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    • New figures from the Insolvency Service show that early termination rates of IVAs have dropped 11% in the past year, while total IVAs have risen by almost 20,000 in the past two years. View the full article
    • Amigo Loans has posted an £87m loss for the nine months to December 31 2020, a 289% drop on the same period in 2019 View the full article
    • I've had a brief look over the thread and I see that there principle point is that he didn't take out insurance. Your answer to this is very simple – that it is absurd that you are required to pay to protect them against their own negligence or criminality of their employees or the people who are acting for them – in this case, Hermes.Your point here is that any requirement that a customer is required to pay extra to protect against the breach of contract is unfair within the meaning of the unfair terms provisions of the Consumer Rights Act. Please have a read of the unfair terms provisions of the Consumer Rights Act. In In particular, after you have read the sections within the act itself, get a schedule two and you will see examples of unfair terms. These are nonexhaustive which means that they are simply examples and lots of others can be added. An important point is that it forms a significant imbalance between your interests and their interests. They are using a standard form contract which is nonnegotiable. There is no competition because all the courier industry are doing this so there is no opportunity for you to go elsewhere and get a different type of deal. You will need to point out to the defendant – through the mediator – that included in the unfair terms provisions of the Consumer Rights Act is a provision that gives the court the power – in fact a duty – on its own initiative to examine the fairness or otherwise of any term. Point out to the defendant that if they want to go to court then you are happy about it. That you will then raise the question of unfairness to the judge and also you will invite the judge to look at the entirety of the contract and to pronounce on the fairness or otherwise of the contractual terms. Tell the defendant that you expect that the judge will decide unequivocally that a term of the contract which requires the customer to pay extra to protect themselves against the service providers breach of contract is grossly unfair – and in fact it is ridiculous. Basically they are saying "pay us to deliver your goods – and pay us extra if you don't want us to lose them."   Explain to the defendant that you are fully aware that this is a culture within the courier industry which has developed over 30 or 40 years or more but it's not acceptable and that when you get a judgement in your favour which confirms that the term is unfair, (as will surely happen) that you will then make sure that copies of the judgement find their way all over the Internet including social media that is concerned specifically with complaints against the courier industry and then the game will be up for the loss of them. One the mediator to tell the defendant that once you get this judgement, not only will people be claiming for ongoing lost items, but they will also be claiming retrospectively for legitimate claims which have been rejected on the basis of this unfair term. Make it clear to the mediator – that they should tell the defendant that you're not dealing with very much money here – and you are prepared to risk it all in order to go to court and to demonstrate this principle. If the mediator says that you should compromise then you should tell the mediator that if the defendant pays up in full – including costs and interest – that they will then be spared the problem of going to court and getting a judgement against them which will result in the loss of millions of pounds in the future. Tell the mediator that this is the benefit to the defendant and you are not prepared to hand them any further benefit if it means sacrificing a single penny of your claim. Tell the defendant to take it or leave it – you are happy either way.   It is very important that the defendant understands that you don't care either way whether you settle now mediation or goes to court. The defendant as a huge amount to lose if it goes to court. You have very little to lose  
    • Firstly I am disabled and have brain fog so can forget anything.  Today I went online to check when the MOT is due as just had to renew my car insurance and know it comes quickly after that. I was shocked to see my car was flagged as NOT TAXED.  I have had disability tax for years so dont even have to pay. After ringing DVLA I eventually found out papers had been sent to my old house which I left 3 years ago. With the stress of moving etc I never changed the car address but did change the address on my licence as that is correct.   Now I am worried I may have picked up a speeding ticket sometime in the 3 years and also maybe recently on a day trip to London (2 miles too fast coming out a tunnel). The old house is 150 miles away so cant pop in and no idea who lives there now. Thats how I got caught out with tax as they sent the paperwork there to renew. The lady renewed the tax easily on the computer for me which I was so grateful for and backdated it to 1 Feb. Can anyone tell me how I can find out if there are any tickets out there in my name that I know anything about please? I have had a really awful week with so many problems and this is now really making me feel sick so dont want to worry for months to catch up with me.   Thanks  
    • Presumably you have received your own NIP/s172 request after the lease company identified you as the person the car is leased to?   First thing to say is that, regardless of any questions over the date of the first NIP, you must still reply to your own NIP/s172 within the time limit given otherwise you are committing an entirely separate and more serious offence than any speeding infringement.  If you were the driver you should nominate yourself.   You need to be careful arguing that the first NIP was not sent out in time.  Note that it is only the first NIP that is subject to the 14 day limit, and that NIP needs to go to the Registered Keeper.  There is no time limit on subsequent NIPs.   So are you 100% certain that your lease company is the registered keeper and do you know that for a fact?  Please note that the registered keeper of lease vehicles is often not the lease company, but a finance company.   If the police are saying that the first NIP was sent to the RK within the time limit, you can be 99.99999% certain that they will have evidence proving that fact.  Assuming it was sent out first-class, there is a legal presumption that it was delivered two working days after posting, unless the addressee can prove it was never received.  So if the police are saying the first NIP was sent out within 12 days, the RK would have to prove it was never received within 14 days to provide a defence.  As you might imagine, that is very difficult to prove otherwise everybody would claim it.  Unfortunately, "reminder" NIPs are usually not marked as such and may be indistinguishable from the original.   So you need to confirm (preferably by sight of a copy of the actual V5C document as staff of lease companies do not always know) who the Registered Keeper is, and when they recived the first NIP.  If it was received after 14 days can they prove that fact (eg by a date received stamp and an appropriate system for dealing with mail received) and can they prove that they didn't receive an earlier NIP?   Hope that makes sense!  If it doesn't another poster called Man in the Middle will clarify what I 've not explained well or got wrong.
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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.
       
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      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!
       
       
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Well its balancing on 3 points:-

 

 

Will the court strike out their defence of its own accord or was she just waffling?

If they do you should not need to submit anything.

If they don't you should make application using N244 ...the N225 is for default judgment (which its not) partial admittance (which its not) not for striking out for none compliance of a direction.

 

 

Perhaps make a few more calls tomorrow and try to get a senior or case manager....better for you if they strike their defence out. But they will advise if you need to push it with said application.

We could do with some help from you.

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That's great Andy

 

Many thanks, I will give them a call in the morning and try to get a clearer picture of what they are doing. I am off work now for the rest of the week so can dedicate some time to this rather than sneaking in 5 minutes here and there.

 

Will no doubt be back tomorrow :oops:

 

Thanks again

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Your very welcome ...let me know what transpires.

 

 

Regards

 

 

Andy

We could do with some help from you.

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I have called the court again and was given the same advice as yesterday, which is that the court are striking out MBNAs defence and I need to submit the N225 form to request judgement if I wish to proceed.

 

She has given me an email address to send this form to, but I just need a little help with the finishing it please.

 

Section D judgement details, when listing the amount of claim it says Court fees shown on claim Can I only include the initial £100 for starting the claim? or can I add the £40 DQ fee to this?

 

Many thanks

Up2

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Add the £40...have you added sec69 8% interest up until the date of judgment?

We could do with some help from you.

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Excellent .....I still don't think its the right procedure but there you go time will tell.

We could do with some help from you.

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up2

did you note cpr 3.5 as prev mentioned? i presume that is what you're doing ie request for judgment following auto strike out re non compliance of an order (#80)? is 3.5 applicable? note 3.5 (4) re stating right to judgment has arisen following non compliance of the order (strike out). a bit late now, but did you do that? maybe they'll know that anyway?

anyway, court told you what to do, so if its wrong then is their fault?

IMO

:-):rant:

 

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not sure tbh. if it has been formally auto struck out prior to them dealing with your request then they should hopefully note that anyway? suppose it could depend how particular they decide to be? :)

Edited by Ford

IMO

:-):rant:

 

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Evening all,

 

I have today received the following email from CCBC/MCOL

 

Good afternoon,

 

Thank you for your email. I can confirm that Judgment has now been entered in accordance with your attached request.

 

I hope this assists you with your query, but should you require any further assistance, please do not hesitate to contact us.

 

 

What do I expect next please? Should I start getting my paperwork ready for court as I assume MBNA will try to set aside.

 

Many thanks

Up2

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nice one :)

did you get your costs?

there should be something formal in the post to both parties confirming?

note CPR 3.6 and 3.9 for eg, presuming is judgment after strike out re 3.5? time limit applies, so could wait a bit see what if anything mbna do.

if mbna don't do anything within the deemed 14 days, then you proceed to enforce the judgment.

Edited by Ford

IMO

:-):rant:

 

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Hi Ford,

 

Thanks for popping in.

 

The email is all I have received so far along with an attachment of the N225 I submitted. This has got my costs listed on it.

 

MCOL shows that judgement was issued today but no document to look at so I'm not sure what it will/should say. I will obviously be back when I have something more.

 

Thanks again

Up2

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you both should get formal notification just now. they will then have 14 days from receipt to decide what to do (as per CPR posted above, assuming relevant)

Edited by Ford

IMO

:-):rant:

 

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I have now received a copy of the court form which is headed General Form of Judgment or Order and says :-

 

It is adjudged that

 

The Claimant recover against the Defendant the sum of £xxxx.xx for the debt and interest to date of judgment and £140.00 costs amounting to the sum of £xxxx.xx

 

The Defendant having paid the sum of £0.00

 

It is ordered that the Defendant pay the Claimant the sum of £xxxx.xx forthwith

 

Above Ford has said that MBNA will have 14 days from receipt to decide what to do, so does this mean they will try to set this aside? (I think I'm using the right term) which I assume will then continue onto mediation or court? If somebody could explain for me please using the dummy guide I would be very grateful

 

Many thanks

Up2

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hi

if judgment was as per the Rules noted (3.5), then they should only have 14 days to apply for set aside re a judgment entered after strike out under 3.5 (maybe its n/a?) if re para (1). Otherwise, paragraph (4)?

eg

Setting aside judgment entered after striking out

 

3.6 (1) A party against whom the court has entered judgment under rule 3.5 may apply to the court to set the judgment aside.

(2) An application under paragraph (1) must be made not more than 14 days after the judgment has been served on the party making the application.

(3) If the right to enter judgment had not arisen at the time when judgment was entered, the court must set aside the judgment.

(4) If the application to set aside is made for any other reason, rule 3.9 (relief from sanctions) shall apply.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.6

 

bump for any further input :)

Edited by Ford

IMO

:-):rant:

 

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Many thanks Ford,

 

So, am I right in thinking that in this case 3.6 (1)&(2) apply? Giving MBNA until 28 Jan to apply for it to be set aside? (sorry for sounding thick)

 

If they do, do this then is it transferred to my local court? or is it more form submitting to the CCBC

If I don't hear anything what happens next?

 

Sorry for all the questions but I really need to make sure I know what I have to do to get this right

 

Thanks again

Up2

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assuming judgment was per 3.5 (see the link #117 for the rule), then 3.6 should apply.

if they apply for set aside, then i think it would go to their local court as they are the defendant?

give andy etc a nudge, see what they say?

IMO

:-):rant:

 

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Thanks Ford.

 

I thought that it only went to the Defendants local court if they are a person (not company) Correct

 

I will nudge Andy as suggested and see what he thinks

 

Up2

 

 

Andy

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Well its forthwith so start asking for your money...whether they try to set a side have to wait and see.

We could do with some help from you.

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cheers andy

up2, soz, would be your local ct then.

as andy says, judgment is forthwith, go for it, ask for your money, the judgment order to you didn't say anything about waiting/14 days

Edited by Ford

IMO

:-):rant:

 

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