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    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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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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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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  • 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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