Jump to content


  • Tweets

  • Posts

    • oh well, at least your eign of terror is over now. so no contact directly since from/to sainsbury's. everything since has only been with DWF?
    • Replying to above  this was on the day that two store detectives approached me and my friend and took us into the back room and spoke to us when they explained they have been watching
    • as my learned friend above...and.. sadly because just like DCA's and initially yourself in this case, you believed they have some magical powers ...they DON'T. 85% of people blindly pay DCA's cause they know no better and think they are BAILIFFS. only the RETAILER can ever do court and none have done this on a silly member of joe public that did something stupid since the infamous 2012 Oxford case on retail loss. BAILIFFS can only ever be involved after you've been to court and lost a CCJ, fat chance re above... and anyway, no BAILIFF has any right of forced entry anyway on consumer debts even with a judgement so......... stop panicking and thinking everything that doesn't apply.. forget about them but p'haps a confidential GP visit might be a very good move... what slightly concerns me more here is:  who are 'them' that told you they'd reviewed a week of CCTV and come up with several shoplifting instances over that time amounting to the above? have you directly contacted or had contact from Sainsbury's? and know they HAVE done this? or is this DWF willy waving and they tricked you into  admitting several previous successful thefts... this is not the norm...  dx      
    • next step then await the N157 from her local court giving the time and date of a future hearing some month in the future. now she MUST file a witness statement 14 days (typically) to both the court and kearns .  so cant allow to much of a time lag before you are aware of that and get her WS done. wack us up 2 multipage pdf files please  one of what they returned for the CRP reply . and one for everything they sent back in 2022 you've found.  we do not need statements. ideally it would be nice to see their WS before hers is finally filed. dx  
    • Another interesting article in the Grauniad - Counterfeit barcode stamps furore carries echoes of Horizon scandal | Consumer affairs | The Guardian WWW.THEGUARDIAN.COM Royal Mail admits its scanners ‘make mistakes’ but stands by the process it uses to detect fakes as ‘robust’  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Statutory Demand Issued


BVG
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5750 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Ok all papers submitted to the courts and before the date expired. Thank you all for the help.

 

I have also recieved a letter back from Connaughts saying my file has been closed by their office and sent back to 1st Credit, they have also returned my postal order.

I guess that case is closed for now.....

 

However, I have just got a letter from Lowell saying they may be taking me to court (CCJ this time, not an SD).

 

I will sent the same letters off to them etc.

 

My question is; If they try to get a CCJ against me, do I have to be invited to the court so I can defend myself or can they just do it and tell me after the event?

 

Thanks in advance, BVG

Link to post
Share on other sites

You would be notified of the claim by the court. This is as part of a claim pack which you would receive. If you decided to defend the claim (that's one of the options on the forms) then the claim would be moved to your local court so that you can attend to defend the claim.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Hi Rory32, thanks for the very quick reply and usefull info.

 

On the 6.5 Form you very kindly helped me write, at the footer you put

 

Further, I invite the court to make an order of costs in favour of the applicant in respect of the reasonable cost of preparing this application and of attending any hearings in respect thereof.

 

As I have started the court process against Connaughts now I take it, it will go to court to get set aside?

 

I have a feeling from other posts that they will write to the court before hand and say they are no longer chasing it etc and have no objections to it being set aside / withdrawn.

 

If this is the case can I still go after them for costs etc for my time??

 

Regards BVG

Link to post
Share on other sites

As I have started the court process against Connaughts now I take it, it will go to court to get set aside?

 

I have a feeling from other posts that they will write to the court before hand and say they are no longer chasing it etc and have no objections to it being set aside / withdrawn.

 

If this is the case can I still go after them for costs etc for my time??

I would.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

MBNA Have now replied to my Subject Access Request but what they have sent in not really acceptable as far as I am concerned.

 

They have sent me 1 page of a statement covering only a small part of the period I was with them and a copy of what would seem to be their current terms and conditons.

 

Is there a standard letter to send them telling them they have failed to comply etc - Seem to remember reading a v.good letter in another thread.

 

Oh, also posted my postal order back.

Link to post
Share on other sites

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

  • 3 weeks later...

Update - Connaught have written to me and the court saying they will not be attending and have no objection to it being set aside.

 

The date the court has given me is when I am on holiday. Typical !

 

I would like to write a letter to the court asking for it to be set aside in my absence and try to get some costs awarded for my time prepairing all the paperwork etc but am unsure what to put or how far to push as I wont be able to attend the hearing in person.

 

Any guidance or other threads with simular letters?

 

Regards BVG

Link to post
Share on other sites

Simply write to the court apologising for not being able to attend and stating the reason why. As far as costs are concerned you can claim costs at £9.25 per hour. 18 hours as a total would seem reasonable for time spent identifying and understanding relevant legislation, time spent identifying and understanding relevant case law and time spent preparing affidavit and skeleton argument. I would also add a couple of hours for time spent communicating with Respondant and swearing affadavit.

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Just write to the clerk of the court (he/she will pass it on to the judge) and respectfully put your reasons for not attending. Also obviously quote the case number and the claimant and defendant.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

  • 3 weeks later...
Thanks, have found this site wher you can get the forms in .doc format rather than .pdf - Filling them in is easier in MS Word.

 

England and Wales Forms

 

 

Sorry to barge in. Those .doc forms are indeed very useful. I used them myself. However, you don't need to buy Microsoft Word to fill them in. I used Open Office which is free and can be downloaded here...

 

download: OpenOffice.org Downloads

 

You can fill in the forms easily with Open Office.

Link to post
Share on other sites

  • 1 month later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...