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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      Arnold Clark - Failure to repair damage to infotainment screen

      By dx100uk · Posted

      good idea take some pix and put them in a PDF read UPLOAD dx
    • dx100uk
      IDRWW/J&P - Emirates (HSBC) loan/Card

      By dx100uk · Posted

      thread title updated moved to overseas debt forum. sadly as they are outside any UK jurisdiction upon DCA rules which state in the UK they must not call employers, there not alot you can do to stop these scammers. make sure you totally make private ALL social media twitter/facebook/linked in etc etc as there no-way for them to findout where you work otherwise so you must have a leak somewhere. find it. your employer details arent even legally available to UK DCA's so how have they found it out to date???  simply write to the BANK informing them of your correct and current address ALWAYS!!. if you want to arrange payment or not TO THE BANK ONLY thats upto you. never ever ignore a Statutory Demand a Letter Of Claim a Court Claimform. if if if any of those ever happen. till then ignore and rewash. dx    
    • dx100uk
      Lowell/Overdales Claimform - old HSBC Credit Card Debt

      By dx100uk · Posted

      Date of issue –   13 may 2024 AOS date 31st may defence filing date 14th june plenty of lowell card claimform threads here use our enhanced google searchbox Lowell card claimform id be reading at least 5-10 threads a day. do NOT MISS your defence filing whatever happens.  
    • Easywayout
      IDRWW/J&P - Emirates (HSBC) loan/Card

      By Easywayout · Posted

      Hello All,  I’m hoping someone can help me urgently here. Firstly, I’d like to say I have read multiple other threads and have some what an idea of what I should be doing, however my case might be slightly different so coming with my own questions here.    my situation is I lived in Dubai and had a credit card and a loan, loan with HSBC and credit card with Emirates (or the other way round), I lost my job and was forced to leave the country as I was staying in the country on my companies visa.    since coming back, after a few years 2 different debt collections agencies have been approaching me (one being IDRW and the other J&P). I’ve never answered IDRWW and they constantly chase me by calling and messaging me and my employer. My current company is ok with this as I explained the situation but I’m soon to be joining a new company who definitely won’t be ok with being messaged and called. I’m afraid to continue to ignore them as they may message and calm the new employer as they have before and I’ll lose my job. However, it seems clear from these forums that dealing with the debt collection agencies is never a good idea. You shouldn’t agree to the amount or pay anything.    j&p caught me on my phone but I still haven't sent them any money or confirmed the amount they’re saying is owed, they keep pushing to pay off the “principal” amount by making monthly payments, from reading these forums it seems like if I make one of those payments (they have provided bank details for ENBD), then it’ll just be paying off interest and not actually clearing the principle debt and the bank won’t even approve receipt of payment or that it’s coming off principle.    this is my predicament as ignoring them might not be an option if they chase my new employer. Maybe there’s a way to ensure the debt collection agency don’t contact my new employer?? I don’t know? Massively appreciate peoples help here. Thanks, 
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

VG - Vs Northen Rock - Charging Order

Von Greenbach

By Von Greenbach
in Mortgages and Secured Loans

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Von Greenbach

Von Greenbach

Posted
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Posted

Hi Martin

Yes this seems to be the consensus-especially as you will be able to show the paperwork.

Question is,theres not a lot of time left-so will need to find one that can fit you in pronto.

I agree, I'm at the stage where I need legal rep, I've just spoken to another solicitor who stated "as I admitted the claim, it cannot be overturned" regardless of signing under duress, or any defective DN.

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MARTIN3030

MARTIN3030

Posted
Posted

So its decision time, in the absence of overturning the CO then to be realistic efforts and attentions need to be concentrated on preparing to get the best out of what options remain.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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sequenci

sequenci

Posted
Posted
Hi Martin

 

I believe my options are limited in that there's nothing I can do to stop the CO being awarded :confused:

 

Hey there.

 

Do you have children living with you? Am I right that the property is jointly owned?

 

Cheers,

 

Seq.

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sequenci

sequenci

Posted
Posted
Hi Seq

 

No

 

Yes

 

Thanks for that.

 

Let's say that the credit is given their charging order. You should ask the court to allow it to be granted with a condition attached that the creditor would not be allowed to apply for an order for sale so long as you keep up with a monthly instalment. You should also ensure that post-judgment interest is not applied.

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Von Greenbach

Von Greenbach

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Thanks for that.

 

Let's say that the credit is given their charging order. You should ask the court to allow it to be granted with a condition attached that the creditor would not be allowed to apply for an order for sale so long as you keep up with a monthly instalment. You should also ensure that post-judgment interest is not applied.

Thank you Seq, I'll make a note of your comments.

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sequenci

sequenci

Posted
Posted
Thank you Seq, I'll make a note of your comments.

 

No worries, I was just looking at a worst-case scenario. I'm hoping that it doesn't come the the charging order but I like to try and cover all situations!

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Von Greenbach

Von Greenbach

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No worries, I was just looking at a worst-case scenario. I'm hoping that it doesn't come the the charging order but I like to try and cover all situations!

My situation has taken a turn for the better Seq, can't say to much here at this time ;)

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Von Greenbach

Von Greenbach

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I attended a recent set aside / CO hearing.

 

I want to appeal on the judge dismissing my set aside application, the judge dismissed because I signed the N1 claim admitting the debt.

 

I suffer with depression, on the day I signed the claim form I was experiencing a "bad" day and not thinking straight, hence admitted the claim.

 

Within my set aside application my GP wrote to the court informing them of my medical condition, but the judge refused to take any notice and completly ignored it, stating I admitted the claim.

 

I had no reason to admit the claim due to them issuing a defective DN & terminating the agreement (terminated before 14 days were up) prior to the claim coming through.

 

What are the chances of me appealing on the judge dismissing my set aside application stating I admitted the claim in error / under duress due to having an "off" day as per my condition, is this a justifiable reason?

 

I have a hearing in 3 weeks for the CO to be made final.

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Von Greenbach

Von Greenbach

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Thx Jon

 

The letter suppllied to the court by my GP confirmed my condition / / specialist I've been treated by / number of years I've suffered / daily medication, but the judge just ignored it.

 

Do I need to obtain further evidence, or just re submit that letter within my appeal?

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babybear39

babybear39

Posted
Posted

The judge should have looked seriously at the medical evidence supplied. If it were me I'd go to the next hearing with a copy and explain or get someone else to explain for you the circumstances surrounding this :-x

 

It makes me furious to read posts such as yours because people with health issues of any kind are so often ignored by the system.

 

Write to your MP as a matter of urgency asking them for help with this.

 

Report the original creditor or DCA chasing this to TS and the OFT stating that you have health problems and felt psychologically harassed in to admitting this claim.

 

Good luck and best wishes,

 

BB.

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Pinky69

Pinky69

Posted
Posted

I think all you can do is submit your medical letter with the Appeal. However, my understanding is that it wouldn't be enough just to say you were on meds and had an "off" day. I think in law the proof needs to be that you completed the N1 whilst the balance of the mind was disturbed ie you were mentally ill at the time and didn't know what you were doing. That would have to be confirmed by a psychiatrist so if you wanted to go down that route you would have to ask your doctor to refer you to a psychiatrist for a report for the court. Of course, the psychiatrist might not agree you were ill at the time, just confused, and I doubt that would meet the standards of the court. for proof that you didn't know what you were doing. Pity you hadn't waited until you felt better or asked someone else to complete it on your behalf or check it given that you were having an off day. I would discuss it again with your doctor.

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Von Greenbach

Von Greenbach

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The judge should have looked seriously at the medical evidence supplied. If it were me I'd go to the next hearing with a copy and explain or get someone else to explain for you the circumstances surrounding this :-x

I tried to explain during my hearing about my medical condition, and requested to the judge to look at it, he just ignored me.

 

I stated I suffer with panic attacks and said I was starting to panic, again, he just ignored me.

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babybear39

babybear39

Posted
Posted

I see what you're saying Pinky but surely the court has to take in to account such evidence, especially with a vulnerable person?

 

VG, do you have a psychiatrist at the moment, if so, ask him/her to provide a letter for you.

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babybear39

babybear39

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Posted
I tried to explain during my hearing about my medical condition, and requested to the judge to look at it, he just ignored me.

 

I stated I suffer with panic attacks and said I was starting to panic, again, he just ignored me.

 

It makes me sick reading your post :(

 

Vulnerable people have rights and should not be ignored :mad:

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