Jump to content


  • Tweets

  • Posts

    • Thank you very much for your letter in regard to the above mentioned shipment.  Due to the high volume of parcels coursing through the courier network each day, undergoing continuous processing and handling, certain packages may experience delays or even can get lost in the course of this journey. Please note that due to the time that has passed, this shipment has been declared as lost.  I have today processed the claim and made offers to the value of £75 as a goodwill gesture without prejudice. I do acknowledge that you have mentioned in your letter that the value was higher, however, you did not take out any protection to that amount. The protection for this shipment was £20 and we will not be increasing our goodwill offer any further.    Please log into your account online in order to accept our offer. Once accepted, our accounts department will process the claim accordingly. The claim payment will be processed and received within 7 working days.                                  In addition, a refund of the carriage fee will be processed as a separate payment and will be received within 3 working days.  If I can further assist, please feel free to contact me.   I have also just noticed that yesterday afternoon they sent me an email stating that "after my request" they have refunded the cost of shipping. I did not request the refund so will mention that in my letter as well.
    • Hi I had to leave Dubai back in 2011, during the financial crisis. And only now have I received a letter from IDRWW. Is this anything to worry about about as I have 2 years left until it’s been 15 years(statute barred in Dubai). Worried as just got a mortgage 2 years ago. Could they force me in to bankruptcy? Red lots of different threads on here. And unsure what true and what isn’t. 
    • Not that TOR will see this now he's thrown in the hand grenade. Rayner has plenty of female supporters on X, for a start. As for the council and HMRC, fair enough and I thought Rayner was already in touch with them. That's where it should be dealt with, not the police force. @tobyjugg2 Daniel Finkelstein thinks the same as you about tax. The Fiver theory. How the Fiver Theory explains this election campaign ARCHIVE.PH archived 28 May 2024 17:36:51 UTC  
    • Often with the Likes of Lowells/ Overdales that 'proof' doesn't stand up to scrutiny.   Think about it like a game of poker, they want to intimidate you into folding and giving up as soon as possible, and just get you to pay up and roll over, that is their business model, make you think your cards are rubbish. What they don't expect, and their business isn't set up for it, is for a defendant to find this place and to learn that they have an amazing set of cards to play. Overdales don't have an infinite number of lawyers, paralegals etc, and the time / money to spend on expensive court cases, that they are highly likely to lose, hence how hard they will try to get you to roll over.  Even to the extent of faking documents, which they need to do because the debts that they purchased were so cheap, in the first place. Nevertheless it works in most cases, most people chicken out, when they are so close to winning, and a holding defence is like slowly showing Overdales your first card, and a marker of intention that this could get tricky for them. In fact it may be,  although by no means guaranteed that it won't even go any further than that.  Even if it does, what they send you back will almost certainly have more holes than Swiss Cheese, and if with the help you receive here, you can identify those weaknesses and get the whole thing tossed in the bin.
    • So Rayner who is don’t forget still being investigated by the local council and HMRC  is now begging to save her seat Not a WOMAN in sight in this video other than Rayner  Farage is utterly correct this country’s values are non existent in her seat   Rayner Pleads With Muslim Voters as Pressure From Galloway Grows – Guido Fawkes ORDER-ORDER.COM Guido has obtained a leaked tape from inside a meeting between Angela Rayner and Muslim voters in Ashton-under-Lyne...  
  • 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

Big Overdraft - must respond to Court Claim - Please help!


Martel
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4818 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

The court confirmed Cobbetts' Application and fee has arrived and thinks the hearing will be in August. Apparently (allegedly?), I'll be notified by the Court next week.

 

Mx

Link to post
Share on other sites

  • Replies 425
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Thats why you need to check normally the AN comes from the Court with the Orders attached and time frame.They may be trying to short change you and hope you submit your WS too late.

 

Andy

 

Andy, hi, I'm in a mess on another thread 'Court Hearing 9/06/10 - Egg/Cabot/morgan v me'.

 

My solicitors dumped me only a few days ago and I'm really in schtuck - i have THREE hearings coming up - the first two with Cabot.

 

I think I somehow need to ask for a postponement but I'm not sure how best to approach this.

 

Why does this stuff always happen on a Friday????

 

Hope you're well! MXX

Link to post
Share on other sites

Hi Martel

 

What reason have they given you for "dumping " your case?

 

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andy,

 

Always so great to see a post from you!!

 

The solicitors had four claims of mine last year - they ran them past their barristers and said they'd take them on (something to do with insurance, etc.). All v pleasant and positive. The Claims were then stayed pending the outcome of the test cases. Anyway, the solicitor and I were in touch - he seemed v confident and v relaxed about the situation. Bullish, actually.

 

When I pointed out a BIG anomaly on an Amex claim, he volunteered to write a letter to Amex solicitors and blow them out of the water (never did).

 

Suddenly, my files were returned to me this week, no phone call, just an email saying my prospects didn't look good, couldn't get a barrister with insurance, maybe I'd like to pay or have legal insurance. He'd help out in the 'background'. Also, he suggested coming to a payment arrangement with the creditors (knowing full well how utterly broke I am). He's never returned my call or replied to my email.

 

I was/am stunned. And now facing two fast track hearings unprepared.

 

Anyway, I guess it's a waste of time to dwell on what happened.....but it was a shock, as we seemed to have a good relationship (and, a LOT of the work had been done , e.g., Defences filed, when his firm came on board).

 

Meanwhile, what to do? Ask for a postponement? Is that even a possibility?

And, the DJ seems to really have it in for me......

 

MXX

Link to post
Share on other sites

Hi Martel ok deep breath and prioritise.Were are you up to ie Disclosure/WS When is the hearing?I think the fact and the manner in which they have left you high and dry is good enough reason for "them" to submit an AN (far better coming from a firm of Sols as they have to state the reason for vacate)

I have not read the thread in question but what are chances of success?

An AN can be submitted (subject to time frame) to vacate and can be done without an hearing ,so will only cost £45.

 

Regards

 

Andy

 

Oh and report them to Sols Regulation Authority for good measure

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Martel ok deep breath and prioritise.Were are you up to ie Disclosure/WS When is the hearing?I think the fact and the manner in which they have left you high and dry is good enough reason for "them" to submit an AN (far better coming from a firm of Sols as they have to state the reason for vacate)

I have not read the thread in question but what are chances of success?

An AN can be submitted (subject to time frame) to vacate and can be done without an hearing ,so will only cost £45.

 

Regards

 

Andy

 

Oh and report them to Sols Regulation Authority for good measure

 

Ok! First of all, the solicitors were no win/no fee - BUT we never had a signed agreement. I have various emails and correspondence but nothing formalised (I foolishly believed we didn't need anything like that).

 

The First Hearing is this Weds., 9/6 - Cabot/Egg/Morgan's

 

The Second Hearing is 14/6 - Cabot/Amberloans/Morgan's (I haven't posted a thread on this yet)

 

I would like to think that the Solicitors are morally (ha!) obligated to file the AN for both these hearings but, despite their promise to 'help out in the background', they won't communicate with me and, technically, l have 48 hours to get the AN in. And, don't forget, the DJ seems to have a personal vendetta against me.

 

I filed a Defence but not a WS. Morgan's is up to speed on everything.

 

Chances of success? Hard to tell......the more I look into Egg, the more little potholes I'm noticing.....but does it add up to success? Can't answer that.

 

My Defence and all the Morgan's stuff (WS etc.) are on my thread.

 

HUGE thanks!!!

 

MXXXX

Link to post
Share on other sites

Ok! First of all, the solicitors were no win/no fee - BUT we never had a signed agreement. I have various emails and correspondence but nothing formalised (I foolishly believed we didn't need anything like that).

 

The First Hearing is this Weds., 9/6 - Cabot/Egg/Morgan's

 

The Second Hearing is 14/6 - Cabot/Amberloans/Morgan's (I haven't posted a thread on this yet)

 

I would like to think that the Solicitors are morally (ha!) obligated to file the AN for both these hearings but, despite their promise to 'help out in the background', they won't communicate with me and, technically, l have 48 hours to get the AN in. And, don't forget, the DJ seems to have a personal vendetta against me.

 

I filed a Defence but not a WS. Morgan's is up to speed on everything.

 

Chances of success? Hard to tell......the more I look into Egg, the more little potholes I'm noticing.....but does it add up to success? Can't answer that.

 

My Defence and all the Morgan's stuff (WS etc.) are on my thread.

 

HUGE thanks!!!

 

MXXXX

 

Hello Martel,

 

I have not read this particular thread all the way from the begining just yet, but based on what you have said here on this post, there is a contract between you and those solicitors.

 

You should bring a serious complaint against them.

 

Kind Regards

 

The Mould

 

PS. I will have a read of this thread later on

Link to post
Share on other sites

Hi Martel ok deep breath and prioritise.Were are you up to ie Disclosure/WS When is the hearing?I think the fact and the manner in which they have left you high and dry is good enough reason for "them" to submit an AN (far better coming from a firm of Sols as they have to state the reason for vacate)

I have not read the thread in question but what are chances of success?

An AN can be submitted (subject to time frame) to vacate and can be done without an hearing ,so will only cost £45.

 

Regards

 

Andy

 

Oh and report them to Sols Regulation Authority for good measure

 

Hi Andy,

 

Thanks for all your help yesterday - just wanted to let you know that I'm the case here and should have a WS by tomorrow, to send to Morgan's and Court on Monday. Am getting some solid advice here. Will get a letter from Sols, confirming they've dumped me, etc.

 

Anyway, would love to know what you think of the result - as ever, enormous thanks for all your advice and support.

 

Best,

Martel

Link to post
Share on other sites

Hi Martel,

 

Hope you are getting sorted for the hearings. Seems you are getting plenty of good help.

 

Subbing to this thread with great interest. My fight is with Cobbetts. Waiting for allocation to track at the mo. I had to vacate my last attempt to have their claim struck out. They came up with 'legible' docs at the last moment :(!

 

Their last threatogram was to say that they may apply to have my defence struck out! Deja vu! So that's why I'm subbing!

 

Good luck. Keep up the good work.

 

Costa

Link to post
Share on other sites

Hi Martel,

 

Hope you are getting sorted for the hearings. Seems you are getting plenty of good help.

 

Subbing to this thread with great interest. My fight is with Cobbetts. Waiting for allocation to track at the mo. I had to vacate my last attempt to have their claim struck out. They came up with 'legible' docs at the last moment :(!

 

Their last threatogram was to say that they may apply to have my defence struck out! Deja vu! So that's why I'm subbing!

 

Good luck. Keep up the good work.

 

Costa

 

Hi Costa,

 

Am taking a little break from m Egg/Cabot mess. Thanks for reminding me...the Court hasn't yet sent me Orders/Directions about the Summary Judgment hearing. Must find out what's going on....

 

And the 'good work' you refer to should be credited to Andyorch, Car and Magda!!

 

Good luck with everything...

MX

Link to post
Share on other sites

Thanks all,

link to my thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/263107-pumpytums-incasso-natwest-overdraft.html#post2971794

 

Acknowledgement done CPR's ready to fly

 

It's a joint account too.

 

Thanks already to Hungry for help on this thread. Very helpful on mine too.

 

Lets see what June 11th brings could be very useful for us with "fair" charges.

 

Cheers

 

Pumpytums

Link to post
Share on other sites

Hi all,

I'm now a member of the Incasso Natwest club claim arrived today, I hate Nastywest.

 

I will start my new thread in the legal section

 

Pumpytums

 

Pumpy, welcome to the other side!! I'll look for your thread shortly......MXXXX

Link to post
Share on other sites

Thanks all,

link to my thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/263107-pumpytums-incasso-natwest-overdraft.html#post2971794

 

Acknowledgement done CPR's ready to fly

 

It's a joint account too.

 

Thanks already to Hungry for help on this thread. Very helpful on mine too.

 

Lets see what June 11th brings could be very useful for us with "fair" charges.

 

Cheers

 

Pumpytums

 

Ah, WHERE is Hungrybear??? I miss him!!! MXX

Link to post
Share on other sites

Hi Martel ok deep breath and prioritise.Were are you up to ie Disclosure/WS When is the hearing?I think the fact and the manner in which they have left you high and dry is good enough reason for "them" to submit an AN (far better coming from a firm of Sols as they have to state the reason for vacate)

I have not read the thread in question but what are chances of success?

An AN can be submitted (subject to time frame) to vacate and can be done without an hearing ,so will only cost £45.

 

Regards

 

Andy

 

Oh and report them to Sols Regulation Authority for good measure

 

Hi Andy,

 

Disaster in court today as DJ refused my application to adjourn (Sols had refused to consent unless I paid their day's fee) because my former sols hadn't registered as my reps at court. Said adjournment was possible if I paid their legal fees. More anon, am holding fire as I have another Cabot case looming on Monday (filed app for that, too, but believe it will fall at the same hurdle). Have asked ex sols for assistance but am not holding my breath.

 

Sorry to eat into your valuable time, but any chance you could look at my other thread 'Another Court Hearing 14/06/10? I'd so like to tell you more about today but I seem to be V popular w/guests (it was v. evident from sols today that they're monitoring this site).

 

Any ideas on postponement would be helpful!!

 

Hope you're well....and as ever many thanks!

 

MXXX

Link to post
Share on other sites

Hi Martel

 

Not disowned you still chewing the above over.Looks like they are going for Summary Judgment.In the meantime as this as come from Cobblers you need to check with the Court that it as been submitted and legit.

get back to you later

 

Regards

 

Andy

 

Hi Andy,

 

Well.....today I rec'd an Notice of Claimants Application - a 30 minute hearing is scheduled in August.

 

The usual reasons:

 

1. The Claimant relies on the contents of the attached Rply to Defence dated XXXXXX in support of the application (NB, THERE IS NOTHING ATTCHED)

 

' The Defendant's Defence be struck out and there be a Judgment for the Claimantn pursuat to CPR 3.4 (2)(a) the Claimant respectfully submits that the Defendant's Defence discloses no reaasonable grounds for defending the Claim abd that the Defendant's Defecne be dismissed and there by Judgment for the Claimant against the Defendant pursuant to CPR 24.2(a)(ii) and (b) as the Defendant has no real prospect of successfully defending the Claim and there is no other compeling reason why the case should be disposed of at trial'

 

........The Defendant's attention is drawn to CPR 24.5 (1) which provides that if the respondent to an application for Summary Judgment wishes to rely on written evidence at the hearing, they must:

 

(a) file the witness evidence; and

(b) serve copies on every other party to the application, at least 7 days before the summary Judgement hearing

 

 

 

Why do I ALWAYS get this stuff on a FRIDAY???

 

Oh, and my application for adjournment of the Cabot on Monday hearing has been......yes, denied! Any help on that thread would be gratefully rec'd!!

 

MXXXXX

Link to post
Share on other sites

Hi Andy,

Sink Farcical tried that with me, basically if the judge thinks there is any reason that you can defend at all no summary judgement. For example if you had submitted no defence and not turned up to the hearing they would probably get a SJ. A good one would be that you dispute the Claimant's amount. Was the hearing in response to the AQ's ?

 

It appears to be a standard thing every Claimant tries on.

 

Pumpytums

Link to post
Share on other sites

I hope I'm not teaching granny to suck eggs.

 

But always remember the burden of proof is on the Claimant not the Defendant.

 

For example if the Claimant says you owe us £1.99, they have to prove why you owe them £1.99. If they say it's because you had an account they have to prove you had an account such as statement or your application and prove why you owe them £1.99.

 

Pumpytums

Link to post
Share on other sites

Hi Martel

 

Not disowned you still chewing the above over.Looks like they are going for Summary Judgment.In the meantime as this as come from Cobblers you need to check with the Court that it as been submitted and legit.

get back to you later

 

Regards

 

Andy

 

from post 292 (last week):

Hi Andy,

 

Well.....today I rec'd an Notice of Claimants Application - a 30 minute hearing is scheduled in August.

 

The usual reasons:

 

1. The Claimant relies on the contents of the attached Rply to Defence dated XXXXXX in support of the application (NB, THERE IS NOTHING ATTCHED)

 

' The Defendant's Defence be struck out and there be a Judgment for the Claimantn pursuat to CPR 3.4 (2)(a) the Claimant respectfully submits that the Defendant's Defence discloses no reaasonable grounds for defending the Claim abd that the Defendant's Defecne be dismissed and there by Judgment for the Claimant against the Defendant pursuant to CPR 24.2(a)(ii) and (b) as the Defendant has no real prospect of successfully defending the Claim and there is no other compeling reason why the case should be disposed of at trial'

 

........The Defendant's attention is drawn to CPR 24.5 (1) which provides that if the respondent to an application for Summary Judgment wishes to rely on written evidence at the hearing, they must:

 

(a) file the witness evidence; and

(b) serve copies on every other party to the application, at least 7 days before the summary Judgement hearing

 

 

 

Why do I ALWAYS get this stuff on a FRIDAY???

 

Oh, and my application for adjournment of the Cabot on Monday hearing has been......yes, denied! Any help on that thread would be gratefully rec'd!!

 

MXXXXX

 

Hi Andy,

 

just checking in - should I be in touch with Cobbetts to let them know no defence was enclosed?

 

Have had a terrible week of losing 2 Cabot claims - now thinking over N460s.

 

The same DJ is assigned to all my cases - v. tough so I want to be as prepared as poss for this one.

 

Sorry to bother you....but am I overlooking anything?

 

Many thanks - hope you're well,

MXX

Link to post
Share on other sites

Thanks all,

link to my thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/263107-pumpytums-incasso-natwest-overdraft.html#post2971794

 

Acknowledgement done CPR's ready to fly

 

It's a joint account too.

 

Thanks already to Hungry for help on this thread. Very helpful on mine too.

 

Lets see what June 11th brings could be very useful for us with "fair" charges.

 

Cheers

 

Pumpytums

 

Hiya,

 

Have been a bit busy this week (3 hearings).....will wander over to your thread this weekend....hoping all is okay with you......MX

Link to post
Share on other sites

Hoping someone comes along soon with some advice. As it's a SJ hearing, I am hoping I can prove it's at the very least worthy of a hearing....but I want to avoid getting snarled up and defeated by the pedantic expectations of the court, as I did twice this week.

 

MXX

Link to post
Share on other sites

Do you dispute the outstanding balance in any way?

 

If so have you looked into S140

 

Bank Charges Court Guide: New legal arguments to take on the banks...

 

Do you question the way they defaulted you? Did they use 76(1) & 98(1) have a read up on 76(6) and 98(6).

 

 

Did you have Advantage Gold did you request it or was it applied without your knowledge?

 

Pumpytums

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...