Jump to content


  • Tweets

  • Posts

    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
  • 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

Ka2, Help I'm in Debt!!!!


ka2
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5373 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

Hi and hope all is proceeding well read this and help if you can LTSB B*******!

In august 2006 I attended financial review meeting with Lloyds TSB to discuss over commitment of unsecured debt, at the time I had an overdraft of 3K, credit card of 15K and a loan of 6K ( which was almost repaid )together with a joint mortgage with C&G for 73K.

The meeting was prearranged as my wife was requested to attend for signatory purposes. There was 4 people in attendance; myself and my wife, the bank manager and a debt advisor from LTSB.

A credit check was made (which I signed for) and a full financial statement completed. We were told that altogether my personal unsecured lending amounted to 44K (including all creditors) and mortgage of 73K and that my credit status was risky due to over commitment.

Their solution was to remortgage the house on a lower interest rate-saving £200 per month. Fee £500

Cancel Critical Care Insurance and life insurance and update home insurance. Saving £180 per month

Take out a consolidation loan of 25K to repay outstanding commitments to LTSB-which the manager herself would arrange, she insisted on doing so. I was also advised not to take out anymore debt as this solution would just about work.

I started a new job in September 2006 as Head of Mathematics in a challenging large secondary school. In October (OFSTED) I suspected from statements, that previous debts had not been repaid and that the mortgage payments were only marginally different. I tried many times to contact the manager in writing, by phone, and by calling into the branch. She replied in writing in May 2007 with a grovelling apology and £50 compensation. In August 2007 I asked my trade union for help and they referred me to Payplan who organised a DMP. I had myself tried to consolidate these loans but messed it up (I think ?) due to interest and bank charges coming from all directions. The remortgage was not approved but £500 was still charged.

Payplan do not support disputes that arise, and in April 2009 a charging order was enforced on our property for 5K by Northern rock.

LTSB accepted DMP but continued adding interest on all 4 accounts, We received an overwhelming amount of telephone calls from LTSB collections and hundreds of silent calls over a prolonged time causing much distress to myself and family.

I started my claim for negligence and breach of contract against LTSB in April 2009 after LTSB rejected my requests for CPR 4.6 data and DPA data which I had made in Jan 2009 after SCM threatened me with court action. I have been threatened with court action (under oath) nine times since January alone, most recently in July 2009 despite them now being the defendant- no data has been received at all, they deny everything and SCM have attempted to strike out my claim-but the court acting under its own discretion has allocated a half hour meeting later this month. Of course I have submitted my evidence and have continued to make substantial repayments to LTSB and all creditors.

They also ignore request for copies of original agreements etc , yet sent me a new visa card recently which I did not request.

I know this sounds crazy and at times has bordered on criminal actions (phone calls as many as 4 an hour all day !!!) never mind litigation. Do you think I have a valid claim and is there anything to watch out for at this stage?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...