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    • Do you intend to revise this thread's title assuming Labour win the general election?  
    • quite usual for couriers to swap parcel contents, though it could have been done by someone at the 1st address before it got to where it should have .... ebay. just to clarify as you seem to be not understanding/reading some posts correctly.   you should always ignore a dca totally unless you ever get a letter of claim in the post. you never ever ring a DCA.. they LIE. no!! no!! they dont own the debt, their txt says our client ebay. only the OWNER of a debt can take you to court. and ebay dont do court. i find it quite amazing that you have numerous threads about ebay/paypal regarding issues since you joined in 2011 but have never read any of the advice previously given. dx    
    • so where are the one with this HMTL link? and when were they sent.? pdf's merged and properly named. dx  
    • Hi Just had a wee look at your PDF and nothing really to add. Now as for the Court Fees if these are in there Claim then that is for the Judge to decide whether they accept the recovery of Court Fees in the Claim. If recovery of Court Fees are not in the Claim and they try to recover these via your deposit then you dispute this with the Tenancy deposit scheme your deposit is protected in and point out these costs should have been in there Court Claim which they failed to do and is there error.  
    • The postcode is an important point. You cannot be in two postcodes at the same time and the contract only covers the F area and not the E area where Met placed your car. See there is some   advantages in with idiots.🙂 The other fact about the electric spaces is that as you are not allowed to park there, the sign is prohibitory so cannot  offer a contract anyway. and another biggie in your favour is you were not the driver and the PCN does not comply with PoFA. I had another look yesterday at the PCN and there is another error since it does not say that the driver is responsible to pay the charge during the first 28 days. Schedule 4 Section 9 [2][b] (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; so that is another nail in their coffin and it s something I would include in  your WS since that is one that every Judge would accept as a failure to comply. As far as their WS is concerned some of them leave it to the last minute to prevent Defendants being able to counteract their claims. However if they leave it too late [ie after the stipulated time] you can email yours to the Court on the last day and complain at the bottom of your WS that you have not received it and therefore you are asking the Court not to accept their WS. In your case it isn't that important since you have a virtual walkover in Court. I would be surprised if they don't concede beforehand. It is a lost cause for them. Not that I would advocate parking in their electric bay in future with a petrol driven car again.🙂
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      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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CCJ / charging order on property


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I am very much hoping that someone may be able to help me and my husband who are very worried and do not know what to do next.

 

My husband (D) and i own our home which we have a mortgagr on. D has a number of debts to banks / loans / credit cards / inland revenue etc. In total these would come to appox 30 plus thousand pounds. He has become increasing depressed over the last few years as a result and this year has tried to committ suicide on 2 seperate occasions. D has worked all his life in the building trade and due to the downturn has been out of work for several months. My income justs covers the bills. On paper we have more going out than coming in. D has ignored letters from debtors on and off for sometime. Prior to being out of work he set up arrangements with some of them but when he lost his job let things slide again. In Sept this year we contacted Payplan and they advised us to complete an income and expenditure form and write down all the debts. We did this and sent a copy of this to all of the people D owed moeny to except the inland revenue and a company that were already in the process of taking him to court. We offered all parties 1 pound per month which payplan said was the minimum we could offer. Since this time we have sent a letter and cheque to each company each month. Not one have said they will accept this amount. One company has said they want 20 pounds per month or they will take us to court (they want a response by the 29th. The company that was taking D to court origianlly have had a CCJ issued after D sent the paperwork back late and to the court as opposed to the claimant. we have since received a letter from the claimmant and the land registery saying they want a response from us by the 29th of Dec and they intent to go to court on the 2nd of Jan to have an order placed against our property. The is the same company that want D to pay 20 pounds per month on another of his debts. D is very worried and clearly this is having a detrimental effect on his already fragile mental health. He struggles to open mail and speak with debtors on the phone due to how anxious the whole system makes him feel. We dont know what to do. We went to the CAB and were told that due to my earnings we were unable to get legal aid and that they could not help us further. We dont know what to do. we would appreicate any help anyone may be able to give us.

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Hi, and welcome to CAG. You will get lots of help on here so please don't give up.

 

Firstly I am shocked that the CAB said you couldn't get help. I suspect you saw a solicitor who is legal aid funded and I know that legal aid for debt help is a pittance which is why most solicitors aren't interested.

 

We need to know what the debts are made up of and who is owed what. The Inland Revenue won't go away but the rest just might. I have a CCJ from the Revenue which I pay £30 a month for. They took me to court but the payment was fixed by the court and it is not a problem now.

 

The charging order is the first thing you really need to deal with. You say that they got a judgement but you were trying to defend it. It is not too late to get the judgement set aside, but you really need to act fast. You need to ask for the charging order to be adjourned as you are applying for the judgement to be set aside.

 

Which gets us back to what the debts actually entail.

 

If a creditor does not have an enforceable agreement they cannot pursue the debt. Depending on what your debts are this might help you.

 

The other question is how much equity do you have in the house? And when you bought it who paid the deposit, and is the mortgage in joint names? It might be possible for your hubby to go bankrupt and for you to keep the house.

 

Do not give up.;) I will help you as much as I can, having been in a similar situation myself, and so will other peeps on here.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Hi Madge,

 

I only joined this group a week ago and I have been amazed by the amount of information I have found. It's also amazing how much better you feel when you realize that there are thousands of us in similar situations. Before I went on the group I felt so isolated about my debts - a few of my friends have similar financial issues, but most are okay so it's not something you discuss with your friends. I was made suicidal by AIC, a debt collection agency (DCA) so I completely understand how (D) is feeling. See where you might be able to reduce the debt. Writ

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continued ...

 

Write for the CCAs of any credit cards. Several of mine don't actually have enforceable agreements, although I've just started my fights with them.

 

You are not alone. These B******s aren't worth dying for - even if they make you feel like that.

 

Take care.

 

DD

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The letter you send to find out if they have a CCA is letter N from this thread:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

Send them £1 but not with your hubby's signature - yours is OK or a postal order. Cheques are better cos then you can prove they cashed it, but we wouldn't want them to reconstruct an agreement using Photoshop or anything would we:eek:

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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