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    • I'm not sure on the best option here, I'm happy to go with Tomlin, however I can afford to pay this one in full if needed and wonder whether I should be trying to get a reduced amount, perhaps in the court hallway before going in? that would require submitting a WS of some sort. What I 'like' (strong word) about TO in this instance, is that it allows me to keep my savings to hand for further accounts needing attention in the near future and I would hope gives me some control over the pcm amount.. I've read a number of TO threads now (fell to sleep at the keyboard last night ) but have a few questions please: - Do I specify the payment arrangement in a TO or the claimant? I'm thinking 20% lump upfront plus 96 months of circa 60 squid. - Who decides repayment amounts if CCJ is granted? if the judge, then do I submit I&E at any point? Given the amount of total debt across all my claims, I need to ensure anything I commit to is future proofed. I wouldn't want all my disposable income sent to this one debt, only to have another one in a month or two.
    • I'm sure I've said before that it's fine and dandy bringing in rules that favour you or your party, but you have to consider how it would play out if your opponents get in and want to use the same rules...
    • Its Gaelic celebration and bonfires today - Beltane Quite fortuitous for tomorrow lets hope
    • look on the bright side - it would allow Biden to do what he likes ...
    • Few tweaks as the run order was completely messed up and the main point of your defence (reconstituted agreement) pushed to the bottom of the statement.   I, XXXXXX, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in this claim and further to my set aside application dated 1 November 2022. 1.The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts in person in the opening paragraph. It is my understanding they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 2.  I understand that the claimant is an Assignee, a buyer of defunct or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment. 3. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights.  This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information).  The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 4.  I became aware of original Judgement following a routine credit check on or around 14th September 2020. 5. The alleged letter of claim dated 7 January 2020 was served to a previous address which I moved out of in 2018, no effort was made to ascertain my correct address.  I have attached a copy of my tenancy agreement which is marked ‘Appendix 1’ and shows I was residing at a difference address as of 11 December 2018 and was therefore not at the service address at the time the proceedings were served.  I have also attached an email from my solicitors to the Claimants solicitors dated 14 July 2022 which was sent to them requesting that they disclose the trace of evidence they utilised prior to issuing the proceedings against me.  This is marked ‘Appendix 2’. The claimants solicitors did not provide me with these documents. 6. Under The Pre-Action Protocol for Debt Claims 2017 a Debt Buyer must undertake all reasonable enquiries to ensure the correct address of a debtor, this can be as simple as a credit file search. The Claimant failed to carry out such basic checks. Subsequently all letters prior to and including ,The Pre action Protocol letter of claim dated 7 January 2020 and the claim form dated 14th February 2020 were all served to a previous address which I moved out of in 2018. 7. Upon the discovery of the Judgement debt, I made immediate contact with the Court and the Claimant Solicitors, putting them on notice that I was making investigations in relation to the Judgement debt as it was not familiar to me.  I asked them to provide me with a copy of the original loan agreement but this was not provided to me.   The correspondence to the Claimant Solicitor's is attached and marked ‘Appendix 3’ 8. On (insert date) I successfully made application to set a side the judgment. The claim proceeded to allocation, 9. The claimant failed to comply with the additional directions ordered by District Judge Davis on the 2 February 2024 'The Claim shall be automatically struck out at 4pm on 3 April 2024 unless the Claimant delivers to the Court and to the Defendant the following documents.' None of these documents were received by the court nor the defendant by that date. (insert date you did receive the documents) I then sent a Data Subject Access Request to Barclays but no agreement was provided. Details the timeline of communication between myself and Barclays are attached and marked ‘Appendix 4’and the copies of correspondence between myself and Barclays are attached and marked ‘Appendix 5’. Remove irrelevant 10.The claimant relies upon and has exhibited a reconstituted version of the alleged agreement. It is again denied that I have ever entered into an agreement with Barclaycard on or around 2000.  It is admitted that I did hold other credit agreements with other creditors and as such should this be a debt that was assigned to Barclaycard from another brand therefore the reconstituted agreement disclosed is invalid being pre April 2007 and not legally enforceable pursuant to HHJ Judge Waksman in Carey v HSBC 2009 EWHC3417.  Details of this are attached and marked ‘Appendix 6’. The original credit agreement must be provided along with any reconstituted version on a modified credit agreement and must contain the names and address of debtor and creditor, agreement number and cancelation clause. 11. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not mislead the court. 12. It is denied I have ever received a default Notice pursuant to sec 87(1) CCA1974.The claimant is put to strict proof to evidence from the original creditors internal document software the trigger of said notice.  13.   As per CPR 1.4(2)(a) the court encourages parties to cooperate with each other in the conduct of proceedings in order to try and save time and costs for the parties and to also save the time and resources of the court however, despite vast attempts at mediation the claimants have been most unreasonable and have remained unwilling to mediate. 14. Until such time the claimant can comply and disclose a true executed copy of the original assigned agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Signed                 ………………………………………………….. Name                  XXXX Date                     30 April 2024   Run 3 copies Court /Claimants Sol/File
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi all :)

 

OK, in Feb this year my son bought for me a Nexus 7 tablet as a random present and in May I decided to insure it with Protect Your Bubble for pennies a week, £3.49 a month which I thought was great value.

 

I drop it I can claim, lose it I can claim, sit on it and I can claim.

 

I hadn't used it for a while so went to it and discovered the screen was smashed like something had been dropped on it :!::|

 

So I rang them and thought everything was reasonably straight forward, they wanted the serial number, date of purchase, how much it cost and all the usual grab. Now as it was an on line purchase Google sent an Email receipt showing all the relevant details - Name, address, order number, transaction number and so on so I thought all was good.

 

I was asked to forward this to PYB at their claims email address which I did and heard nothing. So I called them back to be told "Sorry, we can't accept a forwarded email. Print it out and send it to this address" which I did.

 

Next call was "Sorry, but that's a text file and we can only accept digital PDF files as proof of purchase" So I printed out the Email again, scanned it, saved it as a PDF and sent it to them. This still wasn't good enough, they then changed the goal posts to they wanted a PDF file from Google showing the receipt and wouldn't accept anything else.

 

Now I'm not having a go at Google here as they were brilliant, but they can't do this as it's not their policy. As far as they're concerned if the unit develops a fault within the warranty they'd access that and action a repair/replacement based on the manufacturers warranty.

 

Having explained this to PYB, I was told by an arrogant manager that Google are WRONG and they can do this no problems at all despite my being told directly by them, (Google), that they would not.

 

I argued this and asked how they could be so sure that any receipt, even as a PDF wasn't a forgery as I could reset all the Metadata myself and edit the document to show whatever I wanted. I was then told that if I bought it from a shop then I'd have to scan the till receipt along with the card receipt, save it as a PDF and then they'd accept this. I challenged them on what the difference is given all the transaction codes can be traced anyway on the information they have but they still weren't accepting it.

 

In short, I found this company does all it can to avoid claims by making up stupid rules that make absolutely no sense what so ever, (sorry but they can easily check with Google is the transaction codes are authentic without breaching data protection), so I made a few choice comments and hung up.

 

As I paid the premiums by direct debit I got in touch with my bank and in accordance with the direct debit guarantee they are reversing all the debits to PYB over the last few months and putting the money back into my account so I've lost nothing.

 

So folks, there's more than one way to skin a cat! If you have paid by Direct Debit and are running into a refusal to deal with a claim then contact your bank and have the funds removed from their account by electronic force.

 

If you have paid in one go by debit card, your banks fraud department will look at the case and because you have paid for a service you haven't received then they can and will reverse the transactions.

 

If you have paid by credit card, you can ask your card company to invoke Section 75 and have the transaction reversed.

 

In short, if you don't get what you've paid for then you can get your money back through your bank or credit card. Yes it's costly as you have to replace/repair your item yourself but it's far better than having to pay for "insurance" which isn't worth the electronic paper it's written on and having to replace/repair the item yourself.

 

This company needs to be hit hard where it hurts and putting out of business because of its unreasonable and atrocious practices. It's nothing short of con artist stagnant pond life with the way it behaves and the unbelievable excuses it comes up with for not dealing with claims are not acceptable on any level.

 

I really hope this helps a few people out there who have been ripped off by these [problem]mers.

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Could always get trading standards involved and consider legal action.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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You should have either gone to the FOS or issued a court claim against them.

 

Instead you have allowed them a way out, by claiming your premiums back,which is you rejecting the contract late in the day.

 

These gadget type Insurers are all the same. Because they charge such small premiums, they have to reject a percentage of claims or will frustrate as many as they can.

We could do with some help from you.

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Fair comment about offering them away out and to be honest it's only £13.96 I got back via the bank ........ BUT .......

 

If everyone they did this sort of thing to got their money back it wouldn't be long before these [pejorative term removed] went down in flames and had the official receiver banging on the door shutting them down. Think about it, 100 people paying what I paid running into the wall I ran into and claiming back what I paid is £1,396.00, 1,000 people is £13,960 and as word get around about their practices people will bail and seek insurance cover elsewhere taking even more money out of their pocket. It's a snowball effect and to my mind PYB is reaping what it sow's, you can't take peoples money, promise a service then use lame excuses to get out of delivering that service.

 

I have made an official complaint with the FSO which is in hand, I'll be contacting Trading Standards tomorrow and making another official complaint against PYB as their practices are bang out of order. They're very clearly not offering the service you're buying and are [edited] people off. With respect to County Court proceedings, I'll be issuing those against PYB for my time, (£45 an hour), and the cost of all the phone calls I've made under the umbrella or being put back into the position as though I'd never taken out the policy in the first place.

 

I'm going after these people hard for rude, unhelpful customer services and promising something they simply refuse to deliver.

Edited by honeybee13
Pejorative terms removed.
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Update:

 

I have contacted Trading Standards who say that because they are an insurance company, they do not fall under trading standards and so directed me to the FSO.

 

Do you mean the FOS ??

 

You might also want to make a complaint to the FCA (previously the FSA) - they appear more user friendly and appear to want to hear from the public whereas the FSA were too chummy with the industry.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Agreed with CB. FCA seem to be taking a hardline approach to errant creditors and DCA's. Whether it lasts.. who knows. But you need to get in on it while they arent taking any crap from anyone.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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