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    • I was advised to ignore the paploc by a solicitors who said it was a fishing excercise and to answer them would be removing a big weapon in defeating that of time and demanding information within certain limits. im no lawyer so dont know if that makes sense or does not.
    • We’ve all ignored and I know people who’ve been back for years longer and always ignored and nothing has ever come of it 
    • I received several letters from J&P which were just ignored, but now I've received the same paploc Eve appears to have. As it stands, I'm looking to complete & reply as per the oft-referenced thread #5. After reading a few comments about ignoring and nothing progressing from J&P side, I'm intrigued whether they were just general 'please contact us type letters' or letters of claim/paplocs?  I realise for some it's a personal decision or based on advice, but given advice on here is not to ignore paplocs, what was the reasoning to ignore? 
    • Afternoon All. I have today received a court order requiring me to send them more details before 16:00 on 8 July. A copy of the order is attached, but the relevant paras seem to be: 2 Send all of the documents that are relevant to your case to the court at the above address, also send them to the other side. Both parties must do this. These documents should be placed in date order and should be numbered in the bottom right hand corner. You should include the following documents if available: •       A copy of the contract/agreement •       Relevant correspondence, including text messages and emails  Photographs Before 4pm 08 July 2024 3 Send to the court and send to the other party your own witness statement and also witness statements from anyone who can give relevant evidence about your case. Both parties must do this. A witness statement must •       have the court case number at the top •       start with the witness’ name and address •       it must contain numbered paragraphs and should be typed and double spaced. If not typed, it must be written clearly in block capitals or printed. •       finish with the words “I believe the facts set out above to be true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth”, the date of the statement and the person’s signature. The original statement must be sent to the court and copies must be sent to the other side. Before 4pm 08 July 2024 I'm a little confused by para 7 in the order : Because this order has been made by a Legal Adviser without a hearing, you have the right to request that the decision of the Legal Adviser be reconsidered by a District Judge. Any request must be sent to the court to arrive by 4PM 12 June 2024. The request may be made in your online account, by email or on paper. The request must include an explanation of why the reconsideration is sought. Is this normal? Do I have to do anything with this by 12 June? As ever, many thanks    527MC352-claim-direction-order (anonymised).pdf
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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.
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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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can anyone help please


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I had an overdraft with Rbs.They closed the account and as I couldn't pay overdraught off they passed it on to Triton. The amount was £1,400 and for the past year and half I've been paying £30 per month. Recently I got a letter from them wanting a higher payment and the amount outstanding was higher than the original £1,400. I phoned them and they told me that my payments weren't enough to cover the charges every month. Is this right for them to do this? I receive incapacity benefit fortnightly and DLA this is my only income. I can bearly afford the £30 as I have other debts and these are also taking charges. Any help would be appreciated.

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Hiya,

 

First thing is to send a sar to RBS to get your statements to reclaim back any unfair charges and interest

 

 

have a read around the bank forum

 

http://www.consumeractiongroup.co.uk/forum/#consumer-forums-center-bank

 

and the scottish procedure:

 

Scotland - The Consumer Forums

 

 

and because of your situation you may be able to apply via hardship

 

Hardship applications - The Consumer Forums

 

don't ever call them.

 

just keep paying what YOU can afford and keep everyting in writing

 

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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A letter ive got states that the bank is commited to treating customers in trouble in a sympathetic and positive way :rolleyes:.

 

They will be hammering on charges and interest

charges around £40 and interest about £15-£20 per month = very positive for them.

 

When did they pass the debt on and did they send an ACCURATE DEFAULT NOTICE :D

 

you can private message me if you want or look at other threads with TRITON

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please try and keep any advice in the forums for others to see and to ensure correct advice is beng recevied

 

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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No default will be issued in the case of an overdraft

 

Found this on a bank webpage

 

A Default Notice Fee will be payable if we need to serve a default notice on you (for example, if you fail to repay your overdraft on demand or we wish to enforce any security we hold). This is in addition to any other charges that may apply.

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  • 2 weeks later...
No default will be issued in the case of an overdraft

 

 

We received a default from First Direct for a small unpaid overdraft before it was sold to a DCA

 

With all of our RBS accounts they issued a Default pretty quickly before passing to their internal recoveries department.

 

But surely if RBS closed and sold the account then no more charges and interest can be added. Or is this a new RBS ploy?

 

I would also phone the Finacial Ombudsman about this, as this seems like unfair business practice. With only incap benefit and charges and interest being added you have no chance of ever repaying this. The FOS advisor will tell you on the phone whether they can intervene in your case or not. RBS usually respond very quickly to the prospect of the FOS investigating.

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