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

obvious

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Everything posted by obvious

  1. obvious
    Just leaving this here as a reminder to ask you if you've got a link to this. I was unable to find it.
  2. obvious
    Right, I'm holding my horses. Let's see what happens next.
  3. obvious
    ok, after reading the law gazette piece on Carey v HSBC Bank [2009] EWHC 3417 (QB), I don't understand if/how it might apply to my case? ref: https://www.lawgazette.co.uk/law/consumer-challenges-to-bank-charges-and-loan-agreements/56790.article
  4. obvious
    How does this look as a response to their latest letter? Would it be harmful to my case? On the evidence you have provided after 2 years ie some cobbled together screenshot from who knows where, I believe the requirements of Consumer Credit Act 1974 c. 39Part VII Default notices Section 87 have not been met. That screenshot can not be evidenced to Sainsburys accounting services software and is possibly recreated to fit the claim. In any case, evidence of a default is not evidence of service and does not satisfy section 87(1) Further, you have not provided an entire original agreement, just one page. The remainder is simply a stock printout. With regard to Section 61 1(a), Section 127 1(a) and Section 65 (1), an application form cannot be an executed agreement unless its returned back to the applicant after application and executed with all the prescribed terms. I believe that the case does not stand on its own and that even in the event of a district judge finding otherwise, there may be the possibility of an error in law if failing to consider the above.
  5. obvious
    Well this is stressful Perhaps it would be useful (or at least cause no damage) to write to them raising the points you've made in the last few posts?
  6. obvious
    I understand it would not indicate advice but if it were you, would you let them make the next move?
  7. obvious
    I'm not great at interpreting legalese. Is there wiggle room here for the judge to uphold their claim? Would this potentially be an error in law?
  8. obvious
    For reference here's 87 from http://www.legislation.gov.uk/ukpga/1974/39/section/87
  9. obvious
    Attached agreement. They only included one page of the actual agreement. The rest seems to be a stock copy. Edit: pdf upload failed. Only 2MB. Trying again Edit 2: It's giving me error -200 so I'm uploading to google drive. Hope this is ok. Agreement link:- https://drive.google.com/open?id=1djx3qpQ629xE8I8UG5LD0SZJRko-RCV9
  10. obvious
    Sorry Andyorch I'm browsing on mobile and post #64 is different. This is what I see. I'll upload the agreement as PDF shortly...
  11. obvious
    They have provided a signed credit agreement. Not sure how that links to post # 64
  12. obvious
    I received this letter dated 02/05/19 Same question as usual. Should I respond? Thanks! It's the "apply for summary judgement" part that caught my attention.
  13. obvious
    I don't know whether to act on the letter?
  14. obvious
    I've been trawling through manually and searching on 87.1, Cabot, dismissed, default notice, default summary etc and various combinations. No luck at all and I'm normally OK at this stuff.
  15. obvious
    Sorry, I haven't succeeded in finding the dismissed cabot claim in legal successes. I do like your advanced search tool btw but it's not doing it for me. Garbage in, garbage out most likely.
  16. obvious
    So, no action on my part just yet? Don't suppose you've got a link to the thread in question or relevant case details?
  17. obvious
    I've had a document pack through the post re this old claim. They have provided some of the info requested in 2017 but notably not a default notice. Just "default notice data" I attach the covering letter + the "default notice data" There are around 30 other pages, mostly statement data, not copy statements, just data print outs with statement info. Not sure if this is worth mentioning.
  18. obvious
    It was a good result. I had a chat with the claimant's legal representative and negotiated a Tomlin order which the claimant agreed to. I have to pay a nominal amount per month basically forever. No CCJ and no need to argue the case which I feel in the end was largely about my ability to pay. I took the view that my technical defence was countered robustly in every regard so an agreement was definitely worth negotiating. 10/month till I'm 105. Result
  19. obvious
    Happy new year all. The case is tomorrow morning. What happens procedurally? Do I literally just stand up and read through my defence and statement word for word after the claimant?
  20. obvious
    Well they've provided a copy letter from tesco to me notifying me that the debt had been transferred to the claimant...so that's that line of defence ruled out. The hearing is at 11:30 on the second of January. Advice or suggestions for the hearing or anything to do beforehand would be appreciated. Merry Christmas all Thanks for all your help.
  21. obvious
    It was a long time ago. I dont recall originally filling in any agreement in order to get the credit card. I did send a s.78 CCA request. They did not respond to it directly but did include details of electronic (ticked) application and paper (not filled in)application in a letter responding to my CPR31.14 request. Any last thoughts? I'm gonna have to start printing the witness statement in a few minutes Witness statement posted. Were there any amendments or comments you would have made if we'd had more time? Anything I can take to court on the day?
  22. obvious
    I dont recall completing or receiving either but it is of course the online one they've provided which has the tick in the box.
  23. obvious
    Only the paper application asks for cardhbolder details, employment details, financial details, additional cardholder details. Paper form mentions they may increase the credit limit from time to time. Signature boxes vary. One says tick, the other says sign. Only the paper form asks if various payment protection insurances are required. Only the paper form has a page titled “In Summary” (page number on bottom right is 15 in previously uploaded pdf.) Only paper copy has “Tesco Clubcard Credit Card General Conditions” and insurance policy summmaries (page ref 15-19) of previously uploaded PDF
  24. obvious
    Their point 5? Oh, in their witness statement, got it
  25. obvious
    I've already had their witness statement. Most of which is in my previous unapproved upload so I guess I'll get their copy off too today.

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