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    • is response to CPR rules you sent me - my observations are   1)they havent stated under what law/legislation they make a claim, they have mentioned document they rely on but didnt serve it with application as above   2)they didnt serve application or evidence on me ever! court knows this    3)this is a telephone hearing where no oral evidence is to be given , do we do skeleton arguments or court bundle , when do we give to court - order is to only submit evidence in response 7 days before hearing   4) there are /is a document which gives complete defence to the claim, disclosable at trial , so they shouldnt have sought summary judgement a)i have an email from them ,  a deed of guarantee and indemnity (DOGI) was required for guarantee, pre condition to lending b)i have a docusign email sending request to sign this  DOGI document (not attached it was a docusign login) , c)they dont have a copy of it and havent provided under SAR or specific request.  d) anyone who does a DOGI, is not defined as a 'Guarantor' in the agreement, which is not signed in a personal capacity anyway, e)so in the application they rely on loan agreement having a self contained gurantor section, and the fact my name is next to word guarantor (but not signed personally, no statute of frauds anyways)   their definition of a guarantor-"person named in offer letter who enters into this loan agreement to provide a personal guarantee and indemnity. this definition excludes any third party guarantor who enters into a seperate DOGI"
    • Hi Anney.   Let's give this a bit longer. With the best will in the world, altosbestos hasn't been here very long and we don't know much about them. It would be good to know what forum regulars think about what altos is advising.   HB  
    • thanks for that very helpful, ill make some points on it in a minute just wanted to say they never served me application against CPR, i had to obtain off court a copy. They refer in wtiness st - marked as what they rely to support application a paginated bundle PR1 which apparently accompanies the statement, i can see from the references and amount of pages it should be the loan offer and loan agreement, as you would expect.   so i asked court can i have copy of PR1 so i can check, they just got back and said  claimant has never either in electronic database or in paper, served a bundle PR1 with the application,    there said it was claimants job to serve everyone and me- so ask them      i was about to and i had a thought, they havent submitted any evidence in support of their application why remind them !   in theory judge will get to hearing and go where is your evidence of this agreement?   and for the record they are very sloppy and do make major mistakes in their paperwork, so this isnt unusual
    • You can draft the letter before action yourself and send it against the individual that's not giving you clear responses. No need to involve solicitors at this stage.   I would recommend you do it today, start maintaining a paper trail. 
    • Obviously the real proof will come when the contract is revealed.   In the meantime you could write to the DVLA asking who applied for your data back in 2017. And show them the signage where both companies are listed and ask in view of who asked for your details, did the right one apply and what is their view on both companies showing on the sign.   Is this legal and explain that you are in the middle of a Court case and they may be called.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

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We'll never know what Labour would have done though because the great Gordon refused to tell us during the election. We only know what they say now, which is easy as they don't have to do it, and that it was them that dropped us in the sh*t in the first place.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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The mistake was to neglect and negate the importance of keeping manufacturing and more exporting in this country and turning us more into a financial services industry in another Government. One thing also is to encourage philanthropists to help with overseas aid. We need to be more self sufficient now as the world has got smaller and rightly so from a moral point of view, not use cheap labour in other countries to make other countries wealthy.

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so from a moral point of view, not use cheap labour in other countries to make other countries wealthy.

 

Or use cheap labour from other countries to keep our own population out of work?

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Fred, you have a job and a decent income, shut up. Pay your debts and be off...

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"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Well you can probably class me as one of the victims of the cuts. Came into work this morning and found that management are asking for voluntary redundancies! It is by no means attractive and will not be enough to keep the wolf from the door for very long and I will no doubt be joining 500,000 others on an already saturated job market!

 

It doesnt matter what your politics are or who you blame for the cuts as they are all as bad as each other but to be honest 500,000 tax payers being made redundant on the the cheap, then claiming benefits is not going to help the current situation.

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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We'll never know what Labour would have done though because the great Gordon refused to tell us during the election. We only know what they say now, which is easy as they don't have to do it, and that it was them that dropped us in the sh*t in the first place.

 

Was it?

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The financial meltdown is down to the people who have enough money to hide their taxable assets. They should be charged with fraud and be made to pay all their ill-gotten gains and back taxes! Of course this will never happen... they're the people in charge now :roll:

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Was it?

 

Yes.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Fred, you have a job and a decent income, shut up. Pay your debts and be off...

 

Things are OK at the moment BB but I'm not immune to what is happening. I work for a defence contractor and Mrs Bassett in the public sector so who knows? Everyone is worried. Your statement, although I'm sure made in jest, is just a microcosm of what's happening nationally now - we're paying off the debts incurred by Gordon Brown and we all have to suffer.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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To a point I agree, the working and middle classes are not immune to what is going off. I don't think the Con-Dems or their "Chums" are going to be feeling the pinch any time soon. Even during this "economic slowdown" the top 100 richest all got richer, and this is at a time where the poorest are getting poorer. If the richest 5% all paid the taxes they should, there would be no deficit.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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Things are OK at the moment BB but I'm not immune to what is happening. I work for a defence contractor and Mrs Bassett in the public sector so who knows? Everyone is worried. Your statement, although I'm sure made in jest, is just a microcosm of what's happening nationally now - we're paying off the debts incurred by Gordon Brown and we all have to suffer.

 

Always respected you Fred, and always will. I remember a thread not so long back, which caused a lot of (heated) debate. If the s**t that is happening now (which was foretold by many) was Labours fault, then two wrongs don't make a right. Nobody (and I mean NOBODY), voted for a coalition government. If there happened to be a General Election tomorrow.....Labour (for all their faults), would be back in (FACT).

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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If there happened to be a General Election tomorrow.....Labour (for all their faults)' date=' would be back in (FACT).[/quote']

 

You may be right SOD'EM, but Labour too would have to deal with this problem. The difference is that they would pussyfoot around whilst this lot are tackling it head on. I must admit I too feel a bit nervous about the scale of it all and don't have the faintest idea how it's going to end up. I just wouldn't have any trust in Labour to sort this out.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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More than a fair point Fred. I think we should ask Barack Obama to come over and help.

 

 

Wayne Rooney for PM:lol:

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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I dont think this is about party politics, at the root of it all you have a two party system that swings from one to the other however the gap between the policies is becoming smaller and if it wasnt for the fact that they are supposed to be diametrically opposed we may as well call them Conlab or Labcon or *rseholes, even the Liberal democrats who were supposed to be the sensible middle ground are going along with all this in order to power share, however the illusion of shared power is degrading at the edges and it is being seen for what it is really which is vote for what we want and we will make you look like a viable political party.

 

To swing from one to the other has been our lot since the second world war. Neither party has had a clean record when it has come to the countries finances however my argument is that at the moment, the austerity that is being introduced is too hard hitting and far from improving the country's finances, it is going to cause a double dip. Less people working, paying taxes, spending their earnings and more people on benefit...how can that possibly help an already dire situation?

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Neither party has had a clean record when it has come to the countries finances however my argument is that at the moment, the austerity that is being introduced is too hard hitting and far from improving the country's finances, it is going to cause a double dip. Less people working, paying taxes, spending their earnings and more people on benefit...how can that possibly help an already dire situation?

 

This is a very good point indeed.

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My husband was called into the managers office on tuesday and given his letter of redundency,he works in constuction.

 

Yesterday i came across this.............are we being lied to?

To prove this, straight from the horse’s mouth, page 17 of the full Treasury report (para 1.15) states:

Even after these spending cuts, total public spending (Total Managed Expenditure) in 2014-15 will be higher in real terms than in 2008-09. At 41 per cent of GDP, this will be around the same level of public spending as in 2006-07. Spending on public services in 2014-15 will be higher than 2006-07 levels in real terms.

Repeat after me: “total public spending (Total Managed Expenditure) in 2014-15 will be higher in real terms than in 2008-09″. How do they get away with this? “Even after these spending cuts, total public spending … will be higher “. By any real world definition, these cannot be cuts.

I don't completely understand economics.........but this seems very clear to me.

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To swing from one to the other has been our lot since the second world war. Neither party has had a clean record when it has come to the countries finances however my argument is that at the moment, the austerity that is being introduced is too hard hitting and far from improving the country's finances, it is going to cause a double dip. Less people working, paying taxes, spending their earnings and more people on benefit...how can that possibly help an already dire situation?

 

The Conservative Government has never been about helping the working class. In their eyes, People with money deserve it (even if most of them have not earned it), and should keep it or even grow it. regardless of what happens to the majority of people.

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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The Conservative Government has never been about helping the working class. In their eyes' date=' People with money deserve it (even if most of them have not earned it), and should keep it or even grow it. regardless of what happens to the majority of people.[/quote']

 

I agree however the Labour party were no better in the way they were trying to be all things to all people. They realised that they were unelectable if they stayed firm to their socialist roots so tried to be more like the conservatives. Nulabour was really as viable as the spin they put on it. I like so many others woke with real enthusiasm they day Blair won the election in 1997 but I have to be honest since then my support for Labour has all but dried up...however nothing and I mean nothing would provoke me into voting conservative.

 

I just think that Labour and Conservative were both going to make these swinging cuts I just think there would have been a little more spin on the labour flavour!

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Where have you all been these last years??. This deficit was caused by Gordon Brown propping up the totally incompetent banking industry to stop everyone’s world from collapsing around their ears!. By pouring money into industry to stop the inevitable collapse of companies thus creating massive unemployment and reducing interest rates in order to slash the cost of your mortgages in order to keep you in your homes!. This tactic was adopted by every other country in the so called free world with various twists to suit those countries. Alistair Darling also warned us that there would be a price to pay but that would not be paid until the economy was back on a firm footing because to rush into the wrong actions too soon would inevitably push us back into a recession and if you check back you will see that his predictions for growth are pretty well on track.. Before the last election many of us who had suffered at the hands of the ****** tories, and some of us are still paying, tried to warn you about the dangers of putting these cretins back into power. There were many other areas that gormless george and dopey dave could have tackled without firstly creating a rage, amongst their supporters and other braindeads, against anyone who needs help from the benefit system. If the payment of housing beneift is so disgraceful why does gormless george claim £23,500 a year in mortgage interest and his mate dopey dave £20,500 a year for properties that they rarely visit and charge us for the expense of running those properties when they themselves don't use them. Multiply this by 650 and that amounts to a great saving. Why not initiate a massive house building programme using the available labour thus creating jobs, reducing homelessness and bringing in taxes to help with the cost?. Why not stop paying all those people who, like the rats they are, left this country shouting how rotten it is but retaining their passports, just in case - eg Spain last year and still drawing pensions and benefits from this rotten country. Why not make paying taxes compulsory and making avoidance illegal as well as evasion. Why not a windfall tax on estate agents and homeowners who, whilst now name calling Labour, sat on their arses and saw their home increase by 4 and 5 times the greatest rate of increase in history,, all unearned income!. There were many other ways of attacking the deficit other than attacking the poor, weak and defenceless but then that is the measure of your average tory, witness the obscene cheering from those tossers in the commons. Why not tax the media to the hilt because they create the most trouble in this country folowing the maxim " don't let the truth spoil a good story!" ( anyone read any apologies to Tony Blair re: the " murder " of Dr. Kelly?? ). As for those who, apparently get their ideas from the media I feel sorry for you if you cannot work it out for yourself and you need someone to lead you by the nose!. Over to Fred the Bigot...............

 

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Where have you all been these last years??. This deficit was caused by Gordon Brown propping up the totally incompetent banking industry to stop everyone’s world from collapsing around their ears!. By pouring money into industry to stop the inevitable collapse of companies thus creating massive unemployment and reducing interest rates in order to slash the cost of your mortgages in order to keep you in your homes!. This tactic was adopted by every other country in the so called free world with various twists to suit those countries. Alistair Darling also warned us that there would be a price to pay but that would not be paid until the economy was back on a firm footing because to rush into the wrong actions too soon would inevitably push us back into a recession and if you check back you will see that his predictions for growth are pretty well on track.. Before the last election many of us who had suffered at the hands of the ****** tories, and some of us are still paying, tried to warn you about the dangers of putting these cretins back into power. There were many other areas that gormless george and dopey dave could have tackled without firstly creating a rage, amongst their supporters and other braindeads, against anyone who needs help from the benefit system. If the payment of housing beneift is so disgraceful why does gormless george claim £23,500 a year in mortgage interest and his mate dopey dave £20,500 a year for properties that they rarely visit and charge us for the expense of running those properties when they themselves don't use them. Multiply this by 650 and that amounts to a great saving. Why not initiate a massive house building programme using the available labour thus creating jobs, reducing homelessness and bringing in taxes to help with the cost?. Why not stop paying all those people who, like the rats they are, left this country shouting how rotten it is but retaining their passports, just in case - eg Spain last year and still drawing pensions and benefits from this rotten country. Why not make paying taxes compulsory and making avoidance illegal as well as evasion. Why not a windfall tax on estate agents and homeowners who, whilst now name calling Labour, sat on their arses and saw their home increase by 4 and 5 times the greatest rate of increase in history,, all unearned income!. There were many other ways of attacking the deficit other than attacking the poor, weak and defenceless but then that is the measure of your average tory, witness the obscene cheering from those tossers in the commons. Why not tax the media to the hilt because they create the most trouble in this country folowing the maxim " don't let the truth spoil a good story!" ( anyone read any apologies to Tony Blair re: the " murder " of Dr. Kelly?? ). As for those who, apparently get their ideas from the media I feel sorry for you if you cannot work it out for yourself and you need someone to lead you by the nose!. Over to Fred the Bigot...............

 

Tough on paragraphs

 

Tough on the causes of paragraphs

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