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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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virgin media ahhhh...


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I am at the moment buying my first house and am in rented at the moment. The properly I am in had virgin already installed and we had no choice but to go with them as the home owners didn't want a sky dish on the property. Fine I said and set up virgin to start for television, phone, broadband etc etc. Found the service quite expensive compared to others but needed the services and had know choice. Now I have brought my own house and due to move next week and thought that would stay with virgin in the new house until contract runs out in april and then re assess.

On informing virgin of the move they said that was fine but when I moved I would be tied into a new contract for another 12 months from then.

I was quite anoyed by this as yet again my choice has been taken away.

I was informed that I could leave virgin but would have to pay up my contract.

Bit shoked that my contract works like this. They want me to be tied in again for another year when I only have 3 months left on the old contract. Advice would be gratefully recieved . laura :Cry:

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From what I understand with Virgin, whenever a change is made to your contract, whether it be upgrading a package, adding broadband, moving house, or removing a service, the contract automatically goes back to 12 months from the change. I could be wrong though if someone knows different?

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I thought you only had to give 30 days notice and were not tied into a contract, as like you, they are so expensive compared to Sky. I called recently to enquire how I would go about closing my account with them and they just stated that I needed to give 30 days notice.

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It is 30 days notice. I actually got a call from them today, saying I want to cancel as I'm not willing to pay £40 for their wireless router, and guess what? Thatnks to them calling me, I now am getting a free wireless router, upgraded tv package, with discount, all for £38 a month!

 

Back on topic, if you change any service during your 12 month subscription, it then reverts back to 12 months from the date of the change. I see what you what to do. You have three months left, and want to decide after that what to do with your contract. By the way Virgin work, it looks like, when you move, your contract starts again for 12 months from the date it gets put into your new house. I think you should call them and tell them that you were going to cancel in three months when your contract ended, and don't see why you should have to have another 12 month contract because you have moved. Say you are not willing to leave their equipment at the old address and pay for three months of services that you won't be able to use. They may do you a good deal, which obviously would entail a new 12 month contract, but you may get a decent package from them. That way, you will have the services in your new home, and hopefully at a decent package/price.

 

If you just want to cancel totally, I think you may have no alternative but to pay the remainder of the contract off, even though I think this is pretty unfair. I mean, if you stay at the original address, in three months, you can cancel your contract, with giving them 30 days notice. As you are moving into a new house, they will charge you for installation, then making it a new 12 month contract, so it's up to yourself what way you want to go about it.

 

personally, I would call and say that you want to cancel, they will ask what can they do to make you stay, and then you say, well, Sky have offered me a good deal as I will be moving into a new house, then virgin will want to retain you as a customer, so you will be able to ask them if they will install your equipment at your new home, plus, offer you a good deal on a decent package. If they say no, then it's down to you if you want to pay off the account. I do think though, they will offer you something, as they want to keep you as a customer.

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Yes I think they will want to keep you too.

One other thing worth a mention-VM have some incentives for customers who recommend another-I think its 50 quid.

So if you know someone who is on VM you could get them to name you and split the dosh 50/50 or 60/40

Just a thought.

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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