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    • Thank you both. My defence was as vague as their Claim. 1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied. 2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists. 3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document. 4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either. 5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided. 6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
    • 80% refund sounds like a very good deal* as they are entitled by law to deduct an amount from the refund to reflect the use you have had of the item over the 12 months it has been working.   So you could argue that a deduction of 20% for one year indicates that they expect it to last for at least five years, and probably longer.     * Think about it this way - would you pay 80% of the value of a brand new iPad to buy a second-hand one that somebody else has been using for over a year, or would you expect to get it cheaper than that?
    • Hi WoodDD.. Neither Case was cited in the VSC WS... however, MR D form VCS threw in VCS v Ward & Idle for the Judge to consider during the hearing. The Judge did not have time to review this. I believe he may have had a quick scan but decided it wasn't relevant at the time.. By not relevant, he didn't elaborate if it was not admissible or anything else..   Hope this helps..   Regards Tom     
    • Can I  ask what you mean by "... they recommended a firm... "?   I ask because I'm a bit surprised that Social Services are even allowed to do that.  (I may be mistaken and that this is common practice, but it seems a bit odd to me).   If they did do so and the work has turned out to be sub-standard and unsatisfactory, I would have no hesitation in making a formal complaint to the council and also to my (or your friend's) local councillor(s).  You acted on the council's recommendation and you should have a reasonable expectation that the firm recommended should be reliable and professional.  I would also insist that trading standards be asked to investigate this firm.  (Where I live our local county council trading standards department runs an approved trader database).   A complaint to the council might not directly assist you but it might help to prevent others being taken in by this firm.
    • Hello Susan, welcome to CAG.   Hopefully Paul Walton will see this message and reply to you, but it would also be a good idea to start a new thread of your own so we can advise on anything else connected with your refund.   Best, HB
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Swift Advances. Secured Loan Charges reclaim


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This is what I will be using against Mark White when he stated Swift do not pay commission and do not operate agencies........and furthermore in the signed statement of truth in the Disclosure CPR objected to me seeing the correspondence between THEIR AGENTS

 

 

case KJM Superbikes v Hinton [2008] EWHC 1280

 

KJM appealed to the Court of Appeal against the judge’s decision refusing permission to bring contempt of court proceedings against Mr Hinton. Lord Justice Moore-Bick allowed the appeal and Lady Justice Arden and Lord Justice Mummery agreed with his reasons for doing so. The primary question was whether it was in the public interest for the contempt of court proceedings to be pursued against Mr. Hinton. He stated that “a witness who knowingly makes a false statement in the course of giving evidence orally or in an affidavit does not expose himself to an action for damages at the suit of anyone injured as a result, but he does expose himself to the risk of prosecution for perjury and as such is publicly accountable for his attempt to interfere with the course of justice.” He said that giving a private person permission to pursue proceedings for contempt “allows that person to act in a public rather than a private role…….to pursue public interest”.

 

 

 

This case therefore serves as a timely reminder to signatories to statements of truth and those advising them to ensure that the facts stated in the document concerned are true. A failure to do so can expose the signatory to criminal proceedings for contempt of court and if convicted, the sentence can include imprisonment, a fine and/or a seizure of assets. Not only that, but the credibility of the signatory as a witness will be destroyed and the Court is unlikely to accept as true other parts of his or her evidence. Witness statements and statements of case should therefore be read thoroughly before signature and amendments made to ensure that the document is factually correct.

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The public interest is ....................that Mark White has made similar untrue statements in other courts of law.......... and on his statements peoples property have been possessed......... and it must stop ........those people who have had them possessed on his statements containing falsehoods should have the full value of thei property paid back to them in compensation.

 

sparkie

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Another Document I have got that I didn't have to use in my previous Court case Swift took against us is a screen shot taken off the Agents/Brokers computer system..........it has a box that asks on it have any other lenders been contacted.......ITS BLANK ..meaning this Agent went straight to Swift ..............and didn't shop around for a better deal for us..............another screen shot shows a box with the the word Commission Paid ....guess what ........its filled in showing Swift did pay them commission.....another document to show Mark White did not tell the truth under oath ...you can't dispute documentray evidence can you. These agents went bust in April 2008

 

Commission is only paid to AGENTS of the Lender.Borrowers don't pay commission direct the lender does, all this exra evidence is for the big hearing I'll request, I've got loads of it

 

sparkie

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Excellent Sparks....!!

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Hi Appollo18,

 

I have only got to pove just one of the many false misleading statements by Mark White to the Court .......and I am convinced I will ..........he will then feel the full weight of the Court will fall on him, but what follows from that is that every case that he has given evidence in and stated the same in can be called into question...... because he goes into a pre-hearsed oral recitation in the witness box....and everyone can then use it to have their judgements overturned. ........the consequences of this I leave to everyones thoughts

 

I know Swift will put up a fight................ but they are up against TOO much damming evidence to show that he does not tell the truth under oath let alone in his statements of truth, I will be using one of his own CEO Mr John Webster statements to prove it.

 

sparkie

Edited by Sparkie1723
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This is what I will be using against Mark White when he stated Swift do not pay commission and do not operate agencies........and furthermore in the signed statement of truth in the Disclosure CPR objected to me seeing the correspondence between THEIR AGENTS

 

 

case KJM Superbikes v Hinton [2008] EWHC 1280

 

KJM appealed to the Court of Appeal against the judge’s decision refusing permission to bring contempt of court proceedings against Mr Hinton. Lord Justice Moore-Bick allowed the appeal and Lady Justice Arden and Lord Justice Mummery agreed with his reasons for doing so. The primary question was whether it was in the public interest for the contempt of court proceedings to be pursued against Mr. Hinton. He stated that “a witness who knowingly makes a false statement in the course of giving evidence orally or in an affidavit does not expose himself to an action for damages at the suit of anyone injured as a result, but he does expose himself to the risk of prosecution for perjury and as such is publicly accountable for his attempt to interfere with the course of justice.” He said that giving a private person permission to pursue proceedings for contempt “allows that person to act in a public rather than a private role…….to pursue public interest”.

 

 

 

This case therefore serves as a timely reminder to signatories to statements of truth and those advising them to ensure that the facts stated in the document concerned are true. A failure to do so can expose the signatory to criminal proceedings for contempt of court and if convicted, the sentence can include imprisonment, a fine and/or a seizure of assets. Not only that, but the credibility of the signatory as a witness will be destroyed and the Court is unlikely to accept as true other parts of his or her evidence. Witness statements and statements of case should therefore be read thoroughly before signature and amendments made to ensure that the document is factually correct.

 

now now sparkie no way on earth will those rats cope with you this time last time you had NOTHING not even a breakfast

yet ended up ALL DAY taking the **** out of those twits

BUT NO WAY COULD THEY LET YOU WIN AS I ALWAYS SAID HOW WOULD IT LOOK IN NEWS AT 10

 

MAN WALKS INTO COURT OF STREET AND WIPES OUT TOP LEGAL TEAM

AM 100% THIS TIME IT WILL BE ON MORE THAN NEWS AT 10

pick up a penquin two systems for the price of one:?:

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Two little birds are standing in line at a bank when armed robbers burst in. While a few of the robbers take the money from the tellers, the others line the customers up against a wall and proceed to take their wallets, jewelry, and any other valuables they may have.

 

While this is all taking place, one wee birdy puts something into his colleague's hand. Without looking down, the second lawyers whispers, "What is that?"

 

"It's the £100 I owe you," replies the first wee birdy.

pick up a penquin two systems for the price of one:?:

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that not a joke matie it true just like this I

 

Just got from a wee birdy about one of their wee birdy friends

 

A co workers husband speaks frantically into the phone, "My wife is pregnant, and her contractions are only two minutes apart!"

"Is this her first child?" the doctor queries.

"No, you idiot!" the wee birdy shouts. "This is her husband!"

pick up a penquin two systems for the price of one:?:

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andrew1 sorry but I dont want to be your friend until Sparkie accepts my request first. no ill feelings hope you dnt feel as hurt as I do

pick up a penquin two systems for the price of one:?:

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andrew1 sorry but I dont want to be your friend until Sparkie accepts my request first. no ill feelings hope you dnt feel as hurt as I do

 

:oops: Shattered :oops:

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