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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
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Basa48 v Tesco


basa48
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because no one has posted on it for the last 4774 days.

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Please click the "Report " link

 

at the bottom of one of the posts.

 

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Start your own new thread

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Thanks

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What they have sent is unenforceable, the first document with your signature is an application which does not contain the prescribed terms. The second document although it does have the prescribed terms does not contain your signature, or indeed anywhere to sign anyway :rolleyes:

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Can you scan & post the DN too?

 

Thi is driving me crazy...I've edited the pic to remove personal data and reuploaded. The image is correct now but everytime I post the link it puts the pic with my info up????

 

Got the right pic up at last (had to rename everything) :mad::rolleyes:

Edited by basa48
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Can you scan & post the DN too?

 

I'll have to do that tomorrow.

 

 

I have issued a claim through my local court against Tesco citing s.59 & s.61.

 

Car2403 doesn't like s.59 and now I feel decidedly unsure and will not use it if it goes to a hearing.

 

My main concern is that whilst I asked for a specified sum in return of default charges I also asked for DN removal (DPA s14) and damages (s13) at the discretion of the court.

 

The court issued the claim as a fixed amount claim. How do I get the additional damages and DN removal if I get judgment by default??

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Thi is driving me crazy...I've edited the pic to remove personal data and reuploaded. The image is correct now but everytime I post the link it puts the pic with my info up????

Thats probably because it's in your 'page archive' on your 'puter.

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Thats probably because it's in your 'page archive' on your 'puter.

 

Yeh .. I had to rename the edited file (I had just saved it as the same file name). OK now. Cheers.

 

OK way past bed time, up for work at 06:00 am !!! :eek:

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Can I join this thread please ? I have just been terminated by Tesco. My minimum payment crossed in the post with their notice of termination following a default notice. There is no going back and the interest accumulates. I was pretty upset and said well if the interestwill just continue to be applied to my account I am not going to be in a hurry to pay any more money. The will eventually give it top a DCA> My question is - will interest continue to be applied if it goes to a debt collector, be it an in-house one or not ? My copy agreements are quite similar to Basa48's buit I do have a copy of a signed (by me) Credit Card Welcome letter - 3 pages -where on page 1 it states ' Thank you for using our website to submit your application etc' and on page 3. I hav, Incidentally page 2 contains the e signed the box which states 'this is a credit card agreement agrrement. Sign only if you want to be bound by its terms'.

Incidentally page 2 contains 'key financial informatiom, other financial information, interest rates and key information. - exactly the same as your posted one.

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Hopster if you start your own thread & if possible post up copies of both the agreement & the default notice we'll have a look for you + it won't confuse things advising two people on the same thread. ;)

 

Two problems here.

1. I have forgotten how to start a thread and 2. I don't know how to post up the copies. If it straightforward I should be able to do it.

 

I really think I need your help.

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Scroll to the bottom of General Debt Issues - The Consumer Forums & click 'New Thread' and a new window will open.

 

If you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy and paste the URL back here we'll be able to see them.

 

On the Tinypic page left click the 'choose' button & a seperate window will open, choose which file you want to upload and left click 'open', the window will close then left click 'upload now' button. Your document will upload to tiny pic & the page will refresh giving a list of links. Just copy & paste the Url link back here & we'll be able to see it. ;)

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I can't answer that I'm afraid, have you tried the legal forum?

 

I'll try that. Incidentally Tesco have until tomorrow to acknowledge my claim.

 

I actually doubt they will, but you never know. I expect they'll wait for the default judgment then apply for a set aside, just to prolong the agony. :x

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Update:

 

Tesco did NOT acknowledge and my request for default judgment went in today.

 

This is the second creditor to not acknowledge !! Is this common practice? I assume they will apply for 'set aside' once the judgment is in.

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A lot of them think they're poker players, but fold at the last minute.

 

I'm not sure how long you (they) have after a judgment before a set aside is no longer permissable.

 

PS: Just spotted your 'location' in your sig. panel......LOL :lol:

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Need some advice:

 

After the defendant (creditor) did not acknowledge my claim by the due date I returned the request for judgment shown below. I sent ONLY the bit edged in red (i.e. not the Notice of Issue at the top). I hope this is right.

tescoreqforjudgmentimg.jpg

The court advised me it wont be registered on the case files until the judgment is made in about two weeks.

 

In my claim I asked for return of default charges (specified), declaration of unenforceability, removal of DN and damages (unspecified) for the DN.

 

I assume the judge will set up a disposal hearing. But I also assume the defendant will apply for a set-aside. Can I challenge a set-aside?

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  • 1 month later...
  • 1 month later...

OK not Tesco as creditor, but I have another creditor against whom I have a default judgement. They didn't pay the claim and now some 8 weeks after the judgement have applied for a set-aside!

 

I have already written to the court with brief details of my opposition to the set aside. The hearing is due in around 3 weeks.

 

The court manager suggested I write in with my opposition about 2 weeks before the hearing, quote: "so there are no surprises". I have prepared a full witness statement of my case together with a bundle of evidential documents.

 

  • Do I just send it into the court (copies to CCC sols of course) or
  • do I have to make a formal N244 application (with fees) or
  • just wait for a response (if any) to my earlier statement or
  • just turn up at the hearing with my stuff?

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  • 11 months later...

Well things have moved on since my last post.

 

Tesco actually coughed up my claim monies.8-) However their DCAs are still threatening court action for the full amount on the account.

 

(I stopped payments ages ago, they have issued a valid DN and TN).

 

Carters are the latest to put the account on hold whilst they referred back to Tesco for 'further instructions'.:violin:

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  • 5 months later...
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