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    • Irrelevant if its not in their particulars. Look the crux of the defence is that you are being billed for energy (most probably daily Standing Charge amount) after the previous owner left. So you want proof and dates from the claimant that pin points this debt was incurred by yourself after you took residence. Now we can throw in the the standard legal jargon that puts them to proof. The claimant is an assignee who bought the debt for pence from SSE/OVO they haven't a clue how it was incurred or by who and possibly wont have any paperwork to back up their pleadings. What did did you take residence...what dates are on the charge from when and to ?
    • Notify them of your new address when you move yes.  You should do this with all your creditors and twice with the DVLA (once for licence, other for car V5C) Limitation period is 6 years for private cases.  Don't worry about a CCJ. They're a punishment from the court. For that you'd have to: Get a letter of Claim. Ignore that and get a formal claimform. Either not defend, not meet directions or go to a court hearing and lose (highly unlikely when following the advice here) Get judgement awarded against you Ignore this and not pay in full within 30 days. Only once all that has happened is a CCJ registered against you.  
    • Yes, you should tell them by snail mail if you move, just don't give them your email address. I think they have six years to pursue this, hopefully they won't. HB
    • Ok, thanks for this and noted. I am moving house in a couple of months - should I notify them of this? Is there a limitation period? I've never had bad credit and a CCJ could jeopardise my job for being a moral hazard.
    • It's attached... what do you need to see? Parking Ticket.pdf
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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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court ordered claim cancelled


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Out of interest... was is Glos cc?

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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The bank in question is Lloyds. The solicitors have most probably received my letter before the stay order as it went to them on Monday by Recorded Delivery. So the offer was accepted before the court order. Logic, huh?

I don't want to clog up BF's inbox- I hope he monitors this thread. I have 7 days from 4th of July to object to this order. Bugger.

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" The claim is stayed pending the determination of the Elliot v Lloyds TSB 6UB01701 currently pending in the London Mercantile Court, in which similar or the same issues appear to arise."

 

Seminole; any idea re; does it affect me if my claim seem to be already settled or can the settlement be voided following this order?

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Can I ask is it a very big claim? I'm worried now, thought it was just Glos.

BOS - Prelim letter del 19/5/06 LBA del. no response - filed 12/06

Clydesdale Financial Services - Gave them their chances off to court we go!

HSBC - Watch out I'm coming after you next!

 

If you like anything I say click the scales!

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" The claim is stayed pending the determination of the Elliot v Lloyds TSB 6UB01701 currently pending in the London Mercantile Court, in which similar or the same issues appear to arise."

 

Seminole; any idea re; does it affect me if my claim seem to be already settled or can the settlement be voided following this order?

 

I'm afraid that I don't know the answer to that but hopefully we will be able to advise.

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Do you want to apply to remove the stay?

 

Contact me

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The amount claimed was £3700 plus court costs and one extra charge which took place after the claim was issued. Total £4035.

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Joa

Yhm

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How long was it since you filed the claim? I just wonder at what stage the stay was put in place? I know you had had an offer of settlement but after the claim was issued how long? Just can't understand how the courts can keep accepting claims then putting them on stay. Also if your claim is put on stay are the banks not even more likely to settle so it doesn't go to mercantile court and become the test case?

BOS - Prelim letter del 19/5/06 LBA del. no response - filed 12/06

Clydesdale Financial Services - Gave them their chances off to court we go!

HSBC - Watch out I'm coming after you next!

 

If you like anything I say click the scales!

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I find this very odd, jifjaf joined today so we have no idea why he was sueing Clydesdale Financial Services or what he had wrote on the claim form.

 

Could this possibly be somebody trying to throw a cat amonst the pigeons. Surely if there were a test case somebody would have sniffed it out by now. I know that when I studied law you could read about pending high profile test cases. I think I'll spend some time looking out for this.

RBOS: Fob off letter recieved 28th June.

LBA for £2,690 & LBA for £3,240 sent 1st July. Replt to LBA'S recieved 14/7/06......fob off again!!! watch this space

:lol: MCOL submitted 19/07/06 :cool:

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It's not my case which is in Mercantile; it's someone's called Elliot, bless his/hers socks.

The claim was put in on 2nd of May and Lloyds' solicitors dragged it to the very last minute of every deadline.

 

Angelface; I wish, honestly. Unfortunately it is not a tease or a prank.

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Yep, the AQ was submitted about 3 weeks ago whilst the solicitors submitted on a very last day of the time frame. But no court date arrived- instead the stay order came through today.

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It's not my case which is in Mercantile; it's someone's called Elliot, bless his/hers socks.

The claim was put in on 2nd of May and Lloyds' solicitors dragged it to the very last minute of every deadline.

 

Angelface; I wish, honestly. Unfortunately it is not a tease or a prank.

 

sorry, I did realise that it wasn't your case. It's just that I hadn't heard about it going to court. Hopefully the court will make a sensible ruling and one that favours all us poor people. good luck

RBOS: Fob off letter recieved 28th June.

LBA for £2,690 & LBA for £3,240 sent 1st July. Replt to LBA'S recieved 14/7/06......fob off again!!! watch this space

:lol: MCOL submitted 19/07/06 :cool:

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JOA

I' have sent you an email which is receiving an out of office reply

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what happens if a case is put on stay with regards to a settlement? Is it possible still to withdraw the case if you are offered a settlement or are you 'stuck'? Would the banks be more likely still to offer a settlent if your case is put on stay to keep it from mercantile court or less likely because the case is 'frozen'?

BOS - Prelim letter del 19/5/06 LBA del. no response - filed 12/06

Clydesdale Financial Services - Gave them their chances off to court we go!

HSBC - Watch out I'm coming after you next!

 

If you like anything I say click the scales!

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OK, another question.. and scuse me for sounding stupid, but..

 

What is a mercantile court, and how does it fit in the grand scheme of things when it comes to the court system in this country?

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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My post 62 on this thread

 

Thanks, must admit it's hard to keep track of so many threads on here sometimes. Still none the wiser how the Elliot vs Lloyds TSB case managed to get to the Mercantile Court, but I suppose it's time for some reading up on the subject and see what I can learn.

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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so thats 3 stays out of how many hundreds (or possibly thousands) of claims? Admittadly, a little bit to reflect on, but no burst of the dam as of yet. The only factor that matters is who is "elliot" and how far the TSB lets the claim go. Do they have enough support? What is the detail of the claim?

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