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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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      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.

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Thanks for all your messages of support. Court at 3pm so will let you all know later.

 

Can someone just tell me what do I need three copies of?

 

I've done:

 

Witness Statement

Supporting Docs

Skeleton Argument

Bill of Costs

 

Is there anything else I need and do I bundle them up 1 for DJ 1 for RW or just keep them all in the file in case someone hasn't got their copy?

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Morning Bev

 

Take 3 copies of everything above, they may not all be needed but always best to have to hand on the day..... take any proof of posting with you too, Robbers have a habit of denying receipt.

 

Oh and a copy of their w/s too, just in case they've forgotten to file it with the application :-)

 

Don't forget your original draft directions [re: dislosure], you want the dj to refer back to the existing request within any order arising from todays hearing

 

Best of luck

 

Gez

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Morning Bev

 

Take 3 copies of everything above, they may not all be needed but always best to have to hand on the day..... take any proof of posting with you too, Robbers have a habit of denying receipt.

 

Oh and a copy of their w/s too, just in case they've forgotten to file it with the application :-)

 

Don't forget your original draft directions [re: dislosure], you want the dj to refer back to the existing request within any order arising from todays hearing

 

Best of luck

 

Gez

 

Hi Gez

 

Didn't expect to see you today :-) Yep got all that. OH called the Court they said it was up to DJ if I could go in as Mckenzie Friend but highly unlikely he will refuse. Got my lever arch file with all my docs and OH has all his notes bullet-pointed so he can refer quickly.

 

That's it I suppose. In the lap of the Gods now. Lets hope DJ is in a good mood :madgrin:

 

Speak to you later

 

Bev

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Keep cool Bev don't be intimidated. Best of luck!

 

Andy

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Hi Bev

 

Lol, I was booked to do the same as you today but it got vacated...... having the day off instead, putting a dent in the sofa and flicking channels on the telly. I suppose I should warm the hoover up and empty the dishwasher before Mrs Gezwee gets home from work :-)

 

Yep, all down to the dj applying the rules today... if it goes belly up [and it is a big if], ask the dj to record his reasons for allowing s/j

 

Gez

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If it is dismissed request the Claimant to re plead their P.o.C also as the amalgamation can only be defended with a more substantial P.o.C and separate documentation.

 

Regards

 

Andy

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If it is dismissed request the Claimant to re plead their P.o.C also as the amalgamation can only be defended with a more substantial P.o.C and separate documentation.

 

Regards

 

Andy

 

Sorry Andy, how d'you mean? If it's dismissed won't that be the end of the matter?

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Sorry Andy, how d'you mean? If it's dismissed won't that be the end of the matter?

 

No, their application for SJ dismissed, if dismissed trial proceeds, if successful (for them) then game over today.

 

Andy

Edited by Andyorch
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We could do with some help from you.

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I'm back.

 

Phew that was scary! First off, the case has been adjourned until the first available date after 13th April.....

 

When we got there, their sol asked to speak to us and basically tried to shoot our defence down in flames. He said that our argument aqbout the amalgamation was rubbish and started spouting Carey which went over both our heads :|

 

Then he said he hadn't seen a copy of our defence so we gave it to him. He rang the lady who wrote their witness statement and was gone for ages. He came out and said they hadn't received our copy of the defence (surprise surprise!).

 

When we got in there, the first thing the DJ said was that he had a question for their sol. He said that the original claim was in the name of RW & Co Ltd and the new bit was in the name of RW and so the claim was invalid. Their sol couldn't answer (and we weren't going to :-)).

 

The Judge gave permission to adjourn so that they could see a copy of our defence. Their sol tried to ask for extra costs because of the adjournment but he disagreed cos he said " how do you know you're going to win?"

 

Anyway, we've got to file an amended defence by 4pm next Friday and they've been ordered to reply to it by 13th April with all the information we've asked for and have never received.

 

It's a small victory but a victory nonetheless as they obviously thought they'd go in and we'd be bang to rights. The judge asked if we had sought legal representation and we said no but their sol said we must have to draft our defence (so thanks Guys :-):-)). So now I'm going to concentrate on my sister's wedding for the next 3 days and throw myself back into it on Sunday.

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Excellent Bev.

 

Now you have had your first taste, nothing to it is there? Sounds like the DJ is going to give them a rough ride, they had better be prepared for round 2.

 

Well done.

 

Regards

 

Andy

We could do with some help from you.

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I certainly don't think it's going to be quite as cut and dried as they first thought. Still worried about the amalgamation thing though. Their sol practically laughed at us when we argued it. He said that it wasn't a strong defence and would never stand up in front of the DJ. Was he just trying to make us doubt ourselves. He also smirked when we said we had never had a copy of a DN or a NoA. he said it wasn't necessary :|:???:. we argued that if that was so then surely we could ring anyone up and say they owed us money because we had bought a debt and he said that that wasn't relevant.

 

I know we now know what to expect but I'm still worried about it :sad:

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There is nothing wrong with the amalgamation providing its assigned that way or the OC involved you in the amalgamation initially and with your agreement.To the OC its one figure one debt wrote off and assigned.The problem is for the assignee to account and verify how the debt is made up.

 

Andy

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Phew, well now at least you can have some rest time and be with the family. Well done for today.

 

Umm, how can they say they didnt receive the defence. The court would have sent them a copy and did they not mention it in their SJ ?

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Phew, well now at least you can have some rest time and be with the family. Well done for today.

 

Umm, how can they say they didnt receive the defence. The court would have sent them a copy and did they not mention it in their SJ ?

 

Sorry, not defence I meant witness statement. Getting myself confused.

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There is nothing wrong with the amalgamation providing its assigned that way or the OC involved you in the amalgamation initially and with your agreement.To the OC its one figure one debt wrote off and assigned.The problem is for the assignee to account and verify how the debt is made up.

 

Andy

 

I think that was the thing because when he came back after speaking to them he said that they'd told him that it was perfectly normal for HSBC to amalgamate and then close the account and sell the debt on. But like you say, fine so long as they tell us first. He wasn't wearing that argument at all and couldn't see why we were so hung up on not having the DN and NoA. We'll just have to hammer the point home in our amended defence.

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Sorry, not defence I meant witness statement. Getting myself confused.

 

 

:lol: Very easy to do :)

 

Well at least they now have a copy of your WS :)

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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He rang the lady who wrote their witness statement and was gone for ages.

 

Hmmm...... my money would be on - first 2 minutes on hold, followed by 20 minutes of tearing her a new a*** :-)

 

Bet she'll be popular when she rocks up at the office tomorrow

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