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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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RBS/carter default CCJ all charges now reclaimed **WON + COMPO**


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Sorry to be a pain but need a tad of advice.

 

Basically, I got a CCj against me for oweing RBOS £320 totally in charges.

They issued a CCJ claim and I didnt defend so they got the Judgement (1 yr ago)

 

I agreed to pay £26 PER MONTH then didnt when I found this site.

I have since had the bailiff (REALLY nice bloke to be fair) and I told him I was going to challenge.

 

I phoned Bryan Carter and spoke to NL(If I can put his real name up I will, not sure on rules) and asked them to hold fire.

 

He then spouted off on one that all the charges were fair, I had signed an agreement the judge had entered judgement and there was nothing that could be done.

 

I then asked him what his legal qualifications were and he said none, so I said so basically you are a telephone operator same as what I talk to when I phone up and place an order with Next. I questioned his ability to pass on legal say so as he had said there had been many a case lost by claimants. I asked him for legal reference IE Smith Vs Bank but he could not or would not say.

 

The question is:-

 

Can I suspend the CC order and infact now challenge the original Judgement

Can I suspend it while I counter claim

Should I carry on paying but in the background, then claim for what I have paid

Can I claim the bailiffs cost back IF the original claim is null and void

 

Thanks for your help

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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I would be inclined to stop payment, and write to Bryan Carter telling them that you dispute the judgement, and will be applying for a set-aside on the basis that the amount claimed was totally due to unlawful charges.

 

If you know the amount of charges levied to your account the you should contact the court and ask for the paperwork for setting aside the judgement, on the basis that you have just discovered that the original judgement figure included unlawful amounts - and that you have a valid defence and will be issuing a counter claim.

 

When you have the forms let us know and we will give you more information.

 

Write to RBS telling them what you are intending to do - and demand that they reverse the charges, and pay all the costs you have incurred (including the bailiff fee, also tell them that you will be seeking removal of any default.

 

Should they not agree to all this when the time comes, all this can be included in your counter-claim.

 

Keep us posted.

 

 

 

 

 

 

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Alan

 

Thank you unreservedly for your reply.

 

I have just been out and bought a printer for the task.

 

I WILL keep you informed. many thanks

 

First Update is a form N2 44 is being sent to me to have the judgement set aside at a cost of £65

 

Letter sent Recorded Delivery to Byan Carter, Solicitors informing them of contending charges. DPA being formatted as we speak.

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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  • 2 months later...

Right this has now developed

 

I, as discussed in the General Section, got the judgement set aside.

 

I then issued a counterclaim against the Royal Bank of Scotland.

 

Today, I received a very nice offer from Bryan Carter offering to drop their claim against me if I did the same. Agh, arent they sweet.

 

I am a tad confused. I have received their reply to my counterclaim and they have posted the following...

 

1. The claimant denies that the defndant has suffered any loss or Injury as pleaded in the Defence and Counterclaim

 

2. The claimant puts the defendant to strict proof of the mental stress claimed

 

I have no idea what the hell they are on about with Mental Stress as i have never mentioned this.

 

I have never mentioned any injury >>>????

 

I will write to them and tell them no thanks on the offer but I genuinely think they have got their defence to me mixed up with some car crash or something.

 

Any advice, greatfully received

 

Any ideas folks

 

They have now said that the reply to defence and counter claim was not meant for me but another case (ROFLMAO)

 

They will be submitting another one on monday

 

I have today accepted an offer from the solicitors (Bryan Carter)

 

I wouldnt normally accept BUT considering this account I have had bailiffs round and had to have a judgement set aside, I have agreed to allow the banks to charge me Five Pounds per transaction charge. Still a good result.

8 weeks ago i was paying 26 per month with a county court judgement, now Im getting a cheque for 600 from them (And they paid contractual interest but Im not sure he knew he was LOL)

 

Just had an interesting conversation with their solicitors. I was expecting my cheque by now so phoned them to enquire. They said that as of 24th Oct they were no longer repesenting their client and that RBoS.

 

ER well you have already offered settlement which I have accepted. I sent the following fax to the court on Friday after my conversation:-

 

Following on from a “Without Prejudice” conversation with *** ******* Of the Claimants solicitor, we have been able to settle the matter out of court.

 

Upon receipt by myself of the cheque from the claimants, I will notify the court that proceedings can be cancelled.

 

I would ask that the trial date be kept available until notification of the receipt of the cheque by myself.

 

 

 

SURELY they cant offer settlement, we both agree, then change their mind

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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  • 1 month later...

Certainly the court would take a dim view of it, but I would never advise sending anything to the court in these circumstances until you have the payment cleared in your account.

 

However, this does not help your situation.

 

I would advise a letter to the court, with a copy to RBOS, stating that they have reneged on their agreement, and you wish that the action should continue as per the current timetable.

 

 

 

 

 

 

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  • 2 months later...

Sorry I havent posted but I did received the cheque for 450

 

Alll settled

 

Well not quite

 

Just received a threatening letter from Robson Way chasing the original debt

 

MORONS

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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  • dx100uk changed the title to RBS/carter default CCJ all charges now reclaimed **WON + COMPO**
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