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    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? Appreciate any assistance - Thanks for reading. Al.  
    • its not a good thing or a bad thing its ongoing. mines gone the same route. these new notifications are equally meaningless.
    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
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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.
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Cl Finance/howard Cohen/barclaycard ***WON***


shammy36
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Hi All,

Update on the c l saga.

 

Rang the court today as c l had until the 20th of this month to comply with the unless order.

 

The clerk said that nothing had been filed , but refused my request for a strike out.

 

I have now faxed the court requesting a strike out , and also sent the same request by next day recorded delivery.

 

Lets see what happens now then :rolleyes:

 

regards sham

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Hi All,

Update on the c l saga.

 

Rang the court today as c l had until the 20th of this month to comply with the unless order.

 

The clerk said that nothing had been filed , but refused my request for a strike out.

 

I have now faxed the court requesting a strike out , and also sent the same request by next day recorded delivery.

 

Lets see what happens now then :rolleyes:

 

regards sham

 

Nothing new here then eh shammy:rolleyes:

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hi All,

Update on the c l saga.

 

Rang the court today as c l had until the 20th of this month to comply with the unless order.

 

The clerk said that nothing had been filed , but refused my request for a strike out.

 

What exactly did your unless order say?

 

Mine said that the claim would be struck out without further order if they failed to comply. So when they didn't it was automatically viewed as struck out when the deadline passed.

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Hi Blueboy,

 

Yes mine was the same as yours , but sometimes they wont strike it out until you request it by fax or letter , so they can put it in front of the judge.

 

Its wrong i know , buts thats how some of them do it :rolleyes:

 

Regards

 

Sham

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Hi Blueboy,

 

Yes mine was the same as yours , but sometimes they wont strike it out until you request it by fax or letter , so they can put it in front of the judge.

 

Its wrong i know , buts thats how some of them do it :rolleyes:

 

Regards

 

Sham

 

If it says "struck out without further order" then it is struck out, the court staff don't have to do anything - it just happens automatically under the unless order (which in effect also becomes a strike out order).

 

They said they'd send me something official (which they haven't) but they were very clear that the claim was officially, 100% and definitely struck out and that to take it any further the claimant would have to apply to the court for the claim to be re-instated (and they reckoned the chances of a judge allowing that were 0.0001%).

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Just a word of caution here.

 

I applied for a strike out - nothing to do with anything here. I had a letter from Idiot Court telling me the Claim had been struck out, but they did not remove it from the List. They wrote to the other side saying their Claim had been struck out. They then applied to have it reinstated and it was heard in my absence because no-one at Idiot Court told me, and I received a Judgment against me. Can you believe it?

 

Anyway, I applied to have it set aside and now have to go to Court for a hearing. I hope I will be okay but the other side has told soooo many lies I just hope the judge sees through it.

 

Do always call the Court and make sure it has actually been removed from the List.

 

DD

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  • 3 weeks later...

Hi All,

 

Another update.

 

Rang the court this morning and guess what ?? My request for a strike out letter is still in front of the judge !!!!!:mad: i think sombody should check his pulse and see if the old duffer is still alive.

 

To cheer me up c l sent a rather nice letter this morning offering me 50% off my "debt" if i settle before next week. yeah right:roll:

 

Sham

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Hi Sham,

 

I would keep calling the Court and writing (personal delivery if you can get there, or recorded delivery if you can't) pressing for the strike out. As I posted above, some of the Courts are absolutely useless and always seem to give the 'baddie' (whether creditor or debtor) the benefit of the doubt.

 

DDxx

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Hi All,

 

It sure took its time , rang the court today and coward and cl have been STRUCK OUT !!!!!!!!!!!!!:D:D

 

Can i hit these clowns for wasted costs now ? Any help will be much appreciated.

 

Big thanks to all on cag , donation will be on its way !!:D

 

Sham

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Deffo wasted costs

 

£9.85 per hour LIP rate for all the time youve spent researching on here, writing out documents, printing, etc

 

Plus costs such as paper, ink, postage

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Hi All,

 

Still a bit confused as to what to do about the wasted costs issue with these clowns.

 

Is there a form i need to download ?

 

Can somebody give me a few pointers on how to word the letter/application to the court :???:

 

Sham

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  • 4 months later...

Hi Sham,

Thanks for your comment on my thread.

We had 1 CL struck out like this, as yours was, but there a bit like a dog with a bone on the current one...

Still battling along will have to start practicing my arguements I think and hope we don't get the same DJ.

 

How did you get on with your wasted costs?

 

Regards

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