

Thanks! :-)

 

See Hedgio, somebody appreciates me! :p;)

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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You too Ellen............. you're a sweetie! x

 

EDIT: think you'll find she meant me stiggo! ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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it applies to you all, of course;)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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