Jump to content


  • Tweets

  • Posts

    • best to be sure it is a N279. not that they pull any underhand stunts of course   but we have seen it. your bal is now £0 but we'll still attend court as you'll probably not as we've said we've closed the account and we'll get a judgement by default. dx  
    • Sorry, last bit They had ticked that they wanted the application dealt with without a hearing, so is there any relevance that a date and time to attend said hearing has been sent out ?
    • I've not seen it personally but I think that's the letter Dad has had from Overdales. I'll see it tomorrow. It states balance: zero
    • Agreed as you clearly have little faith in your star runners, mind you - I have less - conditional on the welcher clause I defined being part, and that we are talking about the three defined candidates: Tice Farage and Anderson - not anyone anywhere as reform might (outside chance) get someone decent to run somewhere. If any of the three dont run - they count as a loss.   welcher clause. "If either of us loses and doesn't pay - we agree the site admin will change the welchers avatar permanently to a cows ass - specific cows ass avatar chosen by the winner - with veto by site on any too offensive - requiring another to be chosen  (or of course, DP likely allows you can delete your account and all your worthless posts to cheapskate chicken out and we'll just laugh) "
    • This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that 1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing. 2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim. 3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence. 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024. 6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective. 7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661. 😎 It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.   They have asked for extension Because 2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.
  • 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

Confused over statements!


juliekaye1982
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6266 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

  • 3 weeks later...
  • Replies 56
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I need a bit of advise, trying to get things right in my head and need to know if you have to allow for bank holidays when a claim has been filed, i.e. the 14 days you have to wait. If someone could help me out i would appreciate it!!

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

Link to post
Share on other sites

thanks for the quick response, was the end of my 28 days (they had ack on last day) on 26th, when i got home and looked today they have entered a defence... damn barclays! guessing that would have happened even if i had started judgement last night so never mind. Waiting for my AQ now and preparing my court bundle!

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

Link to post
Share on other sites

  • 2 weeks later...

PLEASE HELP!!

 

trying to get the AQ form filled out tonight to get sent off in the morning (its the N149) and have 2 urgent probs im hoping someone can help me with:

 

-Im not sure if i have to pay the £100 fee. My claim is for 1389, the letter that came with the AQ form said the fee was if the claim was for over 1500 but my book on small claims says over 1000!! I dont want to get this wrong and lose out

 

- Also im not sure what i need to put in Section G of the form, the FAQ guide says to give details of documents, does this mean the win zip court bundle?? Sorry if this sounds like waffle but like i said before im getting very nervous now

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

Link to post
Share on other sites

Ok, managaed to get the awnsers to one of my questions by reading around so if someone could check this for me it would be great:

 

- In Sect G of the AQ i need to enter the following (not sure if this is 100% possible but i read a thread somewhere where a mother was acting on behalf of her son and i was hoping i can do this for my boyfriend just in case):

 

"I respectfully request that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The law relating to contractual penalties is settled law since the early 1900's. The issue is whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred.

Accordingly, the claimant proposes the attached draft order for directions, for the courts due consideration.

 

In the alternative, should the court decide to allocate this claim to the fast track, the claimant requests an order of standard disclosure.

 

The claimant gives notice that he wishes to be represented by his partner, Julie Kaye, at the hearing of this claim. I estimate that the hearing should last no longer than one hour."

 

And i attach the Draft Order from the New AQ Strategy thread as well?? Hope this is right.

 

 

Also, does anyone know about my previous question about AQ fee, i dont want to get it wrong but cant phone the court until the morning to check!!

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

Link to post
Share on other sites

  • 4 weeks later...

So, my AQ form went back to courts recorded delivery on 10th January, 7 days early. Havent heard a thing back. Should i be worried? Any words of wisdom? Im wishing id taken the measly offer from months ago now!!

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

Link to post
Share on other sites

No, don't feel like that, you are doing really well. I phoned the courts after returning the AQ and they explained they were snowed under, but gave me hope. I now have my date listed for 13th April 07 and am busy compiling my bundle. Don't give up and keep us posted.

Maria

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

Link to post
Share on other sites

Thanks for the support, i actually feel more confident now - especially reading about another victory (congrats!!). I shall get my head down with my court bundle and await the daily visit from the post man :)

 

Can anyone advise which is the best court bundle to use, there seems to be a few around, also when do i need to make sure this is all ready for?

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

Link to post
Share on other sites

Thanks!! had a letter today, court date set for 26th April, as far as i can tell there are 2 different ways now - ringing the bank or waiting for them to ring me! Any advise/words of wisdom?

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

Link to post
Share on other sites

Hi Julie, my date is 13th April, quite close to yours. I rang them and was told that Anthony Lombardi is looking after my case and would be in contact with me in mid March. He said they have a lot to deal with and are doing it first come: first served. Although he did know all about my cases and my first name etc, without going away to look it up. Whether you phone or not is up to you, I don't think it actually makes a difference, if I have not heard by end of March I shall be ringing back. Have you got your bundle together and when were you planning on submitting it?I am drafting mine this week and sending it in next week.

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

Link to post
Share on other sites

ive been working on it in bits - been very busy with work/courses etc but planning to put my head down this week and weekend and get it all sorted, although if i can avoid the heft postage costs by settling i wouldnt mind!!

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

Link to post
Share on other sites

I know the feeling, I am on annual leave next week, that's the reason I am only drafting at the moment. To save money, the copy for the court I am hand delivering. But like you, I would like to avoid this bit altogether!!!!

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

Link to post
Share on other sites

Many ways to go on this one, Ladies. The situation and pressure with the banks is changing day by day.You could send it in early and that way show your resolve to go the distance, but by now I think the bank knows you will anyway. You could wait until the last moment to send the bundle and maybe they will call and settle (they called me on the morning I was going to post my bundle), that way saving the cost of posting.

Or you could ring them but my personal feeling is that would be a waste of time;they are very busy and will get to you when they have dealt with the queue in front of you.

Depends on how much you need the money and how much patience you have? If it was me, I would wait it out now; post at the last minute;hope they will call in time. Good Luck to both of you.

Link to post
Share on other sites

good luck........

 

cant wait to hear!!

 

AD

Barclays

 

S.A.R - (Subject Access Request) sent 26.01.07

Schedule sent 28.02.07

LBA sent 14.03.07

N1 filed 10.04.07

Settlement 14.05.07 (£2270)

Link to post
Share on other sites

  • 4 weeks later...

Slightly concerned - my letter from the court never set any directions about dates for court bundles - mines almost ready tos end, is it too late???

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

Link to post
Share on other sites

hi Julie,

I have received my date this morning for April 13th [FRIDAY]

 

my letter states all paperwork relating to the hearing must be with all parties concerned NO LATER than 14 days BEFORE the hearing.

 

Original documents to be brought to the court on the day.

 

I would use this as a guideline, give yourself 14 days before the date.

good luck

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

Link to post
Share on other sites

Thanks for the quick reply - you have made me feel a little better!! Good luck for your case - have you tried ringing or had any calls? Im tempted to phone but dont want to look 'desperate'

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...