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    • Thousands more passengers could face delays or cancellations after an arson attack on France's train network on Friday.View the full article
    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
    • Rachel Reeves is set to reveal a public finances shortfall of billions on pounds after a snap audit.View the full article
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    • 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.

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      Many thanks 
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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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Need some advice!!


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Hi guys,

 

Okay so I am 22 and I am in debt.

All of these debts relate back to a few years ago when basically going out to clubs and bars and getting off my face on drink and in some instances more was basically my life. To fund this lifestyle wages alone did not cover it so payday loans were acquired.

 

In 2007 arguably two of my biggest ever mistakes happened.. 1. I purchased a £6k car on HP 2. I crashed this drink driving running from the police.

In return I lost my job, was banned from driving for two years, issued with a community order and had my car reposed.

 

The repossessed car was sold and in it's condition reached around £3.5k at auction so although I no longer had the car I still had a debt with them, this has now turned into a CCJ.

 

I stupidly didn't respond to the CCJ letter that was initially sent by the court the company was then awarded a CCJ against me for £4500 and I was ordered to pay costs of £350 a month.

 

I also have other debts amounting to around £9000 in all I estimate.

 

The first payment on this CCJ is due in a day or so and there is no way I can afford £350 p/m, if I cannot pay this I know the company will go back to the court with they now issuing a charging order and let my employers know?

 

I really am not sure what to do next I want to clear myself complete of debts I have made lots of silly mistakes. I earn about £1300 a month now £450 goes on rent, £110 goes on a loan for another car and £140 goes on insurance so £700 is gone before anything.

 

What options do I have on the CCJ if I cannot afford the monthly payments that the court have asked me to pay? Is there anything I can do to stop my employers finding out? I am on the verge of a promotion which will see my take home pay increase to about £1500 p/m and I really don't want to risk this.

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What options do I have on the CCJ if I cannot afford the monthly payments that the court have asked me to pay?
You can apply to the court for a redetermination order http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10013083

 

What to do if you can't pay

 

If you pay nothing, or don't keep up with the payments, the creditor can ask the court to take steps to make you pay, in which case you may have to pay more costs.

 

If you genuinely can't pay, you can ask the court to:

change the amount of the regular payments you are supposed to pay (known as an instalment order) - you can apply on a special court form called an N245

suspend the order until you can afford to pay - you can apply using application form called an N244

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