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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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      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.  

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    • 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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Tesco Bonus Credit Card


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Hi guys, usual story I suppose, got in trouble with missing payments by one or two days so loads of £12 late payment fees added to account which I see is administered by RBOS, these are already marked on my credit file at experian. Last month my marriage broke up leaving me with half incomings and two credit cards in my name. I wrote to Tesco, the outstanding balance is approx £1500 told them my circumstances and asked that they freeze the interest on the account and that I would pay by standing order £30 per month to clear the debt.

This is all I can afford, so got a letter back today stating that the £30 is acceptable but as this amount is less than 3% of o/s balancethey are going to issue a default notice followed by cancellation notice 21 days later. Rather miffed at this attitude, should I now request a SAR with a copy of the agreement and challenge the penalties or wait for them to take me to court.

Any help gratefully received, especially as my other credit card is with MBNA so I know I will be going to hell and back there!

Thanks

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I'm no expert on this - only just trying to come to grips with it all - but one thing I have learned is that the date that the agreement started is crucial. When did you apply for the cards?

Edited by bedlington83
Grammer - the first letter of a sentence is capitalized!
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Sorry I've misunderstood your post. I thought you were contemplating challenging the enforcability of the agreement. Having reread your post, you're not; you're only wanting to challenge the charges. This is completely different and is not date dependent at all.

 

I certainly wouldn't wait until they take you to court, but I think you might be on a sticky wicket; I believe that the OFT has ruled that £12 is fair, but don't rely on that. I'm sure someone else will be along shortly to clarify everything.

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