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    • I have posted the letter off today - sent recorded delivery, so should get to the Police early next week. I also walked along the street where this happened and checked if there were any CCTV cameras or video door bells in that section of the road, but could only find one. I talked to the owners of the house with the camera but they say it is set to only cover the area leading up to the house and not really the pavement or road and footage also auto deletes after 72 hours, so anything captured would be gone now. That was disappointing. I walked along the road a bit more, but couldn't see any other video door bells or CCTV, so that didn't help.  I always thought most people have at least a video door bell these days but not in that road... 😐 So came home a bit disappointed.  If anything else happens I will post an update here, but may not be for a week or so. Not sure how long this will take now.
    • Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option but to call them. Why can't they just be straightforward with their Communications? Is there any other option other than calling them?   TIA.
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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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Claim form Received today


darcus
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Hello peeps

 

Not a word from Halifax or their debt collectors... They had said that they would deal with the 'complaint' no later than 29/04/2009 which has now passed, and nothing at the courts, so does this mean I can apply for a stay on the account?

 

thanks

d

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I suggest you contact the court and ask if HBOS responded to your defence. If not, ask if the claim has been stayed. Don't bother with the Haifax complaints team.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Hi

I managed to get through to the court today and they have not received the defence and have confirmed that the case has been stayed.

 

I'm going to read up next on what to do next with stayed cases. I think it's good, but not sure...

 

Thanks for everyone's help so far, I'm sure the fight has only just begun...

 

d

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  • 2 months later...

hiya any updates on this ??

 

as ive had my first northampton claim today and thus im following your thread and its helped heaps thanks to all

 

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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  • 5 months later...

Any updates to this thread?

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

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  • 1 month later...

HI

 

sorry for no updates, I had a stint in hospital for some time and am back well now.

 

I haven't heard anything from them at all. They take the £1 a month and I am happy to proceed with that for now. I want to pay more, but will need a better job to do that...

 

thanks

d

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  • 5 weeks later...
  • 9 months later...

Hang on. I've got to ring my storage copany to get the defence I drafted out of the long term vault. Its that old.

 

What excuse did HBOS give to the court?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Hi Darcus

 

I've now re-read the draft defence. I don't see any problem knocking out the bank's SJ application. They are just trying it on. When you have it, can you post up a copy of their application. You will have to submit a witness statement challenging their application which is why you need to post up what they are telling the court.

 

Doc

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Hi Docman,

 

The solicitors sent me the following:

 

1. A Notice of Transfer of Proceedings

2. A General Directions Order:

"The judge orders that

 

The application to lift the stay and transfer is granted

 

This order has been made without a hearing under the Courts case management powers contained in the Civil Procedures rules Part 3

You may within 7 days of the service of this order, apply to set aside or vary the order under Part 23 Rule 10

You must fule with the Court, and serve on the other parties an application that sets out you reasons for the objection. A fee is payable upon the filing of the application.

 

3. A Notice that a Defence Has Been Filed

 

Stating an allocation questionnaire is enclosed which contains notes for guidance on how to complete it.

 

4. An Application Notice

...they've spelt my first name wrongly.

...under section 3:

"1. lifts the stay on the proceedings

2. Extends the life of the Claim

3. transfers the Claim to the Defendant's home court

 

as the Claimant wishes to proceed with their Claim"

...under section 10, the evidence they give to support their application:

"The Claimant allowed the matter to stay whilst the Claimant responded to the Defendant's request for a copy of the agreement submitted under the provisions of section 78 of the Consumer Credit Act 1974. The Claimant has now complied with this request however the Defendant has made no further contact. The Claimant now wishes to proceed with the Claim therefore we respectfully request that the stay is lifted and the matter transferred to the Defendant's local court. We apologise for the delay in making this application"

 

Then this morning I received a copy of the Claimant's Allocation Questionnaire which has been filed at Court.

1. Under section D - Case Management Information:

Amount of claim in dispute : £##,###.##

Witness name: Representative of the Claimant

Witness to which facts: All the facts in dispute

under TRACK - they have selected FAST TRACK

2. Under section E:

They have stated it will take 3 hours for the trial or final hearing.

3. Under section G: Costs

They have put in some figures

4. Under section I: Further Information

They have stated YES under "Do you intend to make any applications in the immediate future?"

and stated "Application for Summary Judgment under Part 24 CPR"

In the space:"If settlement is not reached during the stay period the Claimant intends to apply for Summary Judgment"

 

That's all there is!

Shall I call them and ask for a settlement amount? I can't afford much as my income is still very low and for the first time in my life I am in receipt of working tax credit.

 

Thank you in advance for all your help.

D

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Have they actually sent you a copy of the signed credit agreement that contains all the terms prescribed by the Act?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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No, as far as I am aware, I didn't receive anything beyond that agreement and a bunch of statements, but this was before the stay. They pretty much left me alone after the stay was granted.

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