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    • See what you think about the attached.  I haven't really changed your arguments, merely changed the order to make them more obvious for the judge.  Please check for accuracy. I've also royally knackered the numbering and layout Regarding your partner's WS, cut out the first paragraph as it's unnecessary and confusing with its talk of appeals. I see the PCN mentions the amount may rise to £120 if you don't pay - then the idiots went for £170 in their court claim!  Very bad own goal. I also see their solicitors say they won't turn up to the hearing - if so you're more or less guaranteed to win.   Defendant's WS - version 2.pdf
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      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.  

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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.

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      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.
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      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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Bankruptcy Proceedings


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Hi, this time last year my local council started bankruptcy proceedings against me for the sum of £4500 in unpaid council tax. the deadline foe to pay this debt is this friday 7th march. I have managed to raise £3850. I have been told that they will not be able to make me bankrupt if the amount i owe them is less than £750. Is this true? If so what will happen when I pay the £3850? Does that them leave them in limbo? They are trying to hit me with costs of £2500 as well.

 

advice please!

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The amount that a creditor claims he is owed to get a bankruptcy petition issued is £750. However, depending on the stage of the proceedings, costs may also be included. I would contact the council and offer the £3850 amount now and negotitate a settlement on their costs.

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Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Hi Docman, are you saying that I should offer the £3850 and tell them i'll pay the remainder later? In terms of their costs, at the last hearing their solicitor advised me that I need not turn up at the next hearing if I had made payment. I not stupid! she wants to get an order for the full amount without me being there! Are you sure that if the remaining debt was less than £750 they could still get an order for bankruptcy?

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If their claim is for less than £750, then they cannot bring a bankruptcy petition. The reason I asked about costs depends on the stage of the proceedings. If they hadn't gone to court and were just claiming their own solicitors time, then they couldn't succeed if the outstanding debt would be below £750. However, if they have already gone to court and the court had ordered costs to be paid, then I think the costs would be part of the claim. As it appears you are in litigation, the solicitor may be asking for costs as well. Can you pay what you can into court, especially if you don't dispute the debt? The more you show you are trying to settle, the more unlikely it is that the court would rule against you.

 

Are the council taking action in the county court or have they gone to the magistrates court? Normally civil disputes are heard in the county court but local councils can bring actions in the magistrates court for unpaid council tax.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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the claim is for £4500 but im paying £3850 in today or tomorrow which would leave the balance at £650. I would like to think they would then cancel the petition anyway but if they didnt could the judge still make me bankrupt on that amount? the claim is in the high court.

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It is possible. The £750 limit is to support the bringing of a bankruptcy petiton. If the council already have the petition being heard, it means they went claiming £4500, which is what you owe at the moment.

 

All you can do is pay what you can into court, tell the council and ask what terms they would settle for (you paying so much a month) to stop the bankruptcy.

 

Whatever they say, you should plan to attend the bankruptcy petition hearing. When is the hearing anyway?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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