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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Lowell claimform - old vanquis card debt - opps used CPR 18 - help theyve complied!!


macker16
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Now panicking as the amended defence only has my name typed under the Statement of Truth.......

? thats alright isn't it

 

'(a) the name of the person who has signed the statement of truth is typed underneath the statement:'

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I sent it to my local county court email address, i tried for over an email to speak to an operator to confirm which email address it should go to but the automated message kept saying all operaters are busy and then hangs up so i emailed it to enquires and listings.

 

Now panicking as the amended defence only has my name typed under the Statement of Truth.........gotta feeling i've now messed this up! :-(

 

Send it again...add " Defence " Claimant Name v Defendant Name....Claim Number to the subject line

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In the email subject line I put the claim number.

If I resend it now they'll reject it as the deadline was 4pm today!

 

I've totally messed this up,

I didn't know there was t&c about how email to a court had to be sent.

 

The email address has my full name on it,

and my full name and address was also on the amended.

 

Can they really reject it because they do not have my proper signature and it's only typed under the statement of truth?

 

Macker16

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In the email subject line I put the claim number

 

Should be okay then...you cant sign an email copy defence...but you should also post a hard copy..... signed.

We could do with some help from you.

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In the email subject line I put the claim number

 

Should be okay then...you cant sign an email copy defence...but you should also post a hard copy..... signed.

 

In those t&c that the court sent it said that I should only send 1 copy? On the hard copy do I ink sign next to the typed signature. On the copy that I'm going to send to Lowell should I just leave them with the typed signature as I don't want them having my signature in case they try and misuse it on documents.

 

I really hope I've not messed this up Andy after all the hard work you put into the defence.

 

Macker16

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In the email subject line I put the claim number. If I resend it now they'll reject it as the deadline was 4pm today! I've totally messed this up, I didn't know there was t&c about how email to a court had to be sent. The email address has my full name on it, and my full name and address was also on the amended. Can they really reject it because they do not have my proper signature and it's only typed under the statement of truth?

 

Macker16

typed name under a statement is ok.

i had thought that you had not put any other details that andy mentioned #55, and was going by what the courts letter said about strictly complying with email formalities. i don't know how strict their process wld be re rejecting an email.

as andy says, it should be ok as you put your claim number there.

maybe you could try ringing the court to see if its gone through?

even if it didn't, a minor error issue like that shouldn't really be strictly penalised as non compliance with the 4pm order (some claimants don't get things in dead on time, yet it is still allowed).

don't worry.

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Well I'm keeping my fingers crossed they've accepted the email and have sent a hard copy today with my signature on it and have sent a copy to Lowell with only the typed signature...... Now just have to wait till the dreaded white envelope from the court appears on the mat.

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....I didn't know there was t&c about how email to a court had to be sent. 6

you did. as i mentioned before, i posted it prior #36 re the CPR email formalities

 

did you give the court a call to see if it had gone through (or did you resend it as andy suggested).

otherwise, if the email wasn't accepted, then have to rely on your posted a couple of days late. following an email/admin error.

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  • 3 weeks later...

Hi

 

After submitting my amended defence

 

I have today received a letter from the court saying that following a court order made on the 11 December the claim has been transferred to another County Court.

 

Any ideas what this could be?

 

I've not received any Court order and don't understand why it would be transferred to another County Court?

 

Thanks for any advice

 

Macker16

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Is it not Lincoln County Court ?

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Probably on its way to you...courts move slowly...but you could ring Lincoln and enquire the order and why the transfer ?

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Well I've not received anything in the post and I would ring Lincoln but you just get an automated message saying all operators busy and then cut off. All seems a bit strange, guess I'll just wait wait to see what the court order is. If they had dismissed my amended defence and gone for the ccj would that involve a court order?

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No.....Lincoln could deal with that....try Peterborough County Court?

We could do with some help from you.

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  • 1 month later...

Hi

 

I have just spoken to Peterborough County Court as i still hadn't heard anything following the letter that i have December saying the claim had been transferred to Peterborough.

 

The advisor i spoke to said it has been passed to the district judge for Pre Judgement, what does this mean?

 

Many thanks

 

Macker16

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Allocation of the claim and set directions....I wouldn't call it " Pre Judgement " but thats the court staff interpretation.

 

 

Andy

We could do with some help from you.

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I kind of feel a bit better after reading that Andy,

i had meant it to mean that they were preparing the paperwork to issue to CCJ.

 

It feels like its all dragging on as i though the claim had already been allocated to small claims and i already completed the directions paperwork long before it was allocated to Lincoln. Is this all normal practice?

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Not normal...but then we dont get many transfers from one county court to another without any logical explanation...I heard that Lincoln CC was marked for closure ?

We could do with some help from you.

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May not be the case as a lot of closures where reversed and overturned...just a guess

We could do with some help from you.

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  • 1 month later...

Hi

 

Yesterday i received 2 letters (attached). As you will see from the thread, Lincoln was originally handling this claim and then transferred to Peterborough but now Peterborough have transferred it back to Lincoln and it says for trial.

 

Firslty, should i be worried that it says 'trial' and secondly it says about providing a witness statement 14 days before the hearing date but no hearing date has been set so do i wait until Lincoln contact me with a hearing date or do i prepare my WS now?

 

Thank you in advance for any advice given.

 

Macker16

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Hi

 

Yesterday i received 2 letters (attached). As you will see from the thread, Lincoln was originally handling this claim and then transferred to Peterborough but now Peterborough have transferred it back to Lincoln and it says for trial.

 

Firslty, should i be worried that it says 'trial' and secondly it says about providing a witness statement 14 days before the hearing date but no hearing date has been set so do i wait until Lincoln contact me with a hearing date or do i prepare my WS now?

 

Thank you in advance for any advice given.

 

Macker16

 

Directions are included in the Notice of Allocation (N157) what dates to file and serve witness statements and disclosures.Have you actually received N157 yet ?

 

Trial ...hearing...one and the same...dont worry:-)

 

Pleased you have got it back to Lincoln.

We could do with some help from you.

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Hi

 

Posting again as the attachments didn't come through.

 

Hi

 

Yesterday i received 2 letters (attached). As you will see from the thread, Lincoln was originally handling this claim and then transferred to Peterborough but now Peterborough have transferred it back to Lincoln and it says for trial.

 

Firslty, should i be worried that it says 'trial' and secondly it says about providing a witness statement 14 days before the hearing date but no hearing date has been set so do i wait until Lincoln contact me with a hearing date or do i prepare my WS now?

 

Thank you in advance for any advice given.

 

Macker16

Lowells - 19FEB18.pdf

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