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    • out of the blue text and email from J&P asking me to make contact regarding ref number.   Plan to adopt same tactic as for last 12 years with CW&D, IRDWW, IDR etc  
    • Spoke to legal which turned out to be the court processing the claim all they could recommend was filling in the plea online and gave me an email so I could attach proof of DD being in place. So going back to DVLA to see if I can get any further explaining what has happened 
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    • Hello I hope someone can give me some advice here, as I am at a bit of a loss on how to proceed. This relates to alleged offences under the RTA. Yesterday I received a notification from the local police of intention to prosecute for the following offences: 1 driving without due care and attention 2 failing to stop at a road traffic accident 3 failing to report a road traffic accident At this stage they have only asked me to say whether I was the driver at the time or not and provided a blank sheet of paper to give information about the incident. Going by the location (just round the corner from where I live) I can only imagine this relating to one recent incident, which wasn't actually an accident but more of a road rage event. I was driving past someone unloading or working next to his lorry which had stopped in the road. I wasn't going fast or anything, while I went by lorry man turned around and punched and kicked my car whilst going past him. I stopped and got out and wanted to know what he thought he was doing punching and kicking my car. He then hurled some verbal abuse at me, swearing and he was quite aggressive. I still didn't know what his problem was and said I would report him to his company for threatening behaviour and vandalism for punching my car. I got my phone and tried to take a photo of his lorry and number plate but at that moment he came right at me, still shouting and swearing, so I was worried he may hit me next, as he already punched my car. I thought if the guy hits me I will come off second best, so I decided to retreat. I quickly got back into my car and left. When I checked my phone later the photo I tried to take was blurred and useless, so I thought it was pointless to report the incident to the police, as the guy would not be traceable. Over that I forgot about it until I got the letter yesterday in the post. This is the only thing I believe this can relate to, but I have no idea based on what the three above allegations come from There was no road traffic accident, more of a road rage incident. So I am at a loss what to do. I have 28 days to respond. Should I just say yes I was the driver and was there and see what happens next, or should I already make a written statement on the attached piece of paper they sent me and send that with it ? Is there anyone here who would have a rough idea what to do next ? I tried my legal advice line through my Union, but they have sent me from pillar to post, now say it needs to go to a different department again and that would be chargeable as the RTA comes under Criminal Law. So any advice would be appreciated Many Thanks
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Darren v Lloyds TSB***WON***


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i dont think i included them in my bundle. My case was a while ago tho so maybe what you send has changed i havent read the bundle posts for a while- sorry bout that was only trying to help!

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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i dont think i included them in my bundle. My case was a while ago tho so maybe what you send has changed i havent read the bundle posts for a while- sorry bout that was only trying to help!

 

Has only really recently been suggested in light of the recent 'Lloyds victory'

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Has only really recently been suggested in light of the recent 'Lloyds victory'

 

thanks for clearing that up :)

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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The current account charges page from the present website will have to do. I can't find the old ones on the archive site anywhere.

 

Off to the post box!!

 

Lets see what happens now..............

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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Oh well,

 

Nothing recieved from Sechiari and Clark.

 

First non compliance letter now away.

 

Another 7 days to wait!!

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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  • 3 weeks later...

Letter recieved from the court today,

 

----------------------------------------------------------------------

 

Upon the courts own initiative, it is ordered that:

 

1. Unless the defendantdo by 4pm on the 22nd June2007 file and serve documents as ordered on 18th April, the defence be struck out without further order and the claimant shall be at liberty to enter judgement for the sum enclosed together with interest to the date of judgement and all court fee paid and the hearing on the 30th July be vacated.

 

2. This order has been made without a hearing under the Courts Case Management Powers contained in part 3 of the cilvil procedures rules and/or without notice to yourself.

 

You may within 7 days of service of this order upon yourself apply to the court to set aside or vary the order under part 3.3(5) civil procedure rules.

 

You must file with the court (serve on the other party) an application which sets out your reasons for objecting to the order.

 

When your application including your reasons for objection to the order are recieved by the court the application will be listed for a hearing unless the court feels this is unnecessary or you require the court to vary the order without a hearing.

 

Dated 6th June 2007.

 

---------------------------------------------------------------------

 

Oh well then! That was recieved after only sending the first non-compliance letter. Hopefully they will screw up again and not send the documents and I can apply for judgement!!

 

22nd of June will tell!!

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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Excellent! Slap in a request for judgement on the 23rd.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 2 weeks later...

Oh well, nowt recieved from them. I've applied for judgement. Hopefully the judge will grant it and then I can send in the bailiffs.............

 

:p

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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  • 2 weeks later...

The court sent me a note saying that the hearing on the 30th July has been vacated. As I was unsure what this meant, I gave them a phone to see if that meant I had judgement. They said no and that I hadn't applied for it. Looks like my judgement request got lost.

 

Another one away in the post. Hopefully hear something more this week.

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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Judgement for claimaint in default!!

 

Yay!!

 

I'll give em' a week then the bailiffs are going in.

 

:p

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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You should write to SCM with a copy to Lloyds registered office giving them 7 days to pay otherwise a warrant will be issued, as here:

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/47207-guido-t-lloyds-tsb-7.html#post921936

 

Worked for me they paid in 6 days.

If I have been helpful please click on my star and add a comment.

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  • 3 weeks later...

Well,

 

No response from them, so managed to get the court to issue a warrant of execution.

 

Then I got a letter from SCM basically saying Lloyds didn't recognise my address and could I forward the correct details.

 

So we'll see what happens now. They have the correct details AND a warrant has been issued against them.

 

Hope this OFT test case doesn't affect me as I already have a valid judgement!!

 

More waiting............

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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Darren

 

I'd appreciate some advice please, I believ you used MCOL to claim, how did you get by without an English address ?. I have a friend who will let me use his address,did this work ok for you ?

 

 

I have just recieved my final letter of rejection from the bank. I have two accounts I wish to claim on.

 

One claim is for 6,000 the other for 3,500.

 

Fos are no longer taking claims.

 

1) So I believe I now have two options, I have a friend in England whose address I can use on MCOL, but I'm a little unsure about going down this road.

 

2) File my claim at the court nearest to Halifax's head office in Halifax, Stevekenevo has done this and been successful.

 

 

Any replies would be greatly appreciated.

 

Cheers

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Hi Grant,

 

I didn't use MCOL. When I sued HBOS I went for contractual interest and the section for the particulars of claim online wasn't big enough. In the end, what I did was complete an N1 form and submitted it to Bournemouth County Court as I have friends in Bournemouth.

 

What I did was supply my friends with lots of stamped addrressed envelopes for them to forward corresponance.

 

However, the court sent everything to me directly in Scotland. I lumped both accounts into the one claim and won by default.....6k....sweet!.....but spent long ago lol.

 

I've just won my second claim against Lloyds and used Bournemouth county Court. I'm just waiting for the bailiffs to go in and get my dough!

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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  • 2 weeks later...

Well it looks like I've won!

 

I got a cheque from SCM the other day for fourteen pounds saying that it was the difference of the previous cheque they issued for £1566.

 

Only thing is......I never recieved a cheque for £1566 !!

 

Gave them a ring, found them very helpful and they said they'd get back to me in 72hrs. They left a message for me at lunchtime today saying that the original cheque issued has not been cashed and that they have now cancelled it. As soon as they recieve confirmation that it is indeed cancelled they will issue me a new one ASAP.

 

In the meantime, I haven't yet cancelled the bailiffs!! Should I? Or should I just wait until the cheque has cleared?

 

Ta..........

 

:p

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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  • 3 weeks later...

Won!! Funds cleared!! I'm rich for another few days lol.

 

Thanks to all..............

 

:p

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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