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    • Paint is a free programme on any Windows PC. But don't worry, the choice here is not either perfection or nothing. As you say, use your scanner, save the file ... and then use the "choose files" option when you post to CAG to add the file. We can do all the redacting and converting to the correct file type at this end.  The important thing is just to get the info to us. Why not do an experiment this afternoon and see if the above works?  
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    • 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
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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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      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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Hi guys just need some imput on this.

On 21/09/07 i ve had a mutual exchange( i am council tennant).

the following day i went to declare the change of address and a new account was set up.

Now this is when it get intersting.... they sent me the bill for council tax

o 14/02/08 and a week later i ve received the summons for magistrate court.

Now i ve sort that out i don t need to appear in court but the outstanding bill has been added on this year bill.

I am already on low income (£170 take home a week) and applied for relief

(£18 the bloody cheek of them).

Now i was struggling to pay this year bill, and i won't be able to afford the increase.

Any tought on it?

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You may think you have sorted it out.

 

When you say you don't have to appear in court, does that mean they have cancelled the liability order or that you don't have to go to court to defend it. Be very careful of the way they twist words.

 

If the latter, there is no point in going to court as the courts will always grant liability orders as submitted.

 

What it does mean though is that once a liabilty order is obtained, they can take the money from you wages or any benefits you are receiving. It matters not to them that you might default on a mortgage or rent payment, that is not their problem and they couldn't care less.

 

To me, the order of priority payments is mortgage or rent, water, gas/elec and then council tax.

That order is the priority in which you need to live, but the councils don't see that and put council tax as the first priority and sod the rest.

 

If you do receive a liability order, you must contact the council within forteen days or they will give it to a bailiff to collect and you will lose the right to pay by instalments.

 

If your on such low pay, have you applied for any benefits that you may be entitled to?

 

I see they have given you a rebate of £18, that is so nice of them.

 

These things are laid down by the government in guidlines and the councils take these guidlines right to the limit.

 

In another thread I posted how much the councils nationally make in issuing liability orders and it it around £200,000,000 per year, nice little earner.

Edited by Conniff
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Hi thanks connif for the insight.

I went yesterday back yesterday to complain about the fact that i haven't received a bill forn almost 5 months.

I spoke to one of the managers and not even him could see a reason.

So i twisted their backs into trying to find out a solution as i cannot afford the £160 they are asking me to pay.

Guess what after long negotiation they have agreed for me to pay a weekly amount ( i get paid weekly, and i can actually afford to pay that way) and also I will be re submitting the form for relief.

Now the court summons has been cancelled and i have in my possesion a letter stating that.

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