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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Whos won money from FD?


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Hi. Im reading through loads of threads of people in the same position as me... in the middle of claiming against FD but am finding it difficult to find actual success stories (though I know they are many out there somewhere). Ive just received a letter from DG Solicitors offering me half of my original claim and Im now in the position where Im wondering which way to turn. I therefore thought a thread detailing brief stories of how people succeeded would be in order, to help others like me. Ok, so who's first to boast of their success????? .............

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Hi. Im reading through loads of threads of people in the same position as me... in the middle of claiming against FD but am finding it difficult to find actual success stories (though I know they are many out there somewhere). Ive just received a letter from DG Solicitors offering me half of my original claim and Im now in the position where Im wondering which way to turn. I therefore thought a thread detailing brief stories of how people succeeded would be in order, to help others like me. Ok, so who's first to boast of their success????? .............

 

I got my money back after the very first letter (but it wasn't for a lot of money). Do not accept anything less than what you've claimes for.

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OP - have a read of my thread. I started my claim as a complete newbie and had no knowledge whatsoever other than what I've learned from CAG.

 

The link is in my sig, below...

 

good luck!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Hi

i had an offer from FD for half my claim .........i refused it and within 2 days they offered the full amount

hang in there not long now:razz:

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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Yes thats the one.......just send a letter refusing the offer and like i say within a couple of days you will recieve a full refund

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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I sent a letter back last week so they should have had it by now. tried to call her for the past two days to check she has had it. ive left a mesage now asking her to call me at 2.30 ...........i really dont think she will

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What letter did you send? was it a offer refusal?

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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I know a lot do that but i just refused the half offer.............you will get the full offer if not tomorrow by weekend im sure

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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We sent our 1st letter to FD on 19 July, we received a cheque this morning for £706!! They have deducted £80 in interest that we also asked for, but we are just so pleased with their promptness (in comparison to other banks and CC companies) that we agreed to take the money.

Successes:

First Direct £706 paid in full 28 July 2006 (within 40 days of 1st letter!!)

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I Won! £691.50 Settled In Full After First Letter!

FD £691.50 SETTLED IN FULL £691.50 :D

FD CREDIT CARD £75, SETTLED IN FULL £75 :D

MBNA CREDIT CARD £1784 SETTLED IN FULL :D

BARCLAYCARD . . .£500 BACK SO FAR . . NOW OFF TO COURT FOR MY OTHER £1200

 

PLEASE BE AWARE . . .MY OPINION IS JUST THAT . . IF IN DOUBT SEEK QUALIFIED LEGAL ADVICE x

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