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    • I see they're trying to round up asylum seekers and lock them up for about three months so they can be put on planes to Rwanda. I'm a bit surprised that this is legal.  
    • thought for the day "Prime ministers need a big strategy that tells you where you’re going, you need a bunch of tactics that get you there, and you need the ability to take everybody else with you."   Now I know you are all thinking 'why is the  UKs destination Rwanda ???
    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
    • Right that's exactly why so many drivers got caught, it had been that way for many years then suddenly changes with no warning
    • The hearing is 25th June, I have downloaded items to different organisations previously but they do it a simple way and I just cross out private things with a felt tip and sent to an email address.  I have looked at the instructions for CAG it seems extremely complicated especially this about having to use a system MSPAINT.EXE that removes your personal information. I am hoping one of my Grandchildren understands things to give me help, I have shown one of my daughters she said she does not understand the instructions. I have a PC and I mainly use a lap top, as previously advised I only understand the straightforward things, sending an email and using my scanner to send a document that I save in a file or send it to an email. I will try and find someone to help me, thanks for your help you have given me so far appreciate it        
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Glasgow City Council-Double yellow lines - No PCN


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Last thursday my phone kept ringing, finally I listened to a message from Red...could Mr ? call them today on 0113, then 20 mins later the phone rang and it was 0113 (lowells) I told them to stop calling as Mr ? hadn't lived here for 5 yrs then slammed the phone down.

The same thing happened again on friday txt messages then a phone call so I told them to remove my number or else!

Then on saturday I received a letter for Mr ? unbelievable!

 

I know the person they are trying to trace but I'm not going to make it easy for them! the debts are over 6yrs old anyway.

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  • 4 months later...

Sheriff officer called by to place an attachment on my car for an unpaid parking ticket. He should have provided me with debt advice and information pack but didn't, neither did his employers stirling park although they claimed it was posted to me. They would appear to have not done their duty according to their own guidelines. As it happens, all Glasgow city council tickets are invalid as I had another one wiped out. I complained to GCC and they have put the attachment on hold while they "investigate". Question is, what can I do about Stirling park as they are particularly nasty. I'd like to be able to report them/cancel the attachment based upon their inability to do their job properly?

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All Bailiffs do this I had the same But I got the letter 2 days after they attended for my car too I also had a out of time stat dec in place and they refused to budge I ended up paying ut 534.00 for them to remove the clamp and I had to wait 2 weeks to get refund. PlUS THE car was on HP

They all have a dam cheek they threaten you for money you give and then you have to wiat for refund But they don't wait do they?

 

It makes me so mad

 

Hope you get sorted Pm Tomtubby she is the bailiff expert

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Made payment but queried that an attachement had been placed on my car even though there was outstanding HP agreement. Told to send my agreement in and they would refund a portion of the payment made? Surely they should have done all this prior to threats?

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  • 1 month later...

Stirling Park failed their obligations under the Debt Arrangement and Attachment (Scotland) Act 2002 re the attachment. I've written asking for their complaints proceedure and under what "hat" they are wearing; DCA or Sheriff Oficers. Are Sheriff Officers ever found culpable? How can I get money I paid to them under false pretences be repaid?

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Hiya,

 

I don't really know anyhting about parking tickets them selves and the aftermatch but,

 

I beleive you are doing the right hing about asking for complaints procedure and put your complaint in full and in wiriting.

 

If you are unhappy with that on completion and want to take it further you make a complaint to the sheriff principal, your local court should be albe to provide the details and also to smaso:

 

S.M.A.S.O. - Contact

 

 

Sorry couldn't be much more help, if I come across anything i'll post up

 

ida x

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Thanks IdaInFife. Very helpful, I'll give them a call as Stirling park have not responded to my request for their complaints procedures. I've clicked your scales so as you can abuse your husband!! (metaphorically speaking)

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