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

burmafriday

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Everything posted by burmafriday

  1. burmafriday
    Hi Andy Thank you for your fast reply. I did not submit my claim through MCOL. I put it through MC Northampton "Manually" But i will check it out and give it a go. thanks Again BF
  2. burmafriday
    Hi Andy, Yes. Thank you for your message. would it be possible for you to point me to a link or let me have an appropriate Draft order. Many thanks BF
  3. burmafriday
    Hi Andy yes i guess that could be their next move, but on what grounds?. They were granted ample time to make a submission, The court even extended the deadline. i guess we have to deal with it should the occasion arise. All the best/BF
  4. burmafriday
    Hi Riz0 and everyone, i phoned the court on Friday last week and they told me that they had not heard anything from the Defencdants and for me to call back this morning which i have done. They told me that they "struck out" the defense yesterday as the Defendant failed to file an allocation Questionnaire. I was told I may write and ask for Judgement. Should I wait for an official letter from the court or should i send my application for Judgement now? can you help me with this application please? What do I say? All i can think of is writing something short like, "....i am writing to apply for Judgement as the defense has been struck out..." i think may be thats too succinct!! I don't know whether to laugh or cry at the moment!!! I cannot thank every one at CAG enough. This would not be possible at all with out your help. So Thank you. I feel a Gwyneth Paltrow moment coming on so i better go. all the best/BF
  5. burmafriday
    Hi Steam- thanks for getting back so fast!! yes i guess so. Roll on 24th. he might just fail again.... we hope. BF
  6. burmafriday
    Hi All, I received a notice from court that the Defendant failed to file the Directions Questionnaire by the date specified and he has now been ordered to file it on or before 24 Oct. This order was issued without hearing on 14 Oct. So he's been given a 10 day extension even though he failed to reply or file the DQ by a set date. is there anything i can do at this stage - can i object to this extension ? I know i can just sit and wait - but that does not seem fair to me. Afterall he has been given ample opportunity to file the DQ - as I did. Any comments PL? thanks very much BF
  7. burmafriday
    Hi Riz0 Thank you - its ok. will let u know when i have more news. BF
  8. burmafriday
    HI Schteam.... Many thanks for getting back. .. Will do and have it sent today. All the best/BF Hi all have sent reply to defence and completed Direction Questionnaire, Draft Directions by special delivery to court and copied to Defendant. i will keep you updated as soon as theres any developments. I cannot thank you enough, Thank you all once again. All the best/BurmaFriday
  9. burmafriday
    Hi Please may i have a clarification on the N181 form completion. Regarding para D3 - I am going to select "NO" as there are no electronic documents For D4 - In reply to "What directions are proposed for disclosure", do I insert "Standard disclosure" in the box and then tick "No" to each of the two statements? I shall be most grateful if some one could advise me on this as i want to send off the forms today. thanks very much BF
  10. burmafriday
    hi Steampowered, thanks very much. Yes i understand that clearly. I have put him to strict proof regarding his statements on employment and alleged wage in the reply. Thats all. I have proof and i think it was best to hold these till later date rather than showing everything in the reply. I am ready to submit the documents today. i am just waiting to hear from Riz0 on a couple of questions i asked earlier. Once again, thank you very much BF
  11. burmafriday
    Hi Steampowered, Thank you very much for your comments. I have been rattling my brains through the case over this weekend with a view to submitting my documents on Monday and I have now decided to change tact. Instead of submitting further documents from my side, I am going to follow your suggestion and leave that for later. But i am submitting a reply and in it I simply ask him to prove his claims in his defense that he was under my employ and if he can account for the loan i made if it were part of his monthly salary and of course, the Direction Questionnaire. He stated the following in his defence : ...QUOTE It is denied that I borrowed money from the Claimant between the dates pleaded. Therefore I did not promise to repay any such money nor did I fail to do so. I did not borrow xxxx from the Claimant as alleged or pleaded. I do not consequently owe the Claimant interest as pleaded The Claimant employed me from the years 2002 to 2010. I was paid xxx per week The Claimant paid me on different dates my salary by cash, cheque bank transfer and finally payments of my credit card bills All payments made by the Claimant to any of my credit card bills was part of the payments due to me as my salary The claimant is put to proof of all aspects of his claim. ...UNQUOTE what do you think? look forward to your reply. thank you again BF. Hi Riz0 I was completing the N181 form and would appreciate your help with the following D3 - do I ignore all of D3 totally, .... as there are no electronic documents For D4 - In reply to What directions are proposed for disclosure, do I "Standard disclosure" in the box and then tick "No" to each of the two statements and finally, regarding Draft Directions order - just so i have the dates correct, as the date for submission of N181 is 30 Sept. so for disclosure statement date would be 10 weeks from 30 Sept and exchange of witness statements, will be 14 weeks from 30Sept. I look forward to hearing from you. thank you BF Hi Riz0 i checked the Practice Direction CPR part 28 and see that disclosure is 4 weeks and exchange of statements is 10 weeks. all the best/BF
  12. burmafriday
    Hi Steamowered thank you for your comment. So you dont think i need to show the list of payments made with my reply - only to say that i have a list and will disclose at the hearing? In other words, i can just submit a short reply, complete the Directions Questionnaire and then go into detail with supporting documents for the hearing? look forward to hearing from you all the best/BF hi Steampowered, I have structured my reply detailing a bit of background and some explanation to our relationship, then listing out every payment covering his various services substantiating that he had been fully paid, then submit this with Directions Questionnaire as Details of the loan payments have already been submitted. It thought this would be the best route to take. then at hearing ... if it goes to that, if he continues to deny , he would have to submit evidence to support his denial. My question is , do you think it too early/premature for me to submit these documents now? and if i submit them later, would the judge not take exception ... on the basis that i should have lead with submitting these first? look forward to hearing from you thank you very much/ BF
  13. burmafriday
    hi Fletch70 He is self employed and does his own PAYE and NIC. no he never gave me invoices but i kept a detailed and comprehensive record of all my payments so on this occasion, i am relieved to say that i am squeaky. BF
  14. burmafriday
    Hi Steampowered, Thank you for your comments. I have proof of payment of his fees as well as the proof of payment to his cards. I have completed my 2nd draft reply and am finalizing everything this weekend for submission on Tuesday. i agree that its his word against mine and that it will be decided on balance of probability and to that end, i feel i must submit substantiating evidence to support my "word". I am afraid of leaving everything till the hearing because i will probably stutter and fall apart. 30 years ago i would know what to do and how to approach a situation like this,(I probably would not have helped him to this extent) but now, since my breakdowns I find that i must write things down, have a clear structure and a plan. Thats the reason for me making this post and seeking help from CAG as i just did not know where to start. I am very grateful for yours and everyone's help and advice so far. I will of course let you all know how I got on. Many thanks, BF
  15. burmafriday
    Hi Ganymede thank you. BF Hi All, I have a few questions as I have been going through the various contributions and comments and I wanted to quote Steampowered’s comments in post #37 “It is surprising that this is not in his Defence. If it is not in his Defence I am not sure whether the judge would entertain that argument at trial. “ Can you pl clarify what you are referring to? Statute Barred? You then go on to state “I personally would not bother with a Reply, since the Defence does not raise any new legal matters and nothing which is not already covered by your Particulars of Claim.” This was supported by Andyorch’s post # 39 where “even consider moving to strike out the defence as it has no merit and request Summary Judgment.” This is the full Defence statement ...QUOTE It is denied that I borrowed money from the Claimant between the dates pleaded. Therefore I did not promise to repay any such money nor did I fail to do so. I did not borrow xxxx from the Claimant as alleged or pleaded. I do not consequently owe the Claimant interest as pleaded The Claimant employed me from the years 2002 to 2010. I was paid xxx per week The Claimant paid me on different dates my salary by cash, cheque bank transfer and finally payments of my credit card bills All payments made by the Claimant to any of my credit card bills was part of the payments due to me as my salary The claimant is put to proof of all aspects of his claim. ...UNQUOTE In my original Claim, I had included a full detailed list each and every payment made to his credit card which was the loan I had made, supported by bank statements. (Therefore I feel I have covered the matter of his borrowings and already proved them in my particulars of claim.) I can also show a list of payments made for his services. (For the sake of clarity I want to stress that he was not under my employ. I contracted his services over a period and he was paid for work he carried out. He carried out a lot of work for me over this period) It would appear that he can merely deny everything in his Defence. On the basis that I had submitted full details of the borrowings in my particulars of claim, can he simply make this statement in his defence? Would you still say that his Defence has no merit ? I can provide an extensive list of all payments I made to him. Should I do include this in my reply ? Thanks very much BF
  16. burmafriday
    Hi All Thank you again for your comments and contributions. I agree with Steampowered. I will leave out all reference regarding defraud. And yes in his defense he mentioned a. his credit card statements b. I employed him c. He was on salary d. His exact salary So I can make a CPR 31.14 request for any and all of the above. And I think I should make this now rather than later. If he fails to furnish this information, When requested then it would be interesting to see how he would substantiate his defense. What do you think? At the moment I got a lot to put together based on all the contributions and my aim is to get it all done over the weekend. Thanks again for everyone. BF
  17. burmafriday
    Hi All Wow – Gosh - I was busy the last few days as an old business colleague asked me to help him and gave me some work. I thought “income” and got my head down. I just came on line to check CAG. I have not even checked my mailbox. I am speechless. Thank you very much for all the comments and contributions. I am really overwhelmed.. Wow. Thank you Riz0 for your detailed guide. You have really, really helped me with the form. I had been pulling my documents and putting all my thoughts down and writing a reply to the defense earlier, but based on the recent comments, there are quite a few more aspects for me to go through. Riz0 is totally correct. I had a long illness. There was not much I can do regarding the loan. As this is an open ended loan - where no repayment deadline was set, nor any official written repayment request made, we are under Clause (3) section 6 of the Limitation Act of 1980 where the limitation period only begins to run when a written repayment demand is made. (I am indebted to Steampowered for this) I will not mention anything about this matter as Steampowered had suggested. I will see if the defense comes back with SB at any time. As I said earlier, I had been thinking long and hard about my reply to his defense. He stated that his “weekly salary “ was XXX (he actually gave a figure) and ALL the payments I made to his credit cards are part of the payments due to him as his salary. I was going to send him a CPR31.14 request for a detailed breakdown of the payments he received as his salary. He was not employed by me as staff. He is self-employed . He prepared and submitted his own PAYE. He merely contracted to me as and when I have a job for him to do. I have my proof of payments towards the fees for his services. (his “salary“ if you like) I can write and put in the CPR31.14 request now. What do you think? It would be interesting if he replies and the "salary" is more than what he declared as XXX. But then I do not think he would reply. Can I ask CAG- if a Defendant receives a CPR31.14 request, is he required to reply by law, is it mandatory? Johninyork raised a point about criminal intent to defraud. I believe we have now found this. If ALL the payments I made towards his credit cards were payments for his services which I contracted (his “salary” payments) clearly he has defrauded H.M. Revenue and Customs. Perhaps you can let me have your thoughts on this….. or shall we leave it for another time, as it would be digressing?? In the meantime, I am going to digest everything and go through each point raised and put my case together again. I will get back to you ASAP. A really big thank you to everyone. I am really grateful. This has to be one of the best threads in CAG thank you. BF.
  18. burmafriday
    Hi John, God yes... I am. Thanks for your support. In fact, I am grateful to everyone. All the comments and contributions really help maintain my sanity. BF
  19. burmafriday
    Hi All, Thank you so much for your comments and contributions. Apologies for my delay in reply but i have been going through the comments and see if i can follow the advice. Hi Steampowered, I understand and appreciate your comments re. balance of probabilities. I also accept that the onus is on me to convince the judge. His defense was really simple. This is what he said. 1. He claimed to have worked for me and claimed that any payments I made to his credit cards were part of his salary. ....(who pays wages to credit cards?) 2. he denied borrowing any money and said i should prove my claim. .... Thats it. There was no mention of SB. On what basis can I ask him to indemnify my legal costs when I am representing myself? Hi Johninyork, thanks for yr comments - of course he made promises of repayment and expressed his gratitude but in actual fact he never made any repayments. Hi Riz0 Thank you for your contribution. To answer your question, I am on fast track. I have gone through your comments. I am preparing my reply to defense and working through the form but I may need help with N181. I will definitely need your step by step guidance. Draft Directions - I am not clear on this. Can you advise me further. Regarding ADR - Please explain further .. what forms are there and how would I apply for them? It seems from your comments that i apply for this during the mediation. Thank you again,very much. BF
  20. burmafriday
    Hi Andy - thanks for moving the thread to General Legal issues - it seemed to have done the trick. As I received some comments. Hi Alloyz1 - yes I too feel the same even though I was undecided about that Hi Johninyork - i have not mentioned anything about criminal intent. What circumstances should there be for there to be criminal intent? Hi Renegadeimp and Johninyork….regarding SB pl see thread#15 posted by Steampowered. I have no legal representation but he has a solicitor working for him. His defense is simply that there was no loan and I am to prove my claim. I understood from my research that Judges do take note and consider if a Claimant’s claim has merit irrespective of simple denial from the Defendant. I can prove my claim as I hv proof of all payments and loan but I wondered if there were cases similar to mine which I could refer to as this would help me greatly. By the way, if i can prove that he lied in his defense would that be deemed to be criminal intent to defraud? Thank you very much BF
  21. burmafriday
    Hi Can anyone give me some guidance please? I know this is not normal CAG business but I really do need some advice. I don't think mediation is the way to proceed as he has flatly denied the loan so there is nothing to mediate. He also has a solicitor working for him and so if anyone is aware of similar cases and where I can access their details, please let me know. I really need help in getting myself sorted out to deal with the next steps of this case. Thank you BF
  22. burmafriday
    Hi All Sorry I have been away for a couple of months but things have now moved forward and I think it is now the right time for me to bring you all up to speed. Firstly, I want to thank every one again for all the help and advice to date. I really helped me. It took some time for me to get things moving as you can imagine but I got all my evidence and proof together,… did my due diligence and progressed the matter further. It was a bit of a process as I had to apply for a waiver on the court fees (as I am on ESA) which was granted to me. I then listed out every payment I made to his credit cards, substantiated by my bank statements and served the guy a writ. I have now heard from Northampton CCMCC that he has now submitted his defense. The court also sent an order that I am to complete a Directions Questionnaire (form N181) He submitted a hand written defense. He denied that he borrowed money from me and so did not promise to repay any such money nor did he fail to do so. He did not borrow the money as alleged or pleaded. He does not therefore consequently owe the Claimant any interest as pleaded. He then stated that he worked for me and all payments I made to his credit cards were part of the salary due to him. (Who pays wages/fees to a credit card??) He said the claimant is put to proof of all aspects of his claim. For clarification, he did do work for me. However, he was not employed by me. He was self-employed and I paid him for the work he carried out. I have proof of all my payments to him regarding the work he carried out. I do not have a written agreement of my loan but of course, there was a verbal agreement. I sent a detailed list of payments made to his credit cards in my writ and so it is clear and undeniable that I made the payments as I had claimed. My problem is that there is no written agreement regarding the loan but I have ample and significant evidence of the existence of some kind of loan as I was making these payments to his credit cards. Can you give me any advice on how I can proceed or suggestions or cases similar that I can refer to? This will really help me. I am very concerned because I am certain that he is getting help from a solicitor friend. Some one else wrote his defense. And this is a worry to me. Regarding the form Direction Questionnaire form N181 for mediation, I do not think I will achieve anything by going through mediation. It will help him as it will delay the matter even longer. I am tempted to say “No” to mediation citing his full denial of the loan. What do you think? any suggestions. Many thanks/BF
  23. burmafriday
    Hi Sorry i had to go on a course. Thanks for your replies. i will write as Seanamarts suggested and get back to you. All the best/BF
  24. burmafriday
    Hi Silverfox, Thank you for your fast response and info on debt Collectors and forgive my ignorance but what can i do with this info?. I don't know quite how to proceed from here. All the best BF
  25. burmafriday
    Hi, Well these guys are still phoning and writing to my address. Oriel are I see members of CSA and DBSG where CSA = Credit Services Association DBSG = Debt Buyers and Sellers Group. We know that Studio London is in liquidation according to Companies House so i can only assume that they purchased my daughters alleged "debt" and are therefore free to pursue it. It would appear that the fact that my daughter actually does not owe the money to Studio London or that Studio London had incorrectly claimed this debt now appears to be irrelevant. As they are now liquidated means ( they are probably trading under another name and) there is probably no rec-course on Studio London. I am ignoring the letters. However, is there anything that I/my daughter can do under these circumstances.? All the best/BF

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