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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • dx100uk
      Lowell/Overdales Claimform - old Cap1 Debt

      By dx100uk · Posted

      don't get too hung up on the real meaning of 'fake' in terms of the documents a claimant might produce relating to a potential court claim. by fake we typically mean, they are not obviously the 'real McCoy' ,100% associated with whatever credit they are trying to pin on punters. they are often of the right 'version' that an OC would have used for that particular take out date, but with details inserted in a diff font where they should be for say your name address DOB etc. All DCA's typically  have filing cabinets covering each year for most creditor, whip 'em out, scan and copy n paste your details onto them, even easier now with online sign ups. no hard copies ever sent cause 90% of mugs have lost them..... one of our most powerful tools is the fact any docs they produce, unless they state they are 'a reconstruction'  MUST come from the original creditor noty some hidden pile the claimants have. Link are absolute masters at this so dont stick to lowell threads. dx    
    • puma85
      small accident, what to do?

      By puma85 · Posted

      Driving home last night I contacted wing mirrors with a car coming the opposite way. The wing mirror folded in and the glass popped out. Very minor damage.  I stopped at the next layby (A road) to repair the mirror. A passerby stopped and said they saw the other car stopped behind me in another layby - they went back and passed over details so we could get in touch.  The conversation started cordially, but quickly got heated when I said I was well on my side and they drifted over (which is what happened).  I wasn't going to bother filing a claim as there isn't enough damage to justify it. So I've said to the other party lets just call it quits as there are no witnesses and we both think we are innocent.   they said they are contacting the police and insurance and that they have witnesses. But a quick facebook search found a post by the other person saying they were in a crash, and were 'spun' off the road. Picture of a broken wing mirror and a slight scuff on the front and rear wheel arch. they are asking for witnesses. I have screenshots of the post, and sent them another message saying I can see you dont have witnesses as you are appealing for them. I'd really not drag this out. Lets call it quits and move on. this was followed by a couple of messages that didn't really make much sense. e.g. 'do the right thing'. What should I do now?  Contact police?  Contact my insurance? - Can I tell them about this incident but say I dont want to claim? Will that affect my premium?  
    • Unknown2024
      Backdoor CCJ for Shortfall of Car Finance from VWFS (Audi Financial Services) - Set Aside but lost later hearing - 2018 diesel scrappage scheme help needed - want to appeal

      By Unknown2024 · Posted

      So this is the crux of the argument. The scrappage contribution should have also been counted as a deposit. It was literally a part exchange in return for a cash deduction so there is no reason it wouldn't be treated the same way.  I did not request a VT, I was struggling to pay after a separation from my partner at the time. However had the figures been reflected correctly, the VT cost would have been 2k not 9k and I may have considered it as an option. Instead, the car was marked stolen and removed from my possession by the police
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      LOL - old one the fiver theory - although with the poops its take a fiver now, promise 10p  sometime in the future while claiming the reverse theory   So when is jenrick, an apparent slam dunk as referenced higher in the thread, being referred to the police? These poops need to know that anything they throw will be returned .. with interest  
    • London1971
      Lowell/Overdales Claimform - old Cap1 Debt

      By London1971 · Posted

      Yup, it isn't a criminal case, it's hard to prove, but take a detailed look at my thread to see how many holes there are in what they have sent me, there is a picture building.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

County Court Claim form received - Cabot ***WON***

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pt2537

pt2537

Posted
Posted

yeah you can combine it into a question, this is just a thought, it is not my suggestion that you follow this i must say.................

 

1) do you have a copy of the default notice ? and if so do you object to me inspecting a copy?

 

2) do you have a copy of the notice of assignment and do you object to me inspecting a copy?

 

just a suggestion, but you could also say, if you dont object please provide a copy with your reply

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car2403

car2403

Posted
Posted

This is all good stuff. I think you need to 'trick' them in to saying they have a document and will rely on it in reply to your Part 18 request, then use other CPR to request those documents. If they haven't mentioned them in the claim to date, you can't CPR them to get copies, hence the 'nudge' in the right direction.

 

The trick, as PT has pointed out, is to ask the right questions! :)

 

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Brassed off

Brassed off

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Posted

IN THE XXXXXXXXX

county court CLAIM NO:

 

 

BETWEEN:

XXXXXXXXXX

Claimant

 

and

 

XXXXXXXXXXX

 

Defendant

 

 

_________________________ _________________________ ___________________

part 18 REQUEST FOR FURTHER INFORMATION

_________________________ _________________________ ___________________

 

 

To: XXXXXXXXXX (claimant)

 

Please answer the following questions:

 

1) Are you relying on the Defendant being served with a Default Notice. If so, when was it served?

 

2) Do you have a copy of the Default Notice ? If so, do you object to me inspecting

a copy? If you do not object, please provide a copy with your reply.

 

3) If you are relying on equitable assignment or absolute assignment, when was the Defendant served with the Notice of Assignment?

 

4) Do you have a copy of the Notice of Assignment? If so, do you object to me inspecting a copy? If you do not object, please provide a copy with your reply.

 

5) Do you have proof of posting of the Notice of Assignment in the form of a recorded delivery or special delivery receipt?

 

6) Are you relying on a Credit Agreement in support of your claim? If yes, please provide full details

 

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

 

 

 

This is a draft of what I have so far.

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gh2008

gh2008

Posted
Posted
I'm just about to start the Part 18 request but am a bit thrown now after reading up. Under Part 18, I can't request documents eg T&Cs and the NOA they haven't provided, only ask for clarification/elaboration on the ones they already have - help :???:

 

If you need a copy of the T&Cs then there is nothing stopping you making an S78 request ......

If you find my advice helpful - please click on my scales

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The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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citizenB

citizenB

Posted
Posted

They are supposed to send you a copy of the agreement and any other document mentioned in it.. so they should produce those as part of your CPR31.14 request ? Have you sent a reminder CPR31.14 and or CPR31.15 request - a request to inspect the original documents ?

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Rhia

Rhia

Posted
Posted

Were in danger of overloading Bo with conflicting advice so my thoughts (for what it's worth). Go ahead with the Part 18 (if you haven't already done so. Treat this as separate but obviously connected and then follow up Part 31 as Citizen B has suggested.

 

The SAR is another separate but connected action and all of these actions are aimed at flushing them out.

 

Until they can produce the original agreement and all surrounding it you remain "embarrassed".

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RobinWayRobinme

RobinWayRobinme

Posted
Posted

Just amended q.3 slightly.

R

IN THE XXXXXXXXX

county court CLAIM NO:

 

 

BETWEEN:

 

XXXXXXXXXX

 

 

 

Claimant

 

 

 

 

 

and

 

 

 

 

 

XXXXXXXXXXX

 

 

 

 

Defendant

 

 

 

 

_________________________ _________________________ ___________________

 

part 18 REQUEST FOR FURTHER INFORMATION

 

 

_________________________ _________________________ ___________________

 

 

To: XXXXXXXXXX (claimant)

 

Please answer the following questions:

 

1) Are you relying on the Defendant being served with a Default Notice. If so, when was it served?

 

2) Do you have a copy of the Default Notice ? If so, do you object to me inspecting

a copy? If you do not object, please provide a copy with your reply.

 

3) ARE you relying on equitable assignment or absolute assignment, If you are relying upon an absolute assignment, when was the Defendant served with the Notice of Assignment?

 

4) Do you have a copy of the Notice of Assignment? If so, do you object to me inspecting a copy? If you do not object, please provide a copy with your reply.

 

5) Do you have proof of posting of the Notice of Assignment in the form of a recorded delivery or special delivery receipt?

 

6) Are you relying on a Credit Agreement in support of your claim? If yes, please provide full details

 

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

 

 

 

This is a draft of what I have so far.

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Brassed off

Brassed off

Posted
  • Author
Posted
Only other point on Part 18. Only give them 7 days to Reply, not 14 days.

R

 

Will do

 

Just amended q.3 slightly.

R

 

Ta

 

Can anyone answer my question in post 233? I can't put the name of the court down until I know where it's going to be.

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RobinWayRobinme

RobinWayRobinme

Posted
Posted

For some reason I'm not getting the post numbers showing against posts now, but think I know the one. It's still with NCCBC so head it with that. The Claim number will remain the same when it is transfered and it wont matter if the heading is the former court when/if it becomes necessary to disclose it. The Part 18 only goes to Claimant anyway, a copy is not filed with court.

R

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Brassed off

Brassed off

Posted
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Posted

OK, Part 18 all done now - thanks for the help. I'll get that off recorded tomorrow.

 

Is there a template follow up letter chasing up on the T&Cs in relation to the CPR 31 request I sent, or do I simply just write to Morgans and refer to my original CPR request. They did say that they were requesting the T&Cs from the Assignor and that they would be forwarded to me in due course but I'm still wating. I honestly cannot remember ever seeing a copy of the T&Cs originally or in my SAR to the OC.

 

In the meantime, I have received a response to my SAR to Cabot. In the letter, they state that they will be forwarding the information on a CD.

 

They also state the following:-

 

Please be advised that Cabot may not hold information such as your original credit agreement or statements on file. In order to obtain this information, we recommend you contact the original lender, who will hold this information as the original data controller.

 

However, in the event that the original lender has supplied Cabot with this information, the documents will be included with your client's Subject Access Data.

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Rhia

Rhia

Posted
Posted

They will be sending your info on a CD? That's a new one on me. Wait and see what turns up. However they line that they may not have your original documentation is telling -routine but telling - they start these claims without the paperwork and hope no-one notices.

As for whatever case is going to appeal just carry on regardless.

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tomglen10

tomglen10

Posted
Posted

please what is this,

 

CPR 31.14 for disclosure of ALL docs;

send this by recorded delivery post.

 

I have received a letter from the County Courts telling me to collect IMPORTANT COURT DOCUMENTS, I think well i`m almost sure this is regarding my car which was repossesed some months ago, which i have had a letter telling me I owe £5,000, which is probably correct with interest, however, since the agreement I now live on my own with one income, I work full time, rent privately and have 2 children, 1 14 and 1 16 who attends college, i have very little left over after pay day, however the children stay with thir dad who claims tax credits etc & live with me half the week, please advise I don`t know what to do.

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Brassed off

Brassed off

Posted
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Posted

Hi Tomglen

 

Probably best to start your own thread on this, then you can ask as many questions as you like :-)

 

Thanks Rhia

 

Still no DN P1 but they said that there won't be a DN as they don't want to take any steps listed in Section 87 of the CCA 1974 :eyebrows:

 

Part 18 sent to Morgans.

 

AQ has arrived and the case has been transferred to my local court. Will fill in as far as poss, but may need some help on this.

 

PS - Think I've found a replacement smilie for the EEKK one that disappeared!! :!:

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