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    • BankFodder
      Markerstudy - Other driver fled the scene

      By BankFodder · Posted

      It is essential that you find out where the car is.  It is also essential to find out whether what you signed was an authorisation What precisely it was that you authorised.  I expect it was an authorisation and it certainly is going to be a big problem that you didn't read what you signed.  However you must find out and you must do it as quickly as possible.  If necessary start telephoning people but read our customer services guide first.  But then render everything in writing  
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      Group Nexus ANPR PCN Claimform - Cannon Lane Retail Park, Tonbridge, TN9

      By Hopgarden · Posted

      There are 19 documents received from SARS request, spread out over 2 messages too big to put all on one. I have also received the Notification of allocation to the small claims track hearing for beginning nov 2024 SAR Info provided 150124 by Dcblegal-11.pdf SAR Info provided 150124 by Dcblegal-12.pdf SAR Info provided 150124 by Dcblegal-13.pdf SAR Info provided 150124 by Dcblegal-14.pdf SAR Info provided 150124 by Dcblegal-15.pdf SAR Info provided 150124 by Dcblegal-16.pdf
    • Hopgarden
      Group Nexus ANPR PCN Claimform - Cannon Lane Retail Park, Tonbridge, TN9

      By Hopgarden · Posted

      050124 DcbLegal-1_1.pdf 050124 DcbLegal-2_1.pdf 121223 DCbLegal_1.pdf SAR Info provided 150124 by Dcblegal-1.pdf SAR Info provided 150124 by Dcblegal-2.pdf SAR Info provided 150124 by Dcblegal-3.pdf SAR Info provided 150124 by Dcblegal-4.pdf SAR Info provided 150124 by Dcblegal-5.pdf SAR Info provided 150124 by Dcblegal-6.pdf SAR Info provided 150124 by Dcblegal-7.pdf SAR Info provided 150124 by Dcblegal-8.pdf SAR Info provided 150124 by Dcblegal-9.pdf SAR Info provided 150124 by Dcblegal-10.pdf
    • honeybee13
      The sub-postmasters scandal

      By honeybee13 · Posted

      From the Law Gazette. Paula Vennells had faith in her lawyers - and threw them under the bus. Post Office Inquiry: Paula Vennells trusted her lawyers and then threw them under the bus | Law Gazette WWW.LAWGAZETTE.CO.UK If we are to believe the former chief executive, she was simply too trusting of her general counsel.  
    • OldVWMK1
      Markerstudy - Other driver fled the scene

      By OldVWMK1 · Posted

      Thank you dx. Not very nice reading, but I have learnt a bit, I will need to go over some of them again later.  Something I picked up from those posts are Auxillis use of tick boxes and electronic signatures.   I need to find out what the tow truck driver made me sign for.  He put the car on the trailer and locked it down, then got a phone in a big protective case out and just handed it to me. I didn't even think what I was signing, I presumed it was related to the condition of the car on retrieval from the ditch and their collection and assumption of responsibility for the insurance company.    unclebulgaria67, I struggle to easily write concise, to the point posts.  I thought that my initial post was already too long and wordy so tried to keep it brief and to the point. I didn't write every moment of the accident the way I told the police or insurers because most of it would be a waste of your time as my innocence is not my concern. The other party fled the scene.  My immediate concern is my car being taken without consent, stored where it will accrue charges, get treated in any manner of ways because they assume its getting written off and dont need to look after it and then possibly taken to a car auction site where I will have to pay additional fees to get it back if it is declared a write off. I am also in increasing amounts of pain in my lower back and neck and ever increasing sense of injustice and foreboding.    I do not see how my original post could go 50/50 personally, but I am reading my words with the images I have in my head, so have taken your warning on board and will make sure I don't mess up on any other documents.    So as far as I know someone from Vizion who have been hired by Auxillis is going to assess my vehicle at some point in the future.  The form I filled in for Vizion said that an approved assessor would attend my house to assess if the car is worthy of being repaired.  My car is not at my house, why the discrepancy? I agree that it is likely that they are not going to want to repair my car, I think it is worth it, I know what I have done to keep it sound, but market value and the astronomical cost of repairs...  Which is why I am worried that my car has been pulled in to a scam against my consent. How much is it going to cost me to get it back when it could be sitting on my drive.  It is just being used to charge someone storage, then will go to copart and they will charge someone storage, then they will charge me a release fee and I will have to find a way to get it back to my house which will cost more money.  All when I repeatedly requested that the car be taken off the truck when it was outside my house.    I have advised Auxillis that I repeatedly requested my car be taken off the tow truck outside my house and was not listened to.  I stated that I was left feeling that my car had been taken without my consent and was not provided a valid reason for them keeping the car.  I want to know where my car is, why it is there and would like it brought back to my house to await their assessor who already thinks the car is at my house.  Sorry bankfodder i forgot to ask who authorised it, but i will ask. 

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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

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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.

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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.

1st Credit & LCS Battle - court papers received - help

newman

By newman
in Financial Legal Issues

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

I feel for you Hippy,in both your personal problems,and

then facing other peoples tragedies at work.

Only you can decide on the house, my own opinion would

be to let it go and start again anew.

How is the ex Mrs. Hippy these days, you mentioned the chance

of a reconcilliation a while ago??

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newman

newman

Posted
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Posted (edited)

##UPDATE##

 

Hello Again all - its been a few quiet weeks and today I received some documents through from the NCCBC - A N271 Notice of transfer of proceedings form, A N24 General Directions order and a copy of my N244 form that I faxed to NCCBC on the 9th August

 

The case has been transferred to my local County Court but it is the General Directions Order I am uncertain about. I have read the General Directions order a few times and I am not sure what to do next if anything.

 

Can you lovely people give me some guidance at this stage please?

 

Many thanks

 

The images of all the pages are below.

 

110903aTransferofProceedings.jpg

 

110903bGeneralDirectionsOrder.jpg

 

110903cN244P1.jpg

 

110903dN244P2.jpg

 

110903eN244P3.jpg

Edited by newman
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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Correct unfortunately it gives 1st Credit a longer

period to come up with a recon, this happened

in a case I dealt with recently and they ''complied''

with a recon at the last minute and the claim was

heard.

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AndyOrch

AndyOrch

Posted
Posted

I take it to be an hearing to decide your application to extend (because you opted for without hearing ) the application must be heard

on Notice to the Claimant hence the transfer and hearing.

 

Andy

We could do with some help from you.

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newman

newman

Posted
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Posted
Hi, you have left your details in a couple of places.

 

I think it means that as 1stC have failed to supply the requested documents, if they want the claim to go ahead they have to apply through your local court to do so.

 

Thanks cymruambyth - all details taken out & rescanned & reposted.

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newman

newman

Posted
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Posted
Correct unfortunately it gives 1st Credit a longer

period to come up with a recon, this happened

in a case I dealt with recently and they ''complied''

with a recon at the last minute and the claim was

heard.

 

Hi Brig

So do you have any idea what the timescale is for them to take action

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newman

newman

Posted
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Posted
I take it to be an hearing to decide your application to extend (because you opted for without hearing ) the application must be heard

on Notice to the Claimant hence the transfer and hearing.

 

Andy

 

Hi Andy

I am not sure I am following any of this at all - really sorry to be so dim.

 

So if it is a hearing to decide the application to extend what happened to the draft order I submitted of the "unless by 4pm on the 16th ........."

 

I am confused as to what it means amnd is it a good thing/bad thing/not good or bad at all that it is now to be heard at my local county court?

 

Also what will happen next?

 

Sorry for all the questions but I am very confused (may be something to do with the two weeks I have just had off!!)

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AndyOrch

AndyOrch

Posted
Posted
Hi Andy

I am not sure I am following any of this at all - really sorry to be so dim.

 

So if it is a hearing to decide the application to extend what happened to the draft order I submitted of the "unless by 4pm on the 16th ........." He/she will deal with it at same hearing.

 

I am confused as to what it means amnd is it a good thing/bad thing/not good or bad at all that it is now to be heard at my local county court?

 

Also what will happen next? You have the hearing the DJ should rollock them you get your extension and he/she gives your directions

 

Sorry for all the questions but I am very confused (may be something to do with the two weeks I have just had off!!)

 

Standard process dont worry

 

Andy

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AndyOrch

AndyOrch

Posted
Posted
Thanks for that Andy.

 

So when the hearing happens do I have to be there?

 

 

Absolutely fight your corner, explain their non disclosure and why you need an extension to submit a valid defence.

 

Andy

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newman

newman

Posted
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Absolutely fight your corner, explain their non disclosure and why you need an extension to submit a valid defence.

 

Andy

 

Thanks for that Andy. I absolutely intend to do just that.

 

So roughly how long do you reckon it could be before I find out if they are going to go ahead with this.

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AndyOrch

AndyOrch

Posted
Posted

Well its been transferred to you local CC now you have to wait for them to inform you of the hearing date.

 

Andy

We could do with some help from you.

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newman

newman

Posted
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Posted

thanks chaps

 

Just as a matter of interest does anyone else have experience of dealing with 1st Credit in this respect? IT seems that some DCA's seem to give up the ghost once a N244 has been submitted or when it is transferred to a local CC and as it has now as been passed to my local CC and presumably 1st Credit are going to have to spend more money now in employing the services of a legal person both for the day? Will they be likely to keep going with this if they are not in possession of the original documentation?

 

I cant see the point of them keeping going with this if they don't have the correct documentation.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Hi Newman, 1st Credit are following

through with recons and other ''evidence''

to back it up.

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newman

newman

Posted
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Posted
Hi Newman, 1st Credit are following

through with recons and other ''evidence''

to back it up.

 

Thanks Brig - sorry to be a real pain but my understanding was that if they are going to take this to court they have to have the OCCA and not a recon? With the case that was mentioned very recently it seemed to me that Waksman ruled in favour of the consumers in respect of the validity of a doc. Have I misunderstood this then if they can use a recon? How does this prove that this is my agreement - it could have been cobbled together from any old set of Tc's & C's and surely the only way to prove the validity of a document is to have the signed original.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

I hear the balance of probabilities

put forward regularly now, Waksman

it seem laid out what should be constituent

to a recon.

Supporting evidence such as the statements

showing the debtors use of a credit facility

to back up the recon is also becoming

common.

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Master Chief

Master Chief

Posted
Posted
Assigned twice 3 years apart, did First Crud sell it back to them to buy it back again 3 years later?:???: Shady dealings

 

Andy

 

I have just been re-reading this thread and something that I noticed, which may be relevant or not, I would say both of those NOA docs have been printed by 1st Crud using Citi header & footer.

 

Maybe something, maybe be completely irrelevant, but maybe not.

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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newman

newman

Posted
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Posted
I have just been re-reading this thread and something that I noticed, which may be relevant or not, I would say both of those NOA docs have been printed by 1st Crud using Citi header & footer.

 

Maybe something, maybe be completely irrelevant, but maybe not.

 

MC

 

Hi MC - well guess what I had exactly the same thought too - its a bit suspicious that the NOA was sent through on a photocopied headed paper when every other piece of communication I had from Citi was on their own coloured headed paper.

 

But proving this would be very difficult if not impossible I would guess!

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Master Chief

Master Chief

Posted
Posted
Hi MC - well guess what I had exactly the same thought too - its a bit suspicious that the NOA was sent through on a photocopied headed paper when every other piece of communication I had from Citi was on their own coloured headed paper.

 

But proving this would be very difficult if not impossible I would guess!

 

Hi Newman,

 

Do you have a smartphone with a barcode scanner app'? Wouldn't mind betting both of those barcodes show your 1st Crud reference number. If they do, why would Citi be quoting 1st cruds reference? Like I say, might not be relevant.

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Master Chief

Master Chief

Posted
Posted (edited)
Does this also apply to pre 2007 agreements, and if so what about the case law that was used before?

 

Hi count, good question is 127 (3) now null and void?????

 

newman, sorry if this is a stupid question, but does your alleged agreement fall under the protection of the CCA 1974 127 (3) or is yours post repeal?

 

MC

Edited by Master Chief
typo

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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