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    • Hi guys, After the 14 days extension as expected received a response that Evri has rejected the claim I'm attaching their defence. How does it read? From what I can tell it looks very similar to their 1st parcel defence last year, except from what I notice instead of accepting the parcel is lost they are saying they don't know as it's been over a year so they dont keep tracking records that far. Pretty scummy for them to do that since Judy Cobett is well aware from our emails that they did lose this parcel and the reason why it's been over a year is because I waited until they settled and paid on the first parcel before starting this claim on the second. Anyway, I have all the emails and postage evidence if they wierdly want to use that as an angle? The other difference is this mammoth list of dates they can't attend. Last time the list was 14 dates. I have until June 10th to respond Thanks again, claim-response.pdf
    • wheres page 2 and the copy of the hire agreement they must also send? please take  the trouble to NAME your uploads too, just like i have now.
    • Television production firms admit they are already using AI to come up with new programme ideas.View the full article
    • OK, good. So click on  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/ Scroll down to  Q2) How should I defend? There you will find the template defence. Change (6) to (7) and add a new (6). 6.  In a second abuse of process, the Claimant is claiming legal representative's costs even though they have no legal representative and in fact are representing themselves. When you want file the defence on MCOL. You can do it this evening if you want, but we generally say to do it a few days before the deadline (24 May) to ensure nothing goes wrong at the last minute but at the same time to show PE you're not scared of them and want them to sweat.
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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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Sheriff puts Bank of Scotland to proof on bank charges


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Very interesting and I will follow forward. Well done GLC!

 

I know this is a Scottish case with repercussions (CCA etc.) However, I have been royally stitched up by Halifax who are part of Royal Bank of Scotland who now may or maynot be part of Lloyds Banking Group (Maybe as this weeks statement doesn't even mention LBG.

 

Bottom line, does the Scottish/English divide even matter as the business (I was going to call it a profession Lol) is so incestuous.

 

H

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Very interesting and I will follow forward. Well done GLC!

 

I know this is a Scottish case with repercussions (CCA etc.) However, I have been royally stitched up by Halifax who are part of Royal Bank of Scotland who now may or maynot be part of Lloyds Banking Group (Maybe as this weeks statement doesn't even mention LBG.

 

Bottom line, does the Scottish/English divide even matter as the business (I was going to call it a profession Lol) is so incestuous.

 

H

 

 

Halifax are part of HBOS - (Halifax bank of scotland) and nothing to do with RBS

 

Just For info ;)

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This looks promising. As long as the judge doesn't get a funny handshake and a backhander to see the law the same way the banks seem to interpret it.

 

I can't wait for my day in court with Sh-Abbey / Santander. Unlawful charges, interest and fees, unlawful termination of account on the back of an improperly served default notice on an account that was in dispute.

 

After the undeserved bank bonuses and their crappy attutude to their customers, we should show them no mercy. They've already boasted about record profits, so we know they have the cash available to pay us back. Paying back the money they've stolen from us and the interest on it, will help with getting this country back on it's feet once peeps have spare cash after the recession. :)

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Well done Mike and the team at Govan Law Centre.

 

Is there scope for those with claims in court which have been on hold, to apply for an extension to the stay in the light of this new development?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Subbing.......it's looking very interesting news guys. Fingers, toes and all crossed.

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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Looks like we Scots are showing the way ahead again!

 

Well done to al the team at GLC - maybe HBOS, RBS ertc, should hang fire and not start paying out the big bonuses just yet - they might need this cash to compensate their customers - now that would be a novel thought for those wily bankers - or is the more apt adjective bily followed by a different noun?

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I take my hat off to GLC and wish them every success.

 

However a word of caution, I note that HSBC have already responded to one Cager That their Legal Team asserts that, charges cannot be challenged under Regulation 5 or 6 and that there is no unfair case under s.140A of the CCA. They have no doubt taken Counsel's advice in this matter and take comfort from it. It will be very interesting to see what the Scottish situation produces.

 

Carningli

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In the words of the delectible Mandy Rice Davies "they would say that wouldn't they?" ;)

 

Mind you they must really believe it as they would never knowingly mislead us or state anything less than the truth! :rolleyes::rolleyes: - As we say in Glasgow "Aye Right!" - the only time two Affirmatives make a Negative!

 

BD

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If the banks were truly confident that charges were truly fair/lawful, they would have gone to court in a few cases years ago to stop everyone else claiming, they would not have made all their "good will" payments to prevent court action, and they would not have found it necessary to revise their charging regimes.

 

Although this would be a great win if it worked and blow the banks claims of having won out of the water, and people would be able to use the same arguments for their own cases, in legal terms, how much weight would it carry in other cases - ie would it set a precedent?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Caro

 

I totally agree with your first paragraph!

 

I think this will have two most welcome effects.

 

1. It might shut them up and stop them sending out their arrogant "ha ha we won - you punters and OFT lost at SC" letters - because things are clearly no longer quite so clear cut as they were making out. :D

 

2. They might start making lots of "goodwill" paymemnts again - to avoid losing in lots of cases in court! :D:D

 

Lets stick it to them where it hurts them most - in their wallets! ;)

 

BD

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I find it very hard to believe that the avenue presented to claimants by the SC would be closed at lesser levels by courts. I would imagine the SC would have looked long and hard at the other routes available to claimants and if there were any doubt about their success would surely not have even mentioned it in their verdict?

 

At the very worst, if the courts lean towards the banks on this alternate approach then surely GLC, the myriad of claims firms, consumer groups and individuals can use the same tools afforded to the banks during the OFT case and appeal, appeal, appeal all the way to the SC again?

 

I doubt it'll get quite as far as that though. I can see the banks getting squeaky bums over this latest development.

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Sorry to correct your spelling Bigdebtor, shouldn't that be 'Willey' :)

 

 

Wily (pronounced whiley)= Crafty, Cunning, Sly, Guileful, Devious, Scheming and Sneaky

 

Sounds like a perfect description to me :D

 

Although willy may have suited the second option :eek:

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Hi,

 

Great news but my friend has a hearing for a strikeout Order coming up and he doesn't know what to do. Is there any way anyone can come up with something because I think it may be best to have a go at a amendment of PoC than just do nothing and have the claim struck out.

 

Any help greatly appreciated.

 

TheyrCriminals

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Hi,

 

Great news but my friend has a hearing for a strikeout Order coming up and he doesn't know what to do. Is there any way anyone can come up with something because I think it may be best to have a go at a amendment of PoC than just do nothing and have the claim struck out.

 

Any help greatly appreciated.

 

TheyrCriminals

 

Can your Friend not ask for more time in light of recent developments ?

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