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    • The Letter of Claim information is not absolutely essential, but it would be useful for two reasons. Firstly, judges take a dim view of companies or individuals who rush to court without giving the other party notice and a chance to settle - the Letter of Claim.  If they didn't send it we could include this point in your defence and it would be detrimental to them. Secondly, we know Countrywide.  They are a very small cowboy company.  The are reluctant to do court, simply becasue they are very bad  at it.  Their record of beating Caggers in front of a judge is exactly 0%.  They have lost every time.  They send the Letter of Claim also to look for people who don't reply, thinking that the person might not reply to a claim form either, giving them an easy default win.  Conclusion - always best to reply to a Letter of Claim and ridicule the PPC's case.
    • Any update here? I ask as we have someone in a similar situation.
    • Thanks!  I already sent the acknowledgement as i panicked and thought today was the last day to respond.  Then i remembered this wonderful forum.  I'll follow the steps in the sticky next.
    • It's possible.  I suffer from ADHD and also anxiety and depression currently and struggle with paperwork.  I'll have a search around to see if i can find anything.  If they did send something I haven't replied.  I thought there's no way that they will pursue this because I know for a fact i didn't park in a private space and the evidence they have sent is so ridiculous.  What impact does this other paperwork have?
    • The particulars of claim doesn’t mention statement of accounts.  Should I include that in the cpr letter?
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like

1st Credit Claimform - Halifax credit card ***Settlement agreed /Claim Struck Out ***


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I would advise you tidy it a little stressed...requires the relevant headings Claimant v Defendant Court Claim number and must be headed Witness Statement of the defendant and your name.

 

Add paragraphs and numbers and space it for easy reading....then I will look at it again.

 

And yes you can seek redress on your PPI and charges should the claimant attain judgment in this claim.

 

Regards

 

Andy

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I think it would be prudent to add a paragraph re the Default /Termination.

 

Why do you have to hand write ?

 

Andy

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Ah I see ...the exhibits...yes its fine to hand write page numbers...kust make sure they connect to your exhibit reference within the main body of your witness statement.

 

" The default notice as per page x does not comply with section 88 of the consumer credit act. (you need to state why and what the deficiencies are) further to this as per pages x to x of statements enclosed by the claimant it is evident that unlawful charges and interest continued to be added to the account after it had been terminated."

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" C. Show and disclose how the claimant is entitled to any of the amount and costs it is claiming."

 

Costs as in issuing the claim...claim costs?

 

Have a look at the WS int the thread below also Stressed.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?439434-MKdp-llp-claimform-old-barclaycard-debt/page3

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Any of the money the claimant is claiming and the costs it is claiming Yes I understand the amount claimed...but costs are yet to be decided and only if they win so why ask them to show and disclose?

 

Do I need to include a background to the claim section? No If I do this do I need to include the original defence etc? No Also is it recommended to include my WS that I used for summary judgement? No

 

Many thanks

 

Andy

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Well its gone now Stressed so little point...not that I have anything to add...except please tell me it didn't finish at......

 

 

A. Show and disclose how the defendant has entered into an agreement

B. Show and disclose how the claimant has reached the amount claimed for

C.

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And finished with your Statement of Truth and dated?

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No you shouldn't nor need to amend your defence.....

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  • 2 weeks later...

Makes no odds if it is your signature...if the agreement is deficient of the prescribed terms...just dress smart Stressed.....and calm down..hold your nerve and be confident...you will be fine.

 

Andy

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Hi Stressed I would regard that as a victory...the claimant did not get judgment.The court will serve on you a General Order and summary of the courts decision.

 

Thread title amended to reflect the outcome....

 

Well done.

 

Regards

 

Andy

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Every claim turns on it own merits Fedup....nice to see you reading up though...knowledge is power.:wink:

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We could do with some help from you.

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