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    • Hello, I'm wondering if someone can advise me on something. I'm appealing an order and have been asked to submit an appeal bundle and the below points are required to be included: 1) transcript of the judgment of the lower court on other record of reasons.  2) Statement of case. I'm wondering if anyone knows that "on other record of reasons" means. Also for statement of case would it just be a long document covering the reason for the claim, the findings of the lower court, why it was wrong and what I seek instead?   Thanks,
    • Hello, Thanks for the advice. I asserted my rights to reject and they accepted it and said they will refund me the full amount.  My question now is how long do they usually take to collect the vehicle? I've made it clear that I'm available for them to collect it whenever and I've been told its been passed on to the collections team. I chased it up today as its also raining heavily at the moment.  I just wondered if anyone had any experience on how long they usually take to collect? I'd obviously like it collected as soon as possible as I need to purchase another car.  Is it likely they will drag on the process of collection and what can I do if they do?  Thanks!
    • Why are FCA’s “name and shame” proposals causing a stir?View the full article
    • I am coming back to this thread after receiving a Single envelope containing 2 letters: 1 from Max Recovery telling me that my account was transferred to Drydens Fairfax in 2007 1 from Drydens Fairfax telling me that they are under instruction from their client to seek repayment.   These relate to a Barclays Overdraft from the early 00s, last payment through PayPlan was 04 June 2019, but neither of the letters are from Barclays themselves.   I have informed Drydens in both May 2019 and June 2023 of changes of address. No letters beyond a confirmation of the change and a request for finanical details have been received, which ive ignored.   What i was wanting to know is do i just ignore these as per previous advice? I know that i cant CCA an overdraft debt but what is the usual "plan" for dealing with old overdraft debts? Am i trying to run the clock down until June 2025 when it becomes statue barred?
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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.  

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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.
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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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court options


lauraw78
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I have gone through this whole process and at the stage of taking them to court, I filled out the moneyclaim form but didnt realise I had to pay £150 right there and then, I am in NO financial situation to pay this, seriously, I do not have the money on any card to pay these costs regardless of whether I get them back or not, I just havnt got the money (on benefits also!) so, anyone any ideas on what my options are? Any help would be hugely appreciated.

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If you are on benefits you do not have to pay court costs .Look on moneyclaim as I know it explains about it.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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As far as I'm aware but please go and read what it says in money claim .As you have to apply for exemption .It is faster to pay then reclaim the money but obviously if you are not in the position to do this there will be a delay to you issuing your claim so you need to read up and act on the information ASAP.

If the court is near you it will be easier to do the hard copy version (libary) then take it to the court , please note you need to take 3 copies. Also take a recent letter of your entitlement to benefits .If you haven't got a recent one then request one from DSS as the court refused me until I could produce a recent letter.If you do put your claim in at the local court then it is just as easy as you can request judgements etc over the phone ( so they informed me )

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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so does that mean I can still do it online then? Sorry to be a pain!

 

 

Hi Laura

 

You can't do it through money claim, but you can get the forms online. You can fill them in and print them then post them to your nearest court. I did it this way make sure that you send the form EX160 and proof of benefit (photocopy or scan) with the N1 form.There are detail to help you on the forum.

Hope all goes well.If you need help I am sure we will all try. I have attached the pdf files for you

 

Krystyna

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_1205.pdf

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_eng.pdf

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Hi Laura

 

You can't do it through money claim, but you can get the forms online. You can fill them in and print them then post them to your nearest court. I did it this way make sure that you send the form EX160 and proof of benefit (photocopy or scan) with the N1 form.There are detail to help you on the forum.

Hope all goes well.If you need help I am sure we will all try. I have attached the pdf files for you

 

Krystyna

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_1205.pdf

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_eng.pdf

 

 

Thanks very much for your help, thats great cheers.

=)

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You could always ask lloyds for £150 overdraft amd promise them that you definitely will be paying it back to them real soon.

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  • 12 years later...

This topic was closed on 03/08/19.

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