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    • Just realized that the deadline for paying the £59.00 trial fee has passed on the May 17th. But when contacting the helpline this week, I was told the court hearing date is still on? By now, I have fully realized I have messed up. Should I just drop this case and go after Interparcel?
    • Just as the title says, if ever there was a good reason to ditch Micro$oft and move to Linux then this is it :-   Giving Windows total recall is a privacy minefield • The Register WWW.THEREGISTER.COM It's only a preview, and maybe it should stay there ... forever Help is available, most modern PC's can run a version of Linux suitable for your needs and it is not difficult to use or learn. Ubuntu is popular, new version is very modern Garuda Linux is the one I use, based on Arch, rolling release, bang up to date. I have friends and acquaintances, old and young, PC Literate and not. Most people who try it never go back to Windows Hamster
    • I've had to hide two of your posts.  Anyone clicking on your links gets sent to external sites.  On top of that your real name is showing on one screenshot.  Fellow Site Team member dx100uk has already politely asked - Anyway, jk2054 wants to see the communication you got from your local court which will have told you about the hearing date of 17 June, and will have mentioned a deadline for filing your Witness Statement.
    • I believe it is helpful to seek guidance from a range of places and decide on the validity of the sources and frequency of responses which are most helpful. A single voice can be a dangerous thing. As, of course, can groupthink. Scott, it feels like £4k on a solicitor for a £1.5k bill is overkill. Were we back in time I'd suggest small claims court as your claim sounds like it may be straightforward? By all means add that phrase on. I also suggest you contact the court and go and sit in on a couple of similar cases to get a better understanding before you shell out.
    • a card should be 16 digits...urm... note your dates above please. do not miss them no matter what happens  ......................... pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
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    • 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.

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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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Charging Orders/Restrictions


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Hi

 

I found some interesting stuff on moneysavingexpert about Charging Orders/Restrctions.

 

It seems like if you are joint owners of a property and you are the sole debtor, they can only place a Restriction on the property, not a CO

 

Never knew this, thoughts anyone?? :)

 

 

Charging Order? The myth - MoneySavingExpert.com Forums

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I think you'll find CAG member Funky Fox posted this gem here on CAG some time earlier - http://www.consumeractiongroup.co.uk/forum/show-post/post-1922057.html

 

There is currently a sticky written by sequenci regarding Charging Orders in the Legal Issues forum - http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

 

All good advice and hope it is helpful to someone who needs it. :)

 

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  • 3 weeks later...

Just wanted to add to this important topic. There is a very interesting article at the followng link relating to this very topic http://www.bllaw.co.uk/pdf/financeandrecoveries_0806_charging%20orders%20on%20property.pdf

 

I am in the process of, hopefully successfully, selling my house with one of these restrictions. I will update with my story once I have one to tell.

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