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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.

      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.
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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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how are interest and min payments calculated by CAT Companied


Dogfishy
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There's no point in whining about them.

We know they're ripping the public for all they can, any way they can. 58% rates, 28 day account periods when almost everyone gets paid monthly nowadays.

 

My wife has a debt of £2096 with Marisota and I don't know how much with Very.

(She says she doesn't know the password! I'm resetting it.)

And a credit card, and who knows what else hidden.

She doesn't work, I have to pay everything.

 

I want to work out a prediction of where this will all go unless dealt with now.

I can use spreadsheets but I'm not sure how they calculate the minimum amount.

 

T's&C's say:

 

Your minimum payment will initially be 4% of the total cash price of goods and services ordered using your account or £5, whichever is the greater. We re-calculate your minimum payment in the same way whenever you buy more goods or services, return goods to us or cancel any services.

 

The word is INITIALLY. That insinuates there will be something different later. Or is it so simple as 4% of the £2096? That is £83.84 but they are saying amount due is £251. How is it worked out?

 

Thanks.

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Suggest you ask in writing for a breakdown calculation of the minimum payment amount required and copies of all documents showing any variation to the original account terms.

 

It seems that the initial 4% has increased as the debt has increased. If they kept it at the original 4%, then the debt would keep increasing with the amount of interest they are adding. So they must have increased minimum repayment to a level where the debt is being reduced.

 

Have you looked into what consolidation loan you might be able to take out at a much cheaper interest rate ? Then get these debts paid off and accounts cancelled.

 

You can't keep allowing this to continue. There was another thread on here which was very similar. It ended up with a total debt of over £30,000 and some debts were proven to be a case of irresponsible lending with debts written off. There were loads of brand new clothes hidden away in cupboards and drawers, which had never been worn. Often behind some of this behavioir is a health issue that has yet to be tackled. But obviously not alway the case.

 

See if you can get your wife to obtain her credit record. Perhaps suggest both of you get credit reports at the same time so they can be reviewed.

We could do with some help from you.

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its all down to their 28day billing cycle

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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