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    • Here is my claim:   Particulars of Claim I posted the Item at a collection point which I was provided the following tracking number: REDACTED The tracking did not update past the point it was collected from this shop, and I had flagged this up from the 6th. PackLink have offered compensation amounting to £25 which I have refused. They do agree that the parcel is indeed lost, but are not willing to payout the value of which the item sold for. PackLink have refunded me the cost of the label which amounted to £7.08 There is a packlink reference number for this case, which is: REDACTED In essence, PackLink admit they are at fault, but are not willing to compensate me for the full value of the item at its sold price. I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.   Details of claim Amount claimed£1,490.00 Court fee£70.00 Total amount£1,560.00
    • Thanks for your reply, yes they got the items back undamaged.    The police got of to sign the recorded warning but the man in tesco didn't have me sign anything, he just took my name and address,  didn't ask any other questions or say anything about a "fine"   Was just a one off.  I had just lost and buried my 21 year old nephew.  So really wasn't in right frame of mind. Deffo wont be doing that again.  Nearly 30, with a clean record up till now so was a big shock for some stupid items that I had the money to actually pay for.     I'm currently in the processes of being refereed to a therapist. To try and help.    I'll make sure that I update this if I recieve any more letters from them and I'll make sure to keep them. 
    • As you are not out of pocket, I think I would do nothing about the breach of data protection regulations – but simply store it up so that if they come back at you, then you can raise the issue and challenge them. Did you get any information about inspections et cetera? You received a response to one SAR. What did that produce?
    • I'm assuming that the supermarket receive their goods back undamaged. Probably a mistake to shred the letter because you should keep a paper trail of everything – but yes you should ignore it but if anything else arrives then let us know and don't destroy it. Particularly because the police have already been involved, I don't think you have anything else to fear. Presumably they got you to sign something? Obviously you have made a bad judgement call by shoplifting from this supermarket or anywhere else. I don't know if it was a one-off but hopefully you have now had a bit of a shock and maybe it will make you think more carefully about this kind of thing. I think that you want to share this information with somebody – and maybe you should go and see your GP and tell them about it. Also, if you have any trustworthy members of your family then maybe you should let them know what you have done and unburdening yourself is going to be therapeutic – and also may be they will be able to talk to you in a way which will be helpful. Please keep us informed if you hear anything more from DWF
    • so... I am back again     quick recap: I rented a van using Hertz; the clutch burned out after only 6 miles; Hertz tried to get £850 from my c/c (thankfully I used a virtual one); a debt agency sent me a letter asking to pay £1000+ that ignored.   30 days ago I requested an SAR to Hertz and, so far, I have not received anything (no via post nor via email). As far as I know they are obliged to fulfill my request and I don't want to send them a reminder. Can i open a complaint to the ICO? do you advice me to to that or should I wait more time?   Thanks,   L.
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
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      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
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Help - Nationwide trying to stitch me up at court!


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A few months ago I made a SAR. They refused to send it to my home address for 'confidentiality and security' reasons and insisted sending it to a nearby branch instead. After realising I would get nowhere complaining, I picked it up today. It consisted of loose papers and a cd inside an opened plastic postal bag. The cd is so scratched it doesn't play properly. So much for their security and confidentiality!

 

Anyway, it doesn't contain a copy of the original agreement - just page 5 (out of 6) of the application form (so they claim) with my sig on it. For some reason they say they can't find the other 5 pages? I have never made a S78 request as I made a full CPR request prior to proceedings commencing. They have never responded to that request. Can they do that?(claim is under £2000)

 

N

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More recently they wrote to me stating they could not find the original agreement (part of my defence) but instead had a recon, quoting Carey etc

- Does the Carey case mean they can actually get the agreement enforced in court, as they are claiming?

 

Am working on strike out application - hope to finish this evening and will post draft first.

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At last - after a few distractions - here is my first bash at the case for a strike out application.

Strike out application.doc

The bits highlighted red are those which I have done but am not sure about - advice please!

The highlight in green at the end is the bit that summarises my application - is that necessary on the AQ?

I haven't mentioned the agreement. I'm still not sure whether or not the recon they have supplied enables them to enforce the order at court, or does it merely satisfy Sec78 CCA?

 

Thanks for all the brilliant advice - couldn't do it without this great site!

FTOTB

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It looks fine to me . You wont leave the coloured text in when you print this off will you :)

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At last! Here's the application I submitted to court earlier today for summary judgement/strike out based on dodgy default notice. Not sure how far I'll get with it, but it sure sounds good!

 

Application.doc

 

Thanks everyone for your advice. Couldn't have got this far without it.

 

FTOTB

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  • 2 weeks later...

Can someone advise me please??

Having submitted an Application for a strike out/Summary Order, a couple of weeks ago, when I handed it in at the court they told me there was no fee to pay, as the Judge's previous order for the claimant had granted me leave to vary/amend the order. However I have now received a letter saying I must pay a fee 0f £75 for the Application to strike out, before it can be processed. When I contacted the court to ask why the chanege of mind, I was told that they considered my Application for a strike out is considered to be more than a varying/amendment of the previous order.

 

Is this right? Its just that £75 is money I don't have at the moment. (I'm not eligible for any means tested subsidy either) I explained that I am on a DMP but they said that doesn't count.

 

Thanks

F

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I've been reading the latest from Costa's thread, and am now concerned that my case is not as straightforward as I thought.

 

Nationwide issued me with a dodgy DN a year ago (didn't allow 14 days and no date to remedy specified) and then terminated on the back of that. They have subsequently taken me to court and a big part of my defence is the dodgy DN etc. However they recently served me a 'new' DN (in the correct format as it happens) and then obtained a court order allowing them to amend their POC so that they can rely on that DN in their claim (wonder why they did that....). As advised below I submitted an application for summary judgement / strike out based on the dodgy DN argument. I am currently in the process of re-submitting it to include costs, but wonder if I need to amend the application (below) at all, in light of Costa's experience?

 

My other question is, they are seeking to enforce the agreement based on a recon they sent me. I'm awarte the recon satisfies Sec 78 CCA, but does it enable them to get enforcement in court?

 

Thanks

F

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