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    • Apologies dx100uk  I did not put the answers in red  Thank you all for your patience. H
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? Overdales solicitors  How many defendant's  joint or self ?  Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account 4546384809766042. The defendant faild to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. The dbt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  Online but it was for a smaller amount they kept on increasing this with me asking Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor?  Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment?  May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
    • what device are you using? copy all the questions then come here to this thread and paste them. then answer each question click on red give answers here. when done  hit submit reply bottom right.  
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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My job at stake


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I have no legal experience, but personally I would get in touch with the clamping company and make a complaint about the clampers. Complain about their abusive language and let the employers know that they have made malicious allegations to cover up their own abusive behaviour.

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Just a quick update.

 

Had my hearing, the guys that sat in were actually a little bemused as to what I had done wrong.

The clampers complaint seems to centre around a funeral parlour whose back door is in the car park, they were saying I was blocking a hearse that came to take a coffin to a funeral.

After showing them the picture I had taken of the car park and where the funeral directors back doors were in relation to my truck, they couldn't understand the complaint.

In fact, the hearse was easily able to enter the car park, pick up the coffin and leave, all this while the clampers were dealing with me.

 

Now sat at home waiting to hear from my employer.

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Indeed Tiggs,

 

Hope this goes well for you Steavyd.

 

Lex

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Ditto the above. I will keep my fingers crossed for you.

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Excellent result Steavyd.

 

Now is the time to ruin someone's Xmas at HFH with a letter of complaint :rolleyes:

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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I would write to the clamping company asking for the details of the crew that clamped you - tell them that you are consulting with your solicitor regarding a claim for defamation due to unsubstantiated allegations made by their crew which caused you to be suspended and in fear of losing your job.

whether you intend to go down this route or not (or even if you can, although I suspect as your losses were minimal you would get very little) it might make the people concerned sweat a little.

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Fantastic news. Glad that your employer has dealt with the matter quickly.

 

Now have a good Christmas!

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hi steavyD

 

glad to hear that common sense prevailed in this matter.

 

now, i would seriously consider sending a letter of complaint to the clamping company in question, not only because of what has happenned, but because the guy that clamped you was threatening and abusive, and thus by doing that he is contravening the agreement he has that allows him to hold a valid SIA permit.

 

id send a letter like this... (i do so love writing complaint letters :D )

 

 

Dear sir or madam.

 

I am writing to you today to make an official complaint regarding an incident on (insert date here).

I am employed by (your employers name) as a delivery driver, and on the day in question, having completed a delivery to one of the local businesses, I decided to take my break.

Having parked my van in a valid parking space, I called at a local shop to get somthing to eat, however when I returned I found that employees of your company had clamped my van.

Your employees were extremly rude and agressive in their demeanour towards me, and, although the release fee was paid promptly by my employer, your employees continued to be aggressive, and after removing the clamp, one of your employees stated that, quote "this will cost you your job".

Subsequently, a complaint was made about me to my employer, citing that I had blocked an access route to a funeral directors, I in fact had not, and I have photographic evidence to prove this. Having consulted with my employer over this matter, the complaint was quite rightly disregarded, however during the course of the investigation I was suspended from work, and this caused me a lot of worry.

 

As i am sure you are aware, in order for someone to work for a clamping firm, they are required by law to hold a valid SIA liscence, and one of the conditions of this is that the holder should not be aggressive or intimidating towards members of the public, your employees seem to have disregarded this in their pursuit of this matter, therefore after taking advice, i am seriously considering mking a formal complaint to the SIA authority, however before doing this i would prefer to settle this in an amicable manner.

Although i have not been made out of pocket by the suspension from work, i would like an official and sincere apology from yourselves, along with the names and SIA registration numbers of the employees who were involved in this incident, so that should i wish to take this matter furthur with the relevant authority i can do so.

I look forward to your written reply.

yours sincerely

 

(your name)

 

 

you could also add a P.S and state that the employee kidnapped your first born son, set fire to your hous and sodomised your dog too ;)

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lol, no problems matey.

 

I found this on the SIA website, its a brief description of the terms and conditions for being an SIA licence:- SIA conditions of licence, i cant find the exact bit on the SIA website where it describes the code of conduct, although i wouldnt be surprised if the company has some sort of customer care policy that states that employees must not be ar*eholes etc...

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