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    • A claim was issued against you on 22/04/2024 Your acknowledgment of service was submitted on 06/05/2024 at 13:28:08 Your acknowledgment of service was received on 07/05/2024 at 01:05:18 Your defence was submitted on 23/05/2024 at 21:20:03 Your defence was received on 24/05/2024 at 08:05:43
    • I drove a friends a car for a few days and I used cuvva car insurance to insure myself for the time period. Here's the problem: I made a mistake with the dates on the insurance, I ended up driving uninsured for one day and I got a speeding ticket. My friend named me as the driver on the Notice of Intended Prosecution as she should and I will take the blame of course. Will met police ask for proof that I was in fact driving? I mean, any more other than me replying to the NIP that I will soon receive from them? Cause I assume that my insurance for the day will be the proof that they need... Secondly,  if caught driving uninsured, what will happen please? I read it's £300 and 6 points. Is that all or is it worse? I'm only asking for information from knowledgable people. If you intent to just mock, you're certainly not helping. Thanks
    • Hi, Please find letter sent to BMW with all evidence off issues which is a link from Audi. Unable to share the footage on this forum as I am not the best with tech BMW FAULTY CAR LETTER.docx
    • This is the first item that I've ever claimed for - I don't really send too many parcels, probably 5 in the last 5 years, and only two with P2G / EVRi. I've attached two emails from P2G regarding their requiring the documents. They don't specify in the emails what documents I should be sending, although when opening the claim they were requesting that I needed photographic proof of sending - picture of the parcel with their label attached, in the EVRi ParcelShop. The second email is their closing the enquiry due to my failure to produce said document(s). I haven't yet drafted my claim letter, I wanted to be sure of this document situation first before I began action. But therein lies another problem. Not having a P2G account, I cannot be sure of the item value that I declared. The retail value at the time was £600, which is less than the £650 I paid several months earlier, so I would likely have used that, but cannot be sure. And without having an account I can't check either. But, I know that I did properly declare the item and a value that reflected its then retail price - I was concerned this declaration may have been used to single the item for theft. But now that the retail price has reduced substantially, even though the nature of compensation is to return the claimant back to their original position, without my purchase receipt, I was concerned that I may have to claim for less. And yes, I've been through your huge document store of information, in addition to MoneySavingExpert, Which, Citizens Advice, Gov.uk "make a court claim", my own law books (annoyingly I specialised in consumer law when I studied for my law degree, but I graduated 17 years ago), and so now feel that its time to either act, or drop it. P2G Enquiry (2).pdf P2G Enquiry (1).pdf
    • I have found both forms online  https://assets.publishing.service.gov.uk/media/62e14db38fa8f5649f912647/TE9.pdf https://assets.publishing.service.gov.uk/media/60c73ad0d3bf7f4bd6a9bc69/te7-dart-eng.pdf   do i just fill in both forms and send to the address on them or directly to Manchester council  forgive my ignorance    thanking you in advance 
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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.

      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.

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      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
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Cabot/weightmans - claimform - Moneyway loan , i know nothing about


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You sure that's the Notice of Allocation....should look like the following....

 

N159

 

 

http://wbus.westlaw.co.uk/forms/pdf/cpf00139.pdf

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Ask the court (your local court) ..inform them you have not received the N159 (Notice of Allocation)...ask has it been served?

We could do with some help from you.

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  • 3 weeks later...

andy, I phoned the court and that was received and served.

 

Now, the latest.........

 

I think I have been stiffed!!!!

I have today received a letter from the court.

 

 

If I understand it correctly, the judge has gone in their favour without me having the opportunity to produce the evidence I have and have my say.

 

The letter says:

 

"IT IS ORDERED THAT

 

An order to be hereby granted in the terms of the said Annexed Minutes and that do stand as an order of this court"

 

The annexed minutes it refers to is I presume the copy of the claimants defence, a copy of which was enclosed.

 

I would appreciate it Andy, or anyone else who understands exactly what this means and what I can do about it.

 

 

Can I appeal?

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Without sight of the Order (verbatim) and the Annexed Minutes ...its very difficult to advise lovetobake...if you cant scan them in you will have to type them out (verbatim)

 

Regards

 

Andy

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Its only a response to your defence.....as you have blanked all the dates payments made its hard to determine if its statute barred...only you will know if what they state is fact.

The claim is proceeding.

 

Andy

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Well you state you have received the N159 (Notice of Allocation) that states what will happen from here on...directions ...dates ...etc,

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  • 3 weeks later...

I have now received directions and the judge has ordered that it will be a paperwork only hearing. I have to reply to accept a paper only hearing which I assume will be ok? If I want a proper hearing I have to write back and request one. I have to get my statement in within the next couple of weeks and any evidence.

 

Can I write my statement exactly how it is or do I have to word it in a legal way? if so, would there be a template on here that would give me some indication as I really dont have a clue!

 

thank you

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Paper hearing with regards to what......? The trial date or a CMC (case management conference) ?

 

I personally would want to be in person at any hearing that affects my case.......written evidence hearings do not outline the full matters of a defence.

 

There are no templates LTB for a statement a statement is your personal version of events and evidence that you will rely on in your own words...not something that can be a template.

 

Regards

 

Andy

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If you genuinely had no knowledge of any claim/agreement that could relate to this debt I don't think SB was the way to go. If you are aware of any financial commitmant around that time which could relate to this debt, albeit under a different name from moneyway, I'd be careful you don't dig a big hole yourself.

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Andy it says: "The judge proposes to deal with the claim without a hearing, that is, on papers alone but can only do this if all parties agree"

 

It then goes on to say that I should tell the court whether or not I agree to this by completing the bottom half of the form and send acopy to the claimant. I have already received a copy from weightmans saying they agree to it. I guess it suits them down to the ground so they dont have to attend.

 

What is your thoughts on this Andy, do you think I should say no and request a hearing? I have to do a statement with any evidence as you would a hearing so all I would say is the reasons why I think it is SB and also point out that cabot have failed to produce any paperwork and they letter they sent me says that they cannot obtain a judgement against me.

 

I dont have long to decide which way to go so I need to know the pros and cons so to speak.

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Panther, I hear what you say but it has already been done now.

the reason I put in a SB defence is because I have been married for 20 years

and the claim was issued in my maiden name.

 

 

So, if such a debt did exist, which I seriously think it does unless someone has used my identity,

then it would be SB and they are chancing their luck.

 

I have a letter received recently from Cabot stating that they cannot get a CCA

(to prove that I did actually take out a loan with moneyway)

so they cannot obtain a judgement against me and it is not enforcable

so why the hell are their henchmen going full steam ahead to court.

As I see it, its them who are digging themselves a hole.

 

I think I will ask for a proper hearing and I can explain everything to the judge in person.

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" I think I will ask for a proper hearing and I can explain everything to the judge in person".

 

Probabaly wise.

We could do with some help from you.

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Thank you andy, that is what I am going to do.

 

I have to write to the court and request an Oral hearing,

which I need to do pretty much straight away as there is a very short time scale to do this.

 

Who would I address the letter to

and would I just say following receipt of the Notice of Allocation I request an oral hearing?

 

Do I need to put anything else?

 

Sorry, I seem a little thick but I dont really have much idea.

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Using the notice provided.....

 

" It then goes on to say that I should tell the court whether or not I agree to this by completing the bottom half of the form and send a copy to the claimant."

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  • 3 years later...

So how did this end?

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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as you are now back online with us with another claim

how about updating this one?

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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good correct thank you

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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