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    • thread title updated please complete this: and post up the defence you filed too    not sure where you got that from... is this the same issue? Logging on to MCOL - is the site down? - Financial Legal Issues - Consumer Action Group  
    • thanks for bothering to update us after all the free help.... dx  
    • Hi all,  I really need to start my own thread on this Claim with Overdales/Lowell for a Cap One debt. but have already got to this stage .. My initial question for the moment - until replies come in - is that I figure my main stance is that a purchased debt cannot be claimed, debts can only be claimed by the original issuer of the debt .. but mediation is about coming to an agreement. would I be acting in bad faith if I enter into mediation yet not seeking to come to a financial agreement? Also, I need to reject the scheduled time slot and ask for another as I'm not going to be free during those hours. The wording of the email gives the impression that I am given this one slot and if I reject it, then I am rejecting mediation - there is no mention of rescheduling, only of freeing up the slot for others .. although, I would have thought it would say so, if there were no possibility to reschedule.. Can I ask for another date without issue? I am happy to post up my defence and start a proper thread? I had a lot on at the time and had to do things right away due to the time limits, so didn't feel I had time to come here and go back and forth for info, put my defence together from reading through relevant threads, late at night. CCA request appears to have been fulfilled (I'm still to check the accuracy of the documents). The other thing, asking solicitors about the particulars of the claim, hasn't .. although I forgot to ask for proof of postage and didn't send recorded post either (whereas the CCA I did), so not sure if I can pursue that easily ..?  
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      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.  

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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.
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      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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ocharged v halifax ***SETTLED IN FULL***


ocharged
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ocharged, for what its worth Royal Mail 'lost' my LBA as well (I sent it Recorded signed for and it never showed up as delivered).

 

After a couple of emails complaining (check the website for address) they apologised a lot, then sent me a book of 12 1st class stamps as a 'sorry!'.

 

Not a fortune I know, but better than nowt and it now means the rest of my letters to Halifax and Barlcaycard go 1st class free!!

 

Good luck with your claim

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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Ocharged did you manage to sort out your spreadsheet & work out your interest?

I rang the court this morning & they said the papers have to be served to the bank by the 21st which is tomorrow so hopefully I will get a nice surprise next week.

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Hi,right I`m nearly there I`ve got my perticulars of claim sorted,I`ve got my list of charges with 8% added,I`ve got my NI forms to fill in.

Do I need to add copies of the letters I have sent to the bank and there responses upto filing court claim or do I just list them with dates and stuff?

Thankyou.

:p
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i didn't send anything else with mine when i handed mine in. i have kept them in a safe place incase it does go to court but at this stage i just sent the claim form in plus spread sheet. If you are taking them to your court office please make sure you hand in 2 copies of your claim form & spread sheet, one for them to send to the bank & one for the courts files. Good Luck

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Hi Aardvark,I went to court yesterday just to get everthing checked and she said everything was fine and correct so I`m going back today to file my claim.I also asked her when my claim would be issued and she told me if I take it in at 10 o clock it would be served today,so thats great.I will keep you all posted.

:p
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Good luck Ocharged, you are very lucky if your court can do it that quick, not like my court that don't seem to know what they are doing half the time. Keep us posted & I will let you know how my claim has gone.

I was watching about it this morning on GMTV, said highest pay out so far was £19,000 so far i think.

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Not long now Ocharged, the waiting is killing me as I haven't recieved anything. Rang the court & they said because I only took 2 copies in they don't send one to me but they say they were served Saturday so we will have to just sit back now & wait.

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The bank have 14 days to respond, mine was served the 21st so they have till 4th November so yours will be around the 8th. I think though ready through other claims its about 5 days to a week after but I suppose it depends on how busy they are.

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What do I do if they defend?I read some other threads just now and people are getting letters saying they will defend but it costs to much so we will pay up,just wondering if thats the way it`s going?Hope so for our sake.I feel so close yet so far if you know what I mean.

:p
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I had letters saying they were going to defend!! still waiting for them to do that hahahaha, no, they paid up before the 28 days were up.

Dont worry about it to much, they are just playing for a few more days, they will pay up soon..

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Hi, just been reading through your thread.

i'm at the same stage as you....very exciting but nerve racking! i have done my claim through MCOL and so it took a few days to get the claim served. Halifax have Acknowledged the claim. should hear somehting pretty soon i hope!!! keep us updated!! GOOD LUCK!!

MCOL filed on 17/10

Deemed served - 23/10

Ack of Service received - 25/10 with intent to defend in full

Defence due - 22/11

Settled in full!!!!!:D 07/11

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Just to let you know, there is no differance, Its a waiting game, & a well worth waiting game too

Just sit back, I know you will feel like its taking forever, but it will all be over in about 28 days, coz the bank could defend, which gives them a bit more time with your money. Then around 2 days before the 28 days are up, Check your bank account I think you will be sing...I won lol

Waits nearly over

  • Haha 1

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Hi i am feeling the excact same way filed summery cause on 20th oct haven't heard a peep not even an acknowledgement from sheriff oh well another day of waiting for the post and checking bank account hope it happens soon for all of us.

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