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    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS and wonder what your advice would be given the documents they have provided?. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
    • did you submit your directions
    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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AMEX & AIC & Newman


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Hi Guys,

again I am indebted to those of you pledging support. The morale of seeing the pledges is enough.

 

As an update I have today been in contact with a Barrister who has raised concern regarding the whole case. I am indebted to Rhia for this information (she knows the direction she pointed me in).

The process has begun and I am initially establishing the grounds and necessary protocol. Of course, I need to be very protective with certain information that I broadcast on here as I intend to play this one very closely to the chest in terms of tactics/rulings etc - so please do not be offended if I do not share everything. I WILL update regularly for those who are interested and I hope I can deliver some positive news about an attack on the Rankine case in general and provide hope for many more people on here. If not, then the least I can do is highlight the pitfalls that have befallen me along the way and offer these as advice to anybody in a similar predicament.

 

Thanks to everyone again.

 

Blue

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Hi Guys,

again I am indebted to those of you pledging support. The morale of seeing the pledges is enough.

 

As an update I have today been in contact with a Barrister who has raised concern regarding the whole case. I am indebted to Rhia for this information (she knows the direction she pointed me in).

The process has begun and I am initially establishing the grounds and necessary protocol. Of course, I need to be very protective with certain information that I broadcast on here as I intend to play this one very closely to the chest in terms of tactics/rulings etc - so please do not be offended if I do not share everything. I WILL update regularly for those who are interested and I hope I can deliver some positive news about an attack on the Rankine case in general and provide hope for many more people on here. If not, then the least I can do is highlight the pitfalls that have befallen me along the way and offer these as advice to anybody in a similar predicament.

 

Thanks to everyone again.

 

Blue

 

it may well be that your thread was monitored- i would say confidentiality from this point on would be very wise

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Hi Guys,

again I am indebted to those of you pledging support. The morale of seeing the pledges is enough.

 

As an update I have today been in contact with a Barrister who has raised concern regarding the whole case. I am indebted to Rhia for this information (she knows the direction she pointed me in).

The process has begun and I am initially establishing the grounds and necessary protocol. Of course, I need to be very protective with certain information that I broadcast on here as I intend to play this one very closely to the chest in terms of tactics/rulings etc - so please do not be offended if I do not share everything. I WILL update regularly for those who are interested and I hope I can deliver some positive news about an attack on the Rankine case in general and provide hope for many more people on here. If not, then the least I can do is highlight the pitfalls that have befallen me along the way and offer these as advice to anybody in a similar predicament.

 

Thanks to everyone again.

 

Blue

 

This is excellent news that Rhia has been able to direct you forward. Good luck and we look forward to updates as when you are able. :)

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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BT, can you make sure you at least say hi and let us know things are ongoing? I know there have been a couple of threads where the original poster appeared to disappear with no news as to their case and it leaves us dangling:)

 

Good luck.

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Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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  • 5 weeks later...

Thanks to you for that wonderful pledge.

 

Unfortunately - and as an update - I have been put off the appeal process, as it would have taken too much to finance the risk as I needed to appeal and lose then appeal again until I reached the necessary court level within the system - with ultimately little chance of winning.

I'm afraid my tale is one of woe and really I was badly let down by the present judicial system, and my own personal (paid-for) advisers. I am taking them to task at present against their undoubted negligence in my case. I await their response with interest. I am extremely close to financial oblivion unless they can rescue something from the fire. I now have a massive ccj against me and no earthly way to overcome it. With the right advice I would be sitting here with no default and just the original debt - which I never ever disputed owing and the ability to raise finance to repay it properly - now I have double the debt, a ccj and no way on earth to raise any finance to clear it. AIC told me right at the beginning that Amex would pursue me to bankruptcy as in doing so they could then benefit from writing the debt off against their corporation tax - I have to say that their sentiments are ringing true at present.

As a former believer in justice and the way our country operated _ i can now see at first hand how manipulative, unfair and one-sided it all is.

Try not to let this tale put you off though - I would implore anybody in a similar situation to enrol as early as possible, some qualified legal advice - the problem is - where from? How do you know what you will get. It's a turkey shoot and until something such as this Group can come up with qualified and affordable representation for the person in the street then I dont know what to suggest. Generally if one could afford legal help one wouldnt be in the situation in the first place. Legal Aid is not meant for the regular joe-public in my opinion and qualification is quite limited - the charities are also limited in their knowledge and what they can offer. Clear leigislation is required - there is too much of a grey area and too little expertise out there.

I will post again when I have further hews and hopefully feeling a bit more positive.

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I'm really sorry you're in this predicament BT. You tossed a dice that you thought should be loaded in your favour & it split apart on the DJ/barrister roulette wheel.

 

Unfortunately you're not on your own & many have found to their cost that although English law is based on sound principles, the application of it is not always a reflection of justice & I endorse the sentiment you have expressed above.

 

I do hope you will eventually satisfactorily reconcile the devastation & move forward with the components of your life that are truly important - family, friends & having faith in yourself.

FG

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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  • 1 month later...

BT, this may sound absurd but, check your household contents insurance for "Legal Coverage" and see what it actually covers (especially if you purchase Extended Legal Cover). Many were quite broad in their description (written in the 70's - I was there!) and could, potentially, extend to your current litigation. Whether it could be invoked to cover the previous litigation is, I think, debatable/unlikely but there may be something there.

Should you not understand the wording or anything else, I'll gladly interpret it into English for you - I used to write the things (for the US market, where they had to be tight).

 

Chin chin

 

jb

If I'd have known then what I know now I'd probably still have messed it up!

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BT, this may sound absurd but, check your household contents insurance for "Legal Coverage" and see what it actually covers (especially if you purchase Extended Legal Cover). Many were quite broad in their description (written in the 70's - I was there!) and could, potentially, extend to your current litigation. Whether it could be invoked to cover the previous litigation is, I think, debatable/unlikely but there may be something there.

Should you not understand the wording or anything else, I'll gladly interpret it into English for you - I used to write the things (for the US market, where they had to be tight).

 

Chin chin

 

jb

 

most of these policies have "conditions" one of which being that they may take a "view" on the likely outcome and if they do not feel the case is worth pursuing they will refuse to act

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most of these policies have "conditions" one of which being that they may take a "view" on the likely outcome and if they do not feel the case is worth pursuing they will refuse to act

 

They also have to be in at the ground level and will likely refuse a claim that has already begun.

 

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Quote:

Originally Posted by diddydicky viewpost.gif

most of these policies have "conditions" one of which being that they may take a "view" on the likely outcome and if they do not feel the case is worth pursuing they will refuse to act

 

They also have to be in at the ground level and will likely refuse a claim that has already begun.

 

Hi guys,

I appreciate both points, which is why I put the caveat in my original post: "Whether it could be invoked to cover the previous litigation is, I think, debatable/unlikely but there may be something there".

My comment was directed at BT's possible negligence claim against the professional advisers who helped lose his previous action - that is a new claim area.

 

jb

If I'd have known then what I know now I'd probably still have messed it up!

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