Jump to content


  • Tweets

  • Posts

    • Thanks all. Think I have come to a plan dx please correct me if I am getting you wrong but I am going to go down the route you suggest. simply stop payments for now until I receive a DN and it gets marked on my file. Then contact each lender and start making token payments to each one. i then assume most like they will then at some point sell to DCA. Once they are sold I’ll be coming back to see how best I deal with it.  Let me know if I am making some error in judgment or missing anything with my plan 
    • while politicians trough at subsidised bars and canteens, claim thousaands in expenses while letting out their properties and tories vote to leave UK children hungry That ALL needs to stop
    • J&P Credit Solutions are specialists on debt recovery. Either way they seem to be swapping between the JandP and IDR whatever their exact definitions are.
    • Primary and secondary teachers are supporting pupils with their own money, buying food and warm clothing. Eight in 10 primary teachers in England spending own money to help pupils | Education | The Guardian WWW.THEGUARDIAN.COM Increasing numbers of children hungry and lack adequate clothing, with two-thirds of secondary teachers also supporting pupils  
    • I googled "prescribed disability" to see where it is defined for the purposes of S.92. I found HMRC's definition, which included deafness. I don't  think anyone is saying deaf people cant drive, though! digging deeper,  Is it that “prescribed disability” (for the purposes of S.88 and S.92) is defined at: The Motor Vehicles (Driving Licences) Regulations 1999 WWW.LEGISLATION.GOV.UK These Regulations consolidate with amendments the Motor Vehicles (Driving Licences) Regulations 1996...   ….. and sleep apnoea / increased daytime sleepiness is NOT included there directly as a condition but only becomes prescribed under “liability to sudden attacks of disabling giddiness or fainting” (but falling asleep isn't fainting!), so it isn’t defined there as a “prescribed disability”  Yet, under S.92(2)(b) RTA 1988 “ any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public" So (IMHO) sleep apnea / daytime sleepiness MIGHT be a prescribed disability, but only if it causes likelihood of "driving being a source of danger to the public" : which is where meeting / not meeting the medical standard of fitness to drive comes into play?  
  • Recommended Topics

  • Our picks

    • 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
  • Recommended Topics

Carter - claimform - old Ambrose Wilson JDW Cat 'debt'***Claim Dismissed***


mashmallow
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3273 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

its totally wrong

this could be fun in court andy?

 

 

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... 

Link to post
Share on other sites

  • Replies 156
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

The statement made is based on an agreement that has no connection with the claim...therefore their evidence is invalid and flawed.

Ask the court to force them to disclose the correct agreement or strike the claim out and stop wasting courts time.

 

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 OTHER

 

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Andy,

 

I pointed the paragraph to the judge re the HBSO and even he said something is not right when the debt was with AW/JD he has given me a further court date and I have to do statement requiring further evidence of HBSO as it did not read right?????

 

Maybe you could assist me with this as I am not very good at stating my case,

 

Thanks

 

Mashmalow

Link to post
Share on other sites

Sounds like this judge is on the ball......considering they have submitted the wrong agreement:roll:

 

Why do you have to do a statement ...surely they have to resubmit a fresh statement and a copy of the correct agreement?

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 OTHER

 

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Andy,

 

I will have to wait for further correspondence from the court and then maybe submit a defence again not sure about all this, I will keep you posted.

 

Once again Have a Good One and all the best to you and DX for helping me so far.

 

XXXXXX

 

Mashmallow

Link to post
Share on other sites

  • 2 weeks later...

Andy,

 

Just received a general form of judgment order from the court stating that parties do file and serve witness statement together with copies of relevant document by 30th Jan 2015.

 

I know I have to file a witness statement and send relevant documents, please could you tell me what I send and what I should put down as my witness statement. I would be very grateful for your time in this matter.

 

Kind regards,

 

Mashmallow

 

 

Happy 2015

Link to post
Share on other sites

Just adapt your defence into the Witness Statement...add the events from your hearing...state that the claimant has produced an agreement that has no connection with their claim,,,very little you can state in reality since your defence.

 

As for disclosure you just disclose your CPR and CCA requests and responses.

 

I doubt very much that the claimant will respond or disclose...so expect a Notice of Discontinuance before the 30th

 

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 OTHER

 

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Requires a little more work Mash...start by stating who you are and that this is your witness statement as litigant and you will state as follows.......Begin with the claimant issuing a claim dated xxxx for an the alleged debt and then move into the requests you have made CPR/CCA and their responses...then into the hearing and what they produced and what the Judge as stated should be done and disclosed by xxxxxxx.

 

I would go as far as stating that they failed to comply with these directions (I doubt very much they will be able to by the time you submit this WS) and then conclude until such time the claimant can disclose the true agreement in connection with the debt that the court should dismiss this claim and award fixed costs to you the defendant.

 

You must finish a WS with the paragraph " I believe that the contents of this statement are true to the best of my knowledge and belief "

 

Have another go and Ill give it the once over.

 

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 OTHER

 

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Andy,

 

Here is the amended one I hope it is a bit more representable.

 

I await to hear from you

 

Regards

 

Mashmallow

 

Andy sorry for the previous it is the wrong attachment, computer is playing up I will try again.

 

Thanks

 

 

Mashmallow

Link to post
Share on other sites

Yes and they should recipricate

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 OTHER

 

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 weeks later...

Please do mash...redact anything identifiable.

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 OTHER

 

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 1 month later...

Original date of account opening was 26/3/07 for the amount of £484.00

 

Hi Mash

 

You will note that they conveniently forget to refer to the date of the agreement within their witness statement ...the reason being that as this is a pre April 2007 a reconstituted version can not be relied upon for enforcement purposes...only in responding to a section 77/78 request...therefore their witness statement is flawed.

 

Did you not enclose payment of the statuary £1.00 payment?

 

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 OTHER

 

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Not really because they have complied anyway...even though its not valid:wink:

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 OTHER

 

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 months later...

Andy,

 

 

Court date is nearing shall I just tell the Judge what you have told me and hopefully it will get thrown out???? Please let me know, panicking a bit.

 

 

Thanks

 

 

 

 

Mashmallow

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...