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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Close Premium Finance - COMPLAINT


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Just got off the phone with Close Premium after a lengthy one way conversation.

 

I took out an insurance policy with them back in September 2009 which was paid out at the end of every month, set up to come out on the 1st of the month as I get paid on the very last day.

 

On November 2nd I took hold of another car and so called them up to do a change of vehicle, they charged me £40 odd for the pleasure, my next payment was at the end of Novemeber just like it had been the previous month. They took another payment at the end of December which was earlier than usual but as it was Christmas I had already been paid early so I didn't go overdrawn. Instead of the next payment coming out at the end of January it came out on 1st February, as it should have done originally. The next payment came out on 1st of March so I figured they'd sorted out the payment dates and then it came out again on 30th March, as I didn't get paid until 31st March I was charged a fee by the bank. I called the broker (Premium Choice) to complain but they told me it was down to the finance company. So I called them and they changed the date to 1st of every month with no offer of a refund on bank charges as they said it wasn't their fault.

 

The following payment came out on 4th May as Aprils payment had already been collected on 30th March. The next came out on 1st June but another was also collected on 16th June, two weeks early. Luckily I had enough in my bank to cover it but cancelled the payment straight away as I could see they'd messed up and would collect again on the 1st July.

 

Today I got a letter through telling me that I was now in arrears as they wasn't able to collect for 1st July as I'd cancelled the DD and they were now asking for the payment as well as a £40 fee on top.

 

I phoned them up to try and sort it out but they were adamant that they were in the right and that I owed them money. They kept me on the phone (0870 number) for 25 minutes, she wasn't allowing me to speak and so I reminded her that I was the one paying for the call and that she should be allowing me to speak. She then offered to call me back, as I don't accept withheld numbers she had to call me from a mobile and told me I should turn off the feature on my phone so that she could call me from the office as she had to use a mobile, I refused...

 

They offered to drop the £40 charge but still needed the payment for 1st July, I explained that this had already been collected 2 weeks early but she insisted that I was actually in the wrong and owed money. As I was getting nowhere I told them they were wasting my time and that they should come up with a suitable arrangement to the way that it was before IE: the next payment is due 1st August and not 1st July.

 

I told the woman that if this was not done then I'd be seeking legal advice as well as speaking to the onbudsman and on top of this seeking compensation for my previous bank charges as well as the cost of my telephone call to them this evening.

 

Any advice...?

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Hello there. I can't comment on the problem I'm afraid, but I'm sure someone will be along soon.

 

I believe that before you go to the ombudsman, you're meant to try the company's complaints procedure first. Have they sent you a copy of that, or is it on their website?

 

HB

Illegitimi non carborundum

 

 

 

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