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    • Hi Lolerz Thanks for replying to me, yes I've been ignoring her & will continue to do so. All she keeps saying is they want to come up with an amicable settlement. Keeps saying this to our receptionist she shouldn't be saying this to a receptionist or even me in the first place as they have given no proof of anything no IP addresses noting just keeps saying about an amicable settlement.
    • If a DCA supplies a reconstituted copy of the CCA what would be the next step? It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
    • Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed some of the worst tendencies in British politics”. “The only way to think about it is as a psychodrama enacted, for the most part, by a small group of middle-aged men who went to élite private schools, studied at the University of Oxford, and have been climbing and chucking one another off the ladder of British public life" Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ WWW.INDEPENDENT.CO.UK The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed...  
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Citi cases ***WON***


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Hi all, I've been helping a family member to reclaim his credit card charges from Citi, they never replied to the claim form and judgment was entered on the 24/01/08. Citi have made no payment or made contact at all. The courts are sending through enforcement forms and I was wodering how long we wait till we act. The judgement form had no date when payment had to be made by, I querried this today and she said it had to be made worthwith.

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If Citi can come up with an excuse that will impress the judge, he may allow the judgment to be set aside and set a new date for a hearing. They usually say that they did not recieve the documents.:rolleyes:

 

It will be up to you to oppose any application from Citi. If you do it well, you might prevail.

 

For the moment though, wait to see what happens when the bailiffs visit. Claimants have been unsuccessful when sending bailiffs to Castle Street, Reading. I would send them to Salford.

 

Els

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In that case would it be worth sending a letter to citi via recorded delivery stating I wil commence enforcement procedures within 7 days of receipt of this letter and also enclose a copy of the judgement order from the courts. This would then take away the "we've never seen it your honour" argument.

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You can certainly do that and it might produce a result as it did with me. See post 151 in my thread here. I was fortunate insofar as Citi decided to cough up.

 

But if citi decide to apply for a setaside, their argument will be that they never received the original claim form N1. Sending them the judgment order won't prevent that.

 

Nobody can really say how they will react, but by all means send the letter you have suggested.

 

Els

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Well I posted this off this morning, guess i'll wait and see what happens next.

 

Dear Sir/Madam

Re Claim No *********

 

By now you will have received a formal notice from ******* County Court advising you of this judgment has been awarded in this case. In case the notice sent to you has by some mischance gone astray, I enclose a copy.

 

At this time I have not received any payment from you or correspondence advising me when payment shall be made.

If I have not received your cheque for £****** within 7 days of you receiving this letter then I shall request a Warrant of Execution for the collection of the debt. This will result in further costs being added to the sum payable and the probable recording of the judgment in the lists of Registry Trust Ltd.

A copy of this letter has been forwarded to ******* County Court.

 

Yours faithfully,

 

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Funnily enough I used Elisnores letter as well for a basis of my request at the time, sending a copy of the judgement in my claim... and got paid quickly as well.

 

At the end of the day if people prepare well Citi don't have a leg to stand on, though it does boil down to having an understanding judge as well.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Thanks everyone for your help, I guess by sending that letter by recorded delivery, it takes away from them the excuse that they've never recieved any correspondence at all. Its a pity the courts don't offer you the option to send their correspondence by recorded delivery for a fee, it would deny Citi another of their delaying tactics then.

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Could someone advice me please, I've taken citicards to court for the amount they owe me and today I have recieved a letter saying to cut it short, there charges are fair and there not paying up and gave me the details for the ombusman.

 

Does this mean there not paying up and it's over, even though they have been served with the court papers for two weeks now?

 

Thanks

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Yep, all bluster... they will argue that you wont win till they are blue in the face.

 

But strange that a fair few of us on here have won.

 

Once you get your Allocation Questionnaire get in touch with me, as I have all the materials you'll need for mounting your claim - additions to go in with the AQ, and compiling your Bundle.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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If you get the draft order adopted, for which there is alot of supporting evidence to cast doubt on the figures they have submitted to courts - then it is very, very unlikely that they'll win.

 

Plus evidence that they're late payment charges are automated - hardly puts them in a place for their charges justifiably being £12.88, £13.47 or £25+.

Edited by Enron

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 2 weeks later...
  • 3 weeks later...
Yep, all bluster... they will argue that you wont win till they are blue in the face.

 

But strange that a fair few of us on here have won.

 

Once you get your Allocation Questionnaire get in touch with me, as I have all the materials you'll need for mounting your claim - additions to go in with the AQ, and compiling your Bundle.

 

 

I have the allocation questionnaire and would appreciate some guidance please

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