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    • 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.
    • 2. Is correct disregard 1. You must attend ad per the order 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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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Ruthbridge Ltd ~ Scary Dary....


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Hi, newbie here :waves:

 

We received the "Please call this freephone number with this reference number..." letter addressed to "The Occupier" and I am so glad I googled before I phoned.

 

We sent the "We do not acknowledge any debt..." letter last Friday and by Wednesday this week just gone we had a reply for a tenant from AT LEAST 3 and a half years ago! My partner sent it back to the return address and marked it "unknown at this address" and that was that. They don't have our names and they don't have our phone numbers.

 

What I'm concerned about is the fact the first letter that was left didn't come in an envelope so I'm thinking it was hand-delivered. Are these people likely to call again? I know I'm under no obligation to answer my door or indeed engage in any kind of conversation at all but we're having some really hot weather and I don't wanna live with my doors and windows closed! (which I did by the way whilst waiting to find out just who they were looking for). I fear for my children really. I don't want them seeing mummy stressed and upset and the rest of it which is what will happen if I get a visitor.

 

anyway, thank you for reading. I have learned a lot reading these forums today.

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Some DCAs send postcards which are designed in such a way to appear as if they have been hand delivered. It is very rare to get a personal visit particularly this early in their 'tracing'.

If they do continue to pursue, make a complaint to Consumer Direct;Consumer Direct - Contact us they will redirect you to your local Trading Standards. Also make a complaint to the OFT; The Office of Fair Trading: Contact us

 

email the OFT at [email protected]

 

In the highly unlikely event that you do get a visit, keep calm you are not the one they're after. Tell them firmly that you are not the person they are looking for nor do they live at your address. Inform them that they are now tresspassing and to leave or you will call the police. Make a note of the vehicle they are using & it's registration.

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