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    • If the judge agrees that they are responsible for the consequences of the poor fitting – then yes, the judge will most likely award the entire amount of £480. There are two things to persuade the judge about: that the gasket blew as a result of the poor installation of the turbo that the cost of the work replacing the gasket was not excessive – in other words it was a reasonable cost. Of course we will support you in that we will give you advice and help you prepare – but of course at the end of the day the case is yours to win or lose. You know that we are thoroughly on your side. As I have said already, it will really help a great deal if you can get some garage mechanics to agree that the poorly fitted turbo would be likely to result in a blown gasket. If you have got the evidence – the old gasket and the bolts – then that will be very helpful. But you will have to do a good statement – and do some pictures. The way to do this statement would be to describe what has happened and then when you come to the turbo, for instance, you put in brackets (picture number one). When you come to the bolts, then you do the same thing (picture number two). Et cetera. That way you have a concise readable statement which references the pictures which should be stapled to the back of it. Also of course you will produce the bolts and the gasket in court. I think what will also be very helpful is the fact that the garage attempted to avoid you and to refuse to deal with you. I don't think the judge will be very impressed by that and this will assist you a great deal.  
    • seems more and more confirmed that Trump appointees delayed and restricted Capitol Police and National guard efforts to address expected Trump(Orange)/white supremacist attack on Capitol Hill     https://www.nytimes.com/live/2021/01/26/us/biden-trump-impeachment
    • there is no template but as you say you saw the FTMDave reply ...
    • think it might need a bit of fluffing out. but look like the basics are there    
    • Good morning DX  good to see you!   i saw the same post too so thank you for sharing!   I am not that great with snotty letters etc, any pointing of where to get an idea/template from?   happy to type something up but I have no directing in which way to take it.   appreciate it!   Gee
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

LINK/IDR Claimform - old Barclaycard debt


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You dont need to do anything by next Thursday

 

" Issue date 27/2 plus 5 for service = 4/3. Add 14 days to acknowledge so you must acknowledge by the 18th March. You then have a further 14 days to file a defence which takes you to 1st April.."

 

You do need to calm down and follow the guidance.

We could do with some help from you.

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Still nothing to report 🙂 Just thought I'd pop in, I think its still on hold in the court though... but I expect as I have heard nothing since my last update its all good.

Really its only been 6 years    Im pretty sure its safe to forget it now.   Andy

Yes but in order to make sure it was there by the 18th I would need to send by next Friday at the latest,

as i'm not sure if i'm going to defend..

 

 

. it all depends what paperwork they come back with,

 

 

if they don't and I take it to the extra 14 days i'm then forced in defending am I?

 

 

or could I then admit if i wanted to and submit the admission form

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You do everything on line using the MCOL service....you dont send anything by post.

We could do with some help from you.

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I have used the MCOL so far..

. but what if i want to admit last minute?

then I have to send the form to the Claimant by the 18th correct?

and this can't be done online I don't think

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It can be done on line you acknowledge service you state your plea you submit your defence (all on line)

We could do with some help from you.

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You are not reliant on whether they respond to your requests on time or not...the purpose of the requests is to put then to strict proof that they can legally enforce the agreement and that you are making a challenge....

 

Follow the guidance we do this 1000s of times a month...I will tell you if and when you need to make a u turn.

 

Regards

 

Andy

We could do with some help from you.

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One of the reasons for not admitting liability for any debt, partial or otherwise is because If the credit agreement has not been provided by IDR as the result of a CCA Request, then you have no way of ascertaining if the contract is legally valid under the CCA 1974.

 

In the absence of this information, you are unwisely, in my opinion, admitting liability for a debt,

that hasn't been proven to exist or one that conforms to the requirements of the CCA 1974.

 

You might be thinking that of course a debt exists!

 

However, for the purposes of the law, the existence of the debt is determined by a credit agreement being furnished by your creditors

and one that is deemed to be properly executed,

hich means its layout and content conforms to what the CCA 1974 prescribes.

 

So be patient

We could do with some help from you.

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they have sent an answer back to my CPR request

 

buying time and harrassing me with big words into folding saying that the template used is rubbish

and that they did not put any of the details I requested on the claim form

 

so therfore my request for them is not needed and

 

if i want to defend it good luck they still have not returned the CCA

 

... Can I PM someone?

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no theres not a need.

 

that's what we would expect from Plink

 

try and bluff you out

 

when in all probability, as always, they have NO LEGALLY ENFORCEABLE agreement

and never did and never will have,

 

type in LINK

in our search of the grey toolbar top right

and have a read of what they get up too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Link not IDR have replied to my CCA request stating that they will have to contact BC to get it and this may take 30 days,

 

obviously this is past the date I need to make my mind up so should I still defend it??

 

I need to make my mind by the weekend really,

 

I would like to as they have disregarded my CPR request and now not supplying my CCA so would this be grounds to defend?

 

In the letter regarding the CPR they were whittling on about increased costs if I defend.

 

.. just in case I lost what roughly would this cost be?

 

also If I do defend can I re assign to a more loacl CC than Northampton?

 

Please advise ASAP

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wrong way around

 

you must always defend regardless

 

them having or not a CCA is THEIR problem not yours

 

they should not be issuing speculative court claims WITHOUT THE CORRECT PAPERWORK

in the first place.

 

 

so you HAVE registered MCOL and selected defendall?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes but still worried about the costs if and only of I lose on a technicality,

 

i'm quite happy to defend forever and go to court every week if needed

 

but if i'm flooging a dead hrose is all the extra stress worth it?

 

I read on here some others that have been through the machine with these guys.

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only because they did not defend all.

 

link rarely have any enforceable paperwork

 

no claimant should be issuing a claim WITHOUT having the paperwork FIRST!

 

its an abuse of process in a way.

 

hoping to get a non contested default judgement.

 

it wont cost you anything more in court costs even if they do [unlikely] 'win'

 

you can only pay what you can PCM £5?

 

you file your defence on time end of

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Lets go for it then IDR :-)

 

Dr Ian Creswell, at Birmingham County Court in January 2010,

defeated an attempt by the debt collection company Phoenix Recoveries to recover money on a credit card from HFC bank.

Judge Worster decided the reconstituted agreement provided to the borrower was inaccurate and invalid

because it had mis-stated the rate of interest actually paid by Dr Creswell.

 

Mr John McCullagh, at Bromley county court in February 2010,

defeated an attempt by MBNA bank to recover £15,753 on his credit card.

The judge said the copy of the agreement supplied by MBNA did not include Mr McCullagh's name and address

and the illegible terms and conditions were "plainly not a copy of those on the original agreement".

 

Mr Nathan Bachellier, at Hastings county court in October 2010,

defeated an attempt by debt recovery company Cabot Financial, to recover £5,908 run up on an MBNA credit card.

Judge Winslett ruled Cabot had failed to produce all the necessary documentation when trying to supply a copy of the agreement,

and that it was illegible, another breach of consumer credit regulations.

 

Ms Margaret Hayes, at Blackpool county court in July 2010, overturned a charging order on her home obtained by HFC bank earlier in the year

in pursuit of a debt of just over £5,000.

Judge Bell agreed that the bank had sent her someone else's agreement, not her own, and that the reconstituted agreement was not accurate.

 

At the Appeal Court in London, in January 2011, Mr Davendra Kotecha overturned an attempt by Phoenix recoveries

to obtain money owed on his HFC bank credit card.

The appeal judges agreed the bank had not been able to supply an accurate copy of his original agreement,

mis-stating both the interest rates and the bank's name, which had originally been Beneficial bank.

 

Mr Sean Murphy, at Oldham county court in February this year,

also defeated a claim from Cabot Financial, for the repayment of £11,953 on his Egg credit card.

The recorder, Nigel Clayton, found the copy of the agreement was illegible in places,

he could not see Mr Murphy's address on it,

nor were there any details of the payment protection insurance premiums Mr Murphy had paid.

 

Mr Scott Paterson, at Doncaster county court in February this year,

defeated Cabot Financial, which was trying to recoup £5,054 he had run up on a Morgan Stanley Dean Witter credit card.

Judge Russell decided the copy of the agreement was illegible,

the terms and conditions were not the ones originally supplied to Mr Paterson

and that Cabot had failed to produce a properly reconstituted document.

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only because they did not defend all.

 

link rarely have any enforceable paperwork

 

no claimant should be issuing a claim WITHOUT having the paperwork FIRST!

 

its an abuse of process in a way.

 

hoping to get a non contested default judgement.

 

it wont cost you anything more in court costs even if they do [unlikely] 'win'

 

you can only pay what you can PCM £5?

 

According to the earlier posts the amount claimed is over the small claims track limit, this is likely to go on the fast track. If it does and the Defendant loses it could cost him thousands in costs. Also, there is no guarantee that the court would order payment at an affordable rate.

 

I'm not trying to suggest that the OP should fold but the above 'advice' is just wrong. The OP deserves to know the risks before proceeding.

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According to the earlier posts the amount claimed is over the small claims track limit, this is likely to go on the fast track. If it does and the Defendant loses it could cost him thousands in costs. Also, there is no guarantee that the court would order payment at an affordable rate.

 

I'm not trying to suggest that the OP should fold but the above 'advice' is just wrong. The OP deserves to know the risks before proceeding.

 

I would appreciate it if another "legal" person could confirm the above.. i'm happy to put them to test but if i did lose I could not afford hundreds in costs.... let alone thousands

...

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Just be patient and wait FF we are along way off trials and costs...we are fully aware that this would be tracked to Fast Track as discussed earlier in the thread.

 

Andy

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Just be patient and wait FF we are along way off trials and costs...we are fully aware that this would be tracked to Fast Track as discussed earlier in the thread.

 

Andy

 

Do you not think it would be nice to mention the risk of costs and confirm what I have said so the OP can make an informed choice? I'm not sure that just ignoring the issue will do the OP any favours in the long run, particularly as he has already been given bad advice on the costs implications which if not corrected could cause a real problem later down the line.

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FF = fish- face :wink:

We could do with some help from you.

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Oh :-)

Andy can you answer regarding courts costs (should and if) I lose, it has been brought up by MJT2013 but has not been answered for some reason...

 

 

. also regarding my defence if that route is followed what do I give my reasons for???

 

 

I only have until this Tuesday to sumbit, or can I still use the 14 days and await the CCA result and then admit if needed without additional penalty?

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Its already been answered in posts by CitizensB and the consequences of Fast Track (claim over 10K).

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Well it hasn't really Andy..

I need to know roughly how much.

. if i did lose... £500? £1000? £5000?

 

 

would you recommend continuing and defending as they have not sent the CCA request,

 

 

i'm totally happy to defend but if it's really 50/50 and the costs are going to be massive...

. I need to send the admit form off by Monday if I am going that route..

or can I still have 14 days and then bin the defence if needed?

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