Jump to content


  • Tweets

  • Posts

    • The world's largest economy grew less than expected but rising inflation may delay a rate cut.View the full article
    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
  • Recommended Topics

  • Our picks

    • 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
        • Like
  • Recommended Topics

Thomo V LTSB


saorisis
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6447 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Morning all.

 

Top site etc. I am taking advice and starting a thread with my actions to date and intentions.

 

Sent the standard letter, fees unlawful, please repay them and supply me with statements etc. Included below:

 

"

Further to our telephone conversation today I would like to request the following information from you:

· A complete list of all charges made against me in the last 6 years from the date of this letter. Information should include what each charge was made for, exact wording please, what date the charge was made and the value of each charge.

It is my understanding that these charges are not lawful. As such I request the full refund of all unlawful charges including 8% APR interest as allowed by the County Courts Act (1984).

I look forward to your earliest response.

Best regards"

Standard letter back. You agreed to us bending you over when you signed and you have until 16th August to respond. They did send me the statements though.

 

Following up today with the 14 days or court chum. Have also included a spreadsheet of charges, dates, costs etc. Have not included any interest, only charges in full. This is below:

 

 

"Thank you for your response to my letter dated 6th June 2006.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have charged me £1981.00 in direct debt refusals, overdraft excess fees, refused cheques etc. I have explicitly excluded any interest charged to my account in this total. I am enclosing a copy of the schedule of the charges which I am claiming.

I require repayment in full of this. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus my costs and interest and without further notice.

Yours faithfully,"

 

Will keep this thread up to date through to the end. I will certainly go to court if it comes to this. There is no point in bluffing as it seems that Lloyds will always call it.

 

Good luck to the rest of you going at Lloyds.

 

Thomo

Link to post
Share on other sites

  • 4 weeks later...

So, as expected and reported by everyone else, Lloyds sent the first letter, sorry you are still unhappy, will have someone look into it. This reply can fast, 2 days after I sent the letter before action. It took them another 10 days before they sent be the sorry but you knew about the charges so it is your own fault letter.

 

I have now filled my court claim, if I can I will attach it as I have it in pdf. Can this be done? Any help with this would be apreciated.

 

I have also bought the small claims procedure: Practical guide which is a very good book.

 

I see my next two steps as being, prepare for court and prepare for negotiation. I have no intention of negotiating on the values but wish to be ready for the phone call.

 

I filled my claim using the money claim web site. A good site but oh so slow! By filling it this way I have not been able to include a schedule of charges and interest. Should I be providing this now or will this be covered in the questionaire that follows?

 

Final question, I have my case number. I remember reading that the administors would like to keep a record of the claims ongoing. Who do I send this to and do I do via PM?

 

Thanks for the help and keep up the good fight!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...