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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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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Mr Tommy Mclean offered me £1054 to settle my claim in full. Including charges, interest, CC fee the total amount comes to £2535, so I sent a letter back stating that I will accept this as a part offer to my whole claim.

 

He made this offer 3 weeks ago, and I am now in communication with RBS soliciters in Manchester. They have requested a 'telephone conference'. I have wrote to the Court, stating that I want them to attend (was this the right thing to do?) I have now recieved a Court allocation questionaire, which I have filled in and sent back. I have stated on this that I do not want a stay.

 

I have had a look at everyone elses succsess, and they do not seem to have gone down the Court/Soliciter route.

 

Shall I phone Mr Mcclean and find out what is going on, or just wait for a cheque to magically appear in the post?

 

I look forward to any replies.

 

Best regards

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personally?! - wait, why phone them? You will only get into a conversation you dont want to have, it will be used if needed in court as a " he said" "but she said" senario, better to stick to writing, don't panic, they use different tacks, I doubt it will be long before you see your money!

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  • 3 weeks later...

I sent a letter to T Mclean, stating that I if I don't recieve the full amount within 10 working days, I will add 8% daily interest on the amount owed.

 

On the 18th October, I recieved a letter from Cobbetts Solititors showing that they had returned the allocation questionaire on the last day (16th October).

 

Yesterday I recieved a letter from Cobbetts with a full and final settlement of £1450 (£2535.00 owed) and that this offer was open for 7 days, otherwise they will go to court.

 

The problem I have, is that we are desperate for the money. Can anyone tell me what the best thing is to do. I want to ask for £2000 to be credited to my bank account in the next 5 days by BACS, or a cheque within 5 days. Or is it best for me to phone and say no to the offer and wait for the full amount?

 

I would just like to know the timeline now with how long I have to wait, as I assume I will get a court date soon?

 

Thanks for any help.

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I sent a letter to T Mclean, stating that I if I don't recieve the full amount within 10 working days, I will add 8% daily interest on the amount owed.

 

On the 18th October, I recieved a letter from Cobbetts Solititors showing that they had returned the allocation questionaire on the last day (16th October).

 

Yesterday I recieved a letter from Cobbetts with a full and final settlement of £1450 (£2535.00 owed) and that this offer was open for 7 days, otherwise they will go to court.

 

The problem I have, is that we are desperate for the money. Can anyone tell me what the best thing is to do. I want to ask for £2000 to be credited to my bank account in the next 5 days by BACS, or a cheque within 5 days. Or is it best for me to phone and say no to the offer and wait for the full amount?

 

I would just like to know the timeline now with how long I have to wait, as I assume I will get a court date soon?

 

Thanks for any help.

 

Hi i had the same dealings with Cobbetts, I did hold out for the rest and got my full settlement as we all do in the end. I would write to cobblers informing them that you are consider their behaviour to be unprofessional and you will inform the judge should the case reach court. Also try the line that a settlement now would be better for all etc.

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Thanks I will give it a go. How long was it untill you got your final settlement from them, this has been going on (since Cobbets first response) from the 4th September 2006. So it has been over a month since my first offer.

 

Look forward to any replies.

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Thanks I will give it a go. How long was it untill you got your final settlement from them, this has been going on (since Cobbets first response) from the 4th September 2006. So it has been over a month since my first offer.

 

Look forward to any replies.

 

I started my claim in June (sar sent) All i can say is there is no set timscale Bigcol started before me and i have settled before him. I understand the desire to settle ASAP but you will get there in the end. :D

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