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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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    • 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.
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      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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I took out a secured loan with Welcome in Jan 04, lost my job in Apr 04 and was told I couldn't claim on PPI. Loan was paid off early in Aug 04 due to remortgage. I understand I can claim back the PPI cost, as I remember being told I had to have the PPI or no loan, is there a rough timescale, from start to finish, of claiming it back? The loan was for £2500, over 3yrs if thats any help.

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Just a quick question. My ex partner and I took out some finance with Welcome last feb (08), and after signing the paperwork in the dealers office, was a local dealer and nothing to with welcome, the page with the sigs on was faxed to Welcome in order for them to authorise us taking the car, then the actual paperwork was posted to them.

Now, the paperwork we got through the post relating to the agreement, and subsequent requests,have all been copies of the faxed page, complete with date of the fax transmission, we never got to see actual copies of the originals, just the fax, almost as if the originals were lost in the post, or not posted at all!

Is there anything wrong with this? Numerous times in the past I've asked for a copy of the documents, not the fax, but no luck so far.

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how did you req it?

 

was it thru cca request or just asking for it?

 

ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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Hello kregrs,

 

I took out a secured loan with Welcome in Jan 04, lost my job in Apr 04 and was told I couldn't claim on PPI. Loan was paid off early in Aug 04 due to remortgage. I understand I can claim back the PPI cost, as I remember being told I had to have the PPI or no loan, is there a rough timescale, from start to finish, of claiming it back? The loan was for £2500, over 3yrs if thats any help.

 

I managed to claim back to 1997 but against RBS and Direct Line Financial Services. Not sure how you will stand with Welcome but I would send a Subject Access Request to get all of your information and take it from there.

 

Please see these links which may help you decide on a course of action.

 

For claims before 2005 and the FSA ruling from which campaign

How to tell if you’ve been mis-sold PPI

 

Quick check: were you mis-sold? - How to tell if you’ve been mis-sold PPI

 

Another useful site to help you reclaim missold PPI UPDATED 16 JUN 08

Reclaim your PPI premiums - payment protection insurance | This is Money

 

Another Useful article on Single Premium PPI and why the FSA say it was unfair.

Payment protection insurance (PPI) – Refunds of single premiums : FSA Money made clear – Unfair contracts

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Will look into it, but what would be the outcome if I asked them to disclose it, and yet again they supplied the fax copy? I remember asking, on the phone to them once, for a copy of the agreement and not the fax copy they'd sent me, and still all I received was the fax copy.

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  • 2 weeks later...

Well, now have the agreement to hand, after simply calling in to their office and asking for it. The element I'd been concerned about, as in the fax copy, after looking at it again, seems that we never could have signed an original copy, as the piece of paper with our sig's on, while being a fax copy, is actually dated from 2 weeks before we signed it! So I'm guessing that maybe the original was never to hand when we signed.

So I guess this disclosure thing might be a good idea???

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  • 2 weeks later...

Quick question. If all goes to plan and the agreement is declared unenforceable, what happens to the car? If I get to keep it, could I get it removed from the HPI register?

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Correct but labour disgracefully, & at the behest of their friends in the city, still revoked 127 claiming it was a breach of the creditors human rights. They forgot one thing (or should I say deliberately overlooked it) a firm does not have human rights only an individual

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