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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
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dpac123

RBS taking me to court - *Struck Out* ** New claim issued by RBS **

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Good luck dpac

x:)x

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Excellent work Andy. Hope it bears fruit. Good luck dpac.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Is it today ? Best of luck, dpac


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Very bad day! Application dismissed, CCJ awarded against us for £30k + £15k cost. Forthwith judgement so payable in 28 days. Judge said to sort out a payment plan with Eversheds! To say we are gutted is putting it mildly. My concern is losing my house, which I assume could still happen if today's events are anything to go by.

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Oh dear Dpac

 

Grounds for refusing the application?


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Did he not.....if you tried to claim 4 times against a creditor he probably would.

 

Any how....now to sort and secure payment....submit a N245 and complete the I&E and make a proposed monthly payment

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order

 

Your offer of payment should be a realistic easily affordable amount based on your Financial I&E.

 

Stop worrying about losing your house...you have children that reside....never going to happen.

 

Regards

 

Andy


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As the judgment is forthwith I would recommend you get it completed this weekend......they do have a option to reject...hence the suggested realistic offer...if your I&E reflects the same the court can override them and approve.


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You need to make an offer that is realistic and affordable and that does not overstretch you.....has the court/claimant referred to securing the judgment?

 

If not put that aside for now...


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And also dpac are their costs to be summarily assessed or fixed ?


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what is realistic on a debt of £45k? think costs are fixed.

 

What is realistic on your I&E more to the point.


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Well £50 per week or £200 pm will be 18 years...I think that's acceptable by a court/claimant but I don't know what you can comfortably afford.

At the end of the day you can only afford what you can pay.....and they will have to accept.


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I personally think that this is game over dpac...dont waste anymore money trying to defend it....its horrible to lose and to lose to that amount even worse....but you have to put this behind you...sort and finalise payment arrangements and put this behind you and move on.

 

You made them work for it...they only got half of their costs.....


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£200 a month for (effectively) - ever?

 

I'd be getting some insolvency advice before offering anything. You'd be better informed to decide what's best then.

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Well £50 per week or £200 pm will be 18 years...I think that's acceptable by a court/claimant but I don't know what you can comfortably afford.

At the end of the day you can only afford what you can pay.....and they will have to accept.

 

does the claimant have to accept it?

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Oh dpac - what a day. Big hugs my friend

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Well £50 per week or £200 pm will be 18 years...I think that's acceptable by a court/claimant but I don't know what you can comfortably afford.

At the end of the day you can only afford what you can pay.....and they will have to accept.

 

Realistically £100 per month is the max we can do. does the claimant have to accept it or can they challenge it?

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They don't have to accept but you should nevertheless make the offer. If you fail to reach an agreement with them then you can opt for mediation. This is done through the court and can be performed via a conference call. If that fails then the creditor can seek to force the forthwith payment (bankruptcy) given that the judge instructed that a repayment deal be thrashed out you should strain all sinews to try and secure one. Then if it fails and you do end up before the old beak again your efforts will stand you in good stead. You could then apply for a redetermination (I think that's what it's called) which is where you ask a judge to decide the monthly amount. In this case they would have to accept the payment but are likely to ask for a charging order as a quid pro quo

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Realistically £100 per month is the max we can do. does the claimant have to accept it or can they challenge it?

 

Then thats all you offer


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