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    • that was a good saving on an £8k debt dx
    • Find out how the UK general elections works, how to register to vote, and what to do on voting day.View the full article
    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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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.

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      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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Bt - help!!!! - fraud?


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Ok, we have Bt vision at home well we did! had worked fine charged between 30-40 a month for bt vision (TV), broadband and calls, so bill fluctuates depends on calls but never over £40! on sunday went to record a program on our bt vision and record facility wouldnt work, tried lots of ways wouldnt work, called BT talked through lots of options told to reset the system loosing everything recorded etc. BT said they would call back in an hour as reset takes a while, no-one called back!System wiped it still wouldnt work as no-one called we called BT again reporting the issue and told their was a problem with our account (been cancelled) we checked bank statements etc funds had been taken so asked why it had been cancelled to be told it had been cancelled on the 22nd june 2012 by a staff member at BT, i stated i hadnt called in to cancel it etc and this was confirmed by the BT staff member, infact the BT staff confirmed i hadnt made any contact with BT and the cancellation was all internal by a BT member of staff and i had made no contact (which i knew) I asked who had done this and on whos authority they only said it was an internal issue and wouldnt name the person.I then fished further and was told my account had been upgraded to BT infinity on the 22nd june again internally by a BT member of staff with NO communication or authority from myself.!I checked my bank statement with my bank and the direct debit to BT first opportunity monday to be told £118:62 had been take by BT on checking my online BT bill I had been invoiced for an Infinity upgrade and equipment, not that ive had any equipment etc, So another call to BT and again told that it appears to be a training issue, I hadnt requested the upgrade had made NO communication and they would call back tuesday between 4.30pm at 8pm i expressed concern that no-one would call and was re-assured they would, no-one called! I called again and was told it was being investigated I said ok not my problem please refund me asap and conduct your investigation in your own time its of no interest to meAgain promised a call back by BT again nothing!What can i do and what laws are they breaking?Think a strict letter in order but to whom and what laws can i quote as everytime you call you get through to a call centre in india where they obviously just take calls for all manner of customers and have no knowledge whatsoever.

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Hi it's really not beneficial to start quoting laws etc, Just formulate

FORMAL COMPLAINT to THE CEO

lay out exactly was has happened clearly and concisely, days, date and times,

names iof BT staff tou have spoken to.

Then lay down what you expect them to do to remedy the situation.

You'll get far better results this way.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Who have you been speaking to,customer (dis) services who have

no power or inclination to get things right?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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well complaints department there complaints deparment were due to call me back still havent this has been on-going since sunday, they should be prosecuted under trade descriptions act, british telecom? not much british going on..... it seems all BT do is pass the buck, but admit there in the wrong then do nothing about it its so frustrating in my business customer service is key, shame BT dont practise the same

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Go for Ian Livingstone address the letter Strictly Private and Confiential

and send RD.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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