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    • Thank you Dave, yes I have been reading a lot, but as you already mentioned mine is court one for some reason. Yes, the CPR request - printed and sent after completing the AOS online, as per dx's instructions.   And yeah the full timeline had me scrapping the vehicle and moving to new place in between the date of alleged contravention and receiving first "debt recovery" letters. To none of them did I respond as all of them said that I cannot dispute the charge as seen in the letter attached. 02/01/2020 - alleged contravention 29/11/2020 - scrapage of mentioned vehicle that I was still the registered keeper of and V5 had my address of the time on it since DVLA was reaching me and they had my details from them it should be correct 02/02/2022 - I move to my new place 18/01/2023 - first letter of debt recovery to my new address 21/11/2023 - letter of claim raised to county court Funny enough I never used that parking, so since I didn't see the pictures (the PCN or any reminder was never sent to my address in the first place, on the 18/01/2023 it was literally the first contact) I cannot even take a look whether it was my housemate as he sometimes borrowed my car, but then again I checked my emails and everything and on 01/01/2020 I was flying into the country back from holiday and was landing at Luton London Airport so me myself definitely had no business in Stansted area. I cannot even check for mercy period, whether that was actually my car or reg clone, nothing, as I never had that letter in my hands, sadly.
    • Good grief, this has to be one of the most stupid invoices issued for the most petty of reasons that we've seen here. What was the reason for your two visits? I ask as there may be the chance of getting the leisure complex to intervene.
    • Under UC there is no actual need to claim carers allowance, as long as you declare that you are caring for X for 35 hours per week and confirm they are in receipt of AA on the claim, they will verify you as a carer and you will then not be subject to the MIF, but will stil need to decalre your income and expenses each assessment period. This is because as a care, you are not expected to be available to work or have to look for work.
    • Yes, if you do a search on the forum you will see we have a lot of threads for this place.  It's basically a scam site. Yours is only the second case we've seen in years & years where they've done court though, undoubtedly because you'd moved and you didn't reply to a Letter of Claim. When you wrote "printed and sent" you did mean the CPR request, right?  
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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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mbna cca came swiftly!


salisbury1
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Today received a copy of 2002 cca from mbna. Arrived in 14 days which from what I've read on the forum is good going. The front of the form looks OK, but the terms on the reverse are bareley legible, to totally illegible. One bit I can make out is a small section that says;

 

"Set out below are conditions 1 and 2 of the MBNA Credit Card Terms and Conditions. The other conditions referred to in these paragraphs and the applicable definitions can be found in the full Terms and Conditions enclosed."

 

There is nothing else supplied other than the current terms and conditions. Is this statement effectively an admission of a fundamental failure of compliance with this particular mode of form? The front of the form refers to reading section 11 before signing, by their own statement this term 11 cannot be part and parcel of the form.

 

In any case I am writing to mbna to ask for a legible copy of the terms and conditions within a document signed by me. Any ideas on whether this form does or does not provide "Prescribed terms and conditions"?

 

Pointless scanning this document onto the thread as I cannot makeout the T&C myself.

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