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    • best to be sure it is a N279. not that they pull any underhand stunts of course   but we have seen it. your bal is now £0 but we'll still attend court as you'll probably not as we've said we've closed the account and we'll get a judgement by default. dx  
    • Sorry, last bit They had ticked that they wanted the application dealt with without a hearing, so is there any relevance that a date and time to attend said hearing has been sent out ?
    • I've not seen it personally but I think that's the letter Dad has had from Overdales. I'll see it tomorrow. It states balance: zero
    • Agreed as you clearly have little faith in your star runners, mind you - I have less - conditional on the welcher clause I defined being part, and that we are talking about the three defined candidates: Tice Farage and Anderson - not anyone anywhere as reform might (outside chance) get someone decent to run somewhere. If any of the three dont run - they count as a loss.   welcher clause. "If either of us loses and doesn't pay - we agree the site admin will change the welchers avatar permanently to a cows ass - specific cows ass avatar chosen by the winner - with veto by site on any too offensive - requiring another to be chosen  (or of course, DP likely allows you can delete your account and all your worthless posts to cheapskate chicken out and we'll just laugh) "
    • This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that 1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing. 2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim. 3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence. 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024. 6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective. 7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661. 😎 It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.   They have asked for extension Because 2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Patma
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As for the question 'Why couldn't it be posted'? I suspect it's because they left it too late, the papers had to be in 14 days before the set hearing date.

 

If they had stuck to the deadlines previously I might be convinced that is the motivation, the fact that there have been several other "anonymous" visits makes me think this visit has got absolutely nothing to do with delivery bundles.

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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If they had stuck to the deadlines previously I might be convinced that is the motivation, the fact that there have been several other "anonymous" visits makes me think this visit has got absolutely nothing to do with delivery bundles.

 

Are we on the same wavelength here natalie? Lyons-Davidson drop Fred the sec 36 offer then intimidate him with a personal visit which happens to include an outrageous breakdown of included costs, maybe contrived to make him think a little deeper about taking up their extraordinarily generous offer?

Edited by Toulose LeDebt

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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I've been following this thread for ages and now have to add my admiration for Fred and those helping him. I wouldn't be at all surprised to discover these latest tactics are an attempt to intimidate because I've been there myself with a claim against a County Council. You tell yourself it's nothing and you're being paranoid until the day they send through the 'reports' and witness statements. Oh yes, in my case they'd been knocking on doors and talking to my neighbours trying to dig some dirt - any dirt.

 

I was horrified but my solicitor was not in the least surprised. It seems this sort of behaviour is now normal practice. I hope Fred sticks it to them big time. Organisations with large amounts of other people's money seem to think they can do as they please and they know most people will give in. I'm delighted to see someone standing up to the bullies, I know how hard it is.

 

Costs - mine were in excess of £180k by the time they'd forced it to the High Court and then given in on lunchtime of the second day. I have no idea what theirs were but all that public money wasted because of arrogant bullies.

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Costs - mine were in excess of £180k

 

:eek::eek: Bet you were glad you won!!

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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A tad relieved :) Holding your nerve is not easy even though you know you're in the right. I know that unlike Fred, it was my case and so could have stopped at any time in theory but actually you can't because you can't afford to. I still smile when I hear the song 'I get knocked down but I get up again' as my daughter would put it on in the car every time we had to go to CMCs and the like. We sing along, tunelessly but very loudly and be ready for battle when we arrived. Silly but it worked.

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Well done hightail and thankyou for your good wishes and inspiring story.

We'll have to try that song. I can definitely do the tunelessly bit, don't know about Fred's singing skills though:D

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Are we on the same wavelength here natalie? drop Fred the sec 36 offer then intimidate him with a personal visit which happens to include an outrageous breakdown of included costs, maybe contrived to make him think a little deeper about taking up their extraordinarily generous offer?

 

 

Well that was pretty much my train of thought and I dont have the extra insight into things that you do. They dont exactly have much subtlety do they.

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Okay Patma I've had a good read through those documents and I've sent you a wishlist.

 

Basically very little indeed we didn't already know padded out with lots of superfluous letters which actually add nothing whatsoever to their case.:-|

 

 

Very pleased to see they have persisted in filing certain documents, struggle to see how that's a wise move but they probably had done this before the latest Court Order landed. I'll print the lot off, annotate them with my special Sharpie and then rescan them for you ready for Fred to take to the hearing.

 

There are two glaring omissions but I think you and I know the reason.:rolleyes:

 

We'll keep any legal points specifically relating to this bundle off thread from now on we wouldn't want to spoil the surprise on the 2nd Sep for anyone would we?

 

I know you've had a long day so don't think this is an urgent job but some time it would be interesting to know if the doc numbers and the number of pages indexed correspond or whether certain pages might have been withdrawn late on.

 

 

I can see what they're trying to do but there's a valid defence and if Fred can get the caution expunged then there's no case to answer based on the POC and the bundle.

Edited by Toulose LeDebt

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Patma.

 

 

I think I'm on to something. Blindingly obvious potential casebuster.

Edited by Toulose LeDebt

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Do I remember correctly that PCAD are on a no-win, no-fee contract?

So, if LD loses the case, they have to eat those costs themselves?

 

All bar the first eighty quid. :D:D

 

Mind you there's still time for it to get a whole lot more expensive for them yet. I understand the regular firm of solicitors PCAD employ are pretty good.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Mind you there's still time for it to get a whole lot more expensive for them yet. I understand the regular firm of solicitors PCAD employ are pretty good.

 

That sounds ominous for LD. Mind you, it is a dog-eat-dog world we live in. :)

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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That sounds ominous for LD. Mind you, it is a dog-eat-dog world we live in. :)

 

If what I've seen can be confirmed tomorrow then it's game over bar the counterclaim.

 

Have you seen the pm Patma?

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Were not LD appointed by R&SA on a conditional fee arrangement rather than by PCAD themselves?

 

According to their web site, LD specialize in acting for insurance companies and incidently have a vacancy for a Paralegal at their Plymouth office!

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Were not LD appointed by R&SA on a conditional fee arrangement rather than by PCAD themselves?

 

According to their web site, LD specialize in acting for insurance companies and incidently have a vacancy for a Paralegal at their Plymouth office!

 

 

Yes PCAD actually use a completely different firm when they sue people.

 

There is nothing I can say to the second part of your post because I'm thinking back to the jobcentre link and laughing too much......

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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I understand the regular firm of solicitors PCAD employ are pretty good.

So it isn't Lyons Davidson that Plymouth College of Art normally use. I'd be interested in learning, in the fullness of time, why they're handling this case then. I suspect that the answer to that could also answer another of the things that puzzles me: Why has this raised its ugly head again now after nearly four years of nothing.

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