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    • Thousands more passengers could face delays or cancellations after an arson attack on France's train network on Friday.View the full article
    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
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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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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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New to Money Claim??


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Hi, the help so far has been very helpful but i have a few questions with reguards to money claim as this is all still very new to me!:oops:

 

1) Should i lose moneyclaim will i have to pay any more additional fees other than the origional fee for making the claim? :shock:

 

2) Can i claim for further charges which i have incurred since the last letter i sent to Northern Rock that i havent told them i am claiming for? :confused:

 

3) On the Particulars of the claim um unsure of the interests bits still!! can you please show me your particulars for you claim so i can see what the interest bit should look like! (dont display your account number thought) :-|

 

Thanks

Dave

 

 

If the questions i have asked have helped you please click on the scales so i can try to bulid a good reputation and continue to ask questions to help you! thanks

My Northern Rock (NR) Claim: Payed in FULL :D

My Capital one (Cap1) Claim: Moneyclaim Process :eek:

My Halifax (HFX) Claim: Moneycaim Process :eek:

________________________________________________

________________________________________________

I am NOT a professional, please seek advise from others who are qualified to do so.

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Hi Dave.

 

If you lose,as long as the claim is below £5000 there will be no other costs involved.You lose your £120 fee.And a few teeth when you grind them together with rage.

 

The Moneyclaim Particulars are in the Bank Templates library on this site.Follow my links below.

 

Here is the wording that should fit:

 

Claimant has account (A/C No-sort code) with Defendant from (Date a/c opened) conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from (Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

You put down the total amount without the court fee and interest, then add 8%

Ukaviator

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 3 weeks later...

Hi,

I have started moneyclaim against Northern Rock which moneyclaim shows they have aknowledged and have 28 days to reply, if it goes to court do moneyclaim represent me or do i have to appear in court my self?

 

Also on my moneyclaim online process there is a part which i need to make a decision on (its the SELECT TYPE OF JUDGEMENT bit:confused: ), but im not sure if i have to do this now or do i wait to hear from Northern Rock. Below is the text which i have to choose from :

 

"Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

spacer.gifThe defendant has not filed an admission or defence to my claim

(Judgment by Default)

spacer.gif

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

spacer.gifThe defendant admits that all the money is owed

(Judgment by Admission)

spacer.gif

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request."

 

(taken from the moneyclaim website)

 

Please Help!!!!!!!!

My Northern Rock (NR) Claim: Payed in FULL :D

My Capital one (Cap1) Claim: Moneyclaim Process :eek:

My Halifax (HFX) Claim: Moneycaim Process :eek:

________________________________________________

________________________________________________

I am NOT a professional, please seek advise from others who are qualified to do so.

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