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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • UsedCarMan
      Lowell/Shoes SPC Claim Forfar Sheriff Court - Old Newday Credit Card.

      By UsedCarMan · Posted

      Are these the important pages I need to upload ? 1.  pages 1-4 are court form 10a 2.  2 pages of the CCA agreement  3.  Default notice from NewDay, 22/02/20 4.   Lowell letter stating they own debt ,     Dated 16/11/20 5. Unheaded letter also dated 16/11/20 from NewDay saying they assigned “all of the respective rights etc,”  to Lowell on 23/10/20 I make this 9 relevant pages from what I can see   ( all other pages are statements/default notes and lots of FCA info sheets) just needing your confirmation in advance as I don’t want to send over pages that are not required thank you  UCM      
    • HP Mum
      my Leasehold/Freehold property and it's issues.

      By HP Mum · Posted

      Just out of curiosity aesmith - are you a lawyer?
    • HP Mum
      my Leasehold/Freehold property and it's issues.

      By HP Mum · Posted

      I spoke to a pro-bono entity this afternoon.  They advise I must initiate a claim in the court v the receiver if I want to then file an application for an order for sale.  I must have a claim/ proceedings to be able to force a sale. The judge in the current proceedings  has told me that I cannot force the lender to sell and the lender cannot interfere either.   If the receiver isn't acting correctly and isn't selling - this means I must make a claim against the receiver I could initiate a claim. Or much quicker  - the other entity - with a charge already - could use that to make an application for an order for sale.
    • GB_Joe
      EPC ANPR PCN - Overstay - Solent Retail Havant Car Park, PO9 1ND

      By GB_Joe · Posted

      Thanks Dave It's not too far away, about 8 or 9 miles, so I will probably venture over on my bike if I can't think of a good reason to drive there again! I'll have a chat with Mrs GB_Joe tomorrow and see which shops they visited, I know M&S was on the list (had to try on multiple sets of trousers!) and they are actually in that bit of retail park. The uniform shop is across the way in the Meridian Centre, so probably not helpful to get them involved.
    • lookinforinfo
      PCM PCN - Royale Leisure Park - W3 (London)

      By lookinforinfo · Posted

      As they have failed to deliver their original PCN you will need to send them an SAR where they should provide that PCN. It should show the address they used . If it is not your current one that would explain the non delivery. If it was correct then perhaps the Post office messed up. A more cynical view would be that UKPC didn't send it so that you couldn't claim the reduction. It appears that UKPC have been there for some time  but I have been unable to find any pictures of their Notices.The leisure park itself is pretty big so while some parts maybe give 5 hours free parking other parts may have restrictions like permits. I haven't been there for years -I went  to Nandos and the bowling centre . I am surprised that they are now infested with UKPC as the place is plenty big enough not to require their dubious services. If you live not to far away it would help if you could get some legible pictures of their signs. Be carful to park in an area that doesn't require a permit and take photos of the entrance signs, the five hour sign and the permit only sign as well as any other signs that are different from the previous signs. Also if their is a payment machine could you please photograph that.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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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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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Default Judgement Against Securitas Security Services (uk) Limited *** Counter Claim Struck Out ***

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BazzaS

BazzaS

Posted
Posted
Question is why do companies ignore thier employees or even ex-employees ?

 

Still irrelevant to your claim. Their actions are done now, you can't make them change, only they can choose to do so as a result of events.

Focus on your case, trying to work out why they have done what they have done or trying to make them change (other than doing so by beating them in court) is wasted time / effort.

 

Why not start a thread in the Bear Garden where you can rant about how unfair they are, and leave this thread focused on the case........

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ericsbrother

ericsbrother

Posted
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aye, but commomly these are at the court nearest to the applicant of the set aside if it is going to be decided on the papers. Objecting to a set aside is not that common a thing, it does happen of course, happened to a friend of mine who had a judgement in his favour set aside twice when the defendant failed to turn up of the court dates. The sod then tried to counterclaim for the costs of attending the third hearing but that was dismissed. This is why you need to see the set aside application and if you think their reason for applying is worthy of comment request a hearing. It may be that an order is made that your objection will be in writing only to keep costs down.

All hearings should be in your local court as litigant in person verses a company......most default judgments are usually granted a set a side hearing...then its down to the reason offered for not acknowledging or submitting a defence
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AndyOrch

AndyOrch

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aye, but commomly these are at the court nearest to the applicant of the set aside if it is going to be decided on the papers. Objecting to a set aside is not that common a thing, it does happen of course, happened to a friend of mine who had a judgement in his favour set aside twice when the defendant failed to turn up of the court dates. The sod then tried to counterclaim for the costs of attending the third hearing but that was dismissed. This is why you need to see the set aside application and if you think their reason for applying is worthy of comment request a hearing. It may be that an order is made that your objection will be in writing only to keep costs down.

 

Where to make an application

 

CPR23.2

 

(1) The general rule is that an application must be made to the court or County Court hearing centre where the claim was started.

(2) If a claim has been transferred to another court, or transferred or sent to another County Court hearing centre since it was started, an application must be made to the court or the County Court hearing centre to which the claim has been transferred or sent, unless there is good reason to make the application to a different court.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23

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AndyOrch

AndyOrch

Posted
Posted
trouble is he won a default judgement so Northampton CCBC would be thei original court

 

Northampton simply transfer any applications to the Litigants County Court...Northampton is only a CCBC..they dont deal with claims apart from default judgments.

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ericsbrother

ericsbrother

Posted
Posted

paperwork also sometimes gets sent to Wigan for some reason. However, you get the drift, a default ist really heard so you need to poke them.

The default judgement was made at The county court centre in Salford. The older system was much quicker.
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letsmakeamark

letsmakeamark

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I havent seen the papers recieved yet but apparently BBC Cameras were following the enforcement agents when they enforced the Default judgement. Will write up what the application says etc. Also apparently they are following this thread.

So whats cooking today ?

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ericsbrother

ericsbrother

Posted
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so, now at your local court? This is what it should be for an individual and a corporation regardless of who is defendant. You now have the opportunity to say why the judgement shouldn't be set aside. Stick to the facts and to the law, take your paperwork with you so you have written evidence rather than just oral. This is important when referring to other cases/bits of law etc, no-one will look them up as it is your job to make your case.

 

Basically of your papers were served correctly the fact someone in the company forgot to pass them on or didn't take it seriously enough to file a defence wont win then a set aside but you need to show procedure was followed by having a copy of the CPR's and be able to show that everything was done correctly by you and even after the event you did your best to get the matter sorted before sending in the bailiffs.

 

When did they start following this thread? That itself can show they know about the claim before the bailiffs got involved. You may need to ask the judge to get them to show their hand on this as I'm sure they wont voluntarily admit knowing and ignoring in the hope that you would run out of steam.

 

Then look into the facts of the case, they say they reckon they can get the claim overturned- on what grounds? Obvious one is they dont owe you the money so you need to show your figures and show why they are correct and the reason for suing is sound. May be they say it isn't a breach of contract but another matter that should be dealt with elsewhere so you need to show that correct procedure, lawfulness of claim etc. that mead reference to employment act etc. basically anything you can think of should be taken with you

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letsmakeamark

letsmakeamark

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In their application to set aside they have stated that they were unaware of the judgement. They also claim they had no contact from me and they had no contact from the enforcement agents. However they managed to make a payment to the enforcement officer the day before they arrived to execute the writ. Also they claim that BBC cameras were also following the enforcement agents .

So whats cooking today ?

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BazzaS

BazzaS

Posted
Posted
In their application to set aside they have stated that they were unaware of the judgement. They also claim they had no contact from me and they had no contact from the enforcement agents. However they managed to make a payment to the enforcement officer the day before they arrived to execute the writ. Also they claim that BBC cameras were also following the enforcement agents .

 

 

Have they put these in their application? If not : irrelevant.

If so, surely they still don't influence if they have made their application "promptly" ; and isn't that they key point on which you are basing your request that the court deny their application...

 

Don't get distracted by irrelevancies, and try to focus the court's attention on the key point(s) of law.

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letsmakeamark

letsmakeamark

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Have they put these in their application? If not : irrelevant.

If so, surely they still don't influence if they have made their application "promptly" ; and isn't that they key point on which you are basing your request that the court deny their application...

 

Don't get distracted by irrelevancies, and try to focus the court's attention on the key point(s) of law.

 

Ok.

So whats cooking today ?

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letsmakeamark

letsmakeamark

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Have they put these in their application? If not : irrelevant.

If so, surely they still don't influence if they have made their application "promptly" ; and isn't that they key point on which you are basing your request that the court deny their application...

 

Don't get distracted by irrelevancies, and try to focus the court's attention on the key point(s) of law.

 

Yes they have. Just reread what you have asked.

So whats cooking today ?

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BazzaS

BazzaS

Posted
Posted
Have they put these in their application? If not : irrelevant.

 

Yes they have. Just reread what you have asked.

 

Good, as if you know what is in their application you have a copy of it to post up ......... so that a rebuttal can be derived (primarily focusing on the promptness [or lack thereof!] of their application......? )

 

surely they still don't influence if they have made their application "promptly" ; and isn't that they key point on which you are basing your request that the court deny their application...

 

Don't get distracted by irrelevancies, and try to focus the court's attention on the key point(s) of law.

 

New hearing date received for set aside application. See what happens.

 

When is it listed for?

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letsmakeamark

letsmakeamark

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Good, as if you know what is in their application you have a copy of it to post up ......... so that a rebuttal can be derived (primarily focusing on the promptness [or lack thereof!] of their application......? )

 

 

 

 

 

When is it listed for?

 

11th August 2017

So whats cooking today ?

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Ganymede

Ganymede

Posted
Posted
No order as to when reply is due in . Just waiting to get hold of paperwork to do a word by word thing.

 

There will be no Order as there is no official reply.

 

You can submit a witness statement opposing the application if you want.

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BazzaS

BazzaS

Posted
Posted
In their application to set aside they have stated that they were unaware of the judgement.

 

Remind me : what have you received that shows what is in their application , and when did you receive it?

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