Jump to content


  • Tweets

  • Posts

    • best to be sure it is a N279. not that they pull any underhand stunts of course   but we have seen it. your bal is now £0 but we'll still attend court as you'll probably not as we've said we've closed the account and we'll get a judgement by default. dx  
    • Sorry, last bit They had ticked that they wanted the application dealt with without a hearing, so is there any relevance that a date and time to attend said hearing has been sent out ?
    • I've not seen it personally but I think that's the letter Dad has had from Overdales. I'll see it tomorrow. It states balance: zero
    • Agreed as you clearly have little faith in your star runners, mind you - I have less - conditional on the welcher clause I defined being part, and that we are talking about the three defined candidates: Tice Farage and Anderson - not anyone anywhere as reform might (outside chance) get someone decent to run somewhere. If any of the three dont run - they count as a loss.   welcher clause. "If either of us loses and doesn't pay - we agree the site admin will change the welchers avatar permanently to a cows ass - specific cows ass avatar chosen by the winner - with veto by site on any too offensive - requiring another to be chosen  (or of course, DP likely allows you can delete your account and all your worthless posts to cheapskate chicken out and we'll just laugh) "
    • This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that 1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing. 2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim. 3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence. 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024. 6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective. 7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661. 😎 It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.   They have asked for extension Because 2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.
  • 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

Moneyclaim


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6413 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

I would use the spreadsheet here as it works it all out for you. It is not as easy as you think as you are claiming back 8% from when the first charge went on, so if it was 5 years ago it works out how much that is. E.G £30 6 years ago might be worth £13 in interest now.

Link to post
Share on other sites

Help again - getting jittery - do I have to enter all my charge and interest details on to the spreadsheet to work out the 8% interest charge? and do I send this to the courts along with the letter on bank templates and also to the halifax?????? or do I send my original spreadsheet?

Link to post
Share on other sites

Help again - getting jittery - do I have to enter all my charge and interest details on to the spreadsheet to work out the 8% interest charge? and do I send this to the courts along with the letter on bank templates and also to the halifax?????? or do I send my original spreadsheet?

 

Hi if you have used vamps spreadsheet it will work out the interest for you. If they defend the claim you will recieve an AQ this must be returned to the court within7 days include the spreadsheet. Also you send a copy to the banks solicitor at the same time.

Link to post
Share on other sites

Thanks livelylad - on my statements it only says charges as notified but on the spreadsheet it says cleared transactions and unpaid DD - what do i put?

 

Do you know what the charge is ie was it an unpaid DD or SO or bounced cheque. If you know then put that on the SS

Link to post
Share on other sites

I don't know what they are for but they will either be for bounced cheque or direct debit - another question - I put the interest on my statements on the original spreadsheet do I add this to the next spreadsheet?

 

Ok if its for a cheque it should have the cheque number in the transaction column. Please explain what you mean with i put the interest on my statements on the original spreadsheet? Did you add the standard 8% ? I am a little confused by what you mean.

Link to post
Share on other sites

No I didn't put the 8% interest on - just the interest they had debited on my account - it adds up to a total of 66.73 on one a/c and £340.18 on the other - I presume for going over my overdraft because of these charges. I've just looked at my statement and it doesn't specify what the charges were for. Thanks again livelylad.

Link to post
Share on other sites

No I didn't put the 8% interest on - just the interest they had debited on my account - it adds up to a total of 66.73 on one a/c and £340.18 on the other - I presume for going over my overdraft because of these charges. I've just looked at my statement and it doesn't specify what the charges were for. Thanks again livelylad.

 

 

The interest you added was it all because the charges put you over your overdraft or did you use your overdraft as well. If you used the overdraft then you can not claim the full amount back as part of the interest was accrued when you used the overdraft.

 

Can you confirm that all the interest was because of charges putting you over your overdraft. If this is the case then this money is reclaimable.

Link to post
Share on other sites

Help someone please - in my letter to the halifax I have entered all the interest debited on my statements - I'm not sure wether they all refer to the charges that have taken out - shall I just put my moneyclaim in for the actual charges plus the 8% or should I include my interst debited on my statements? How will it look if my orginal claim to the Halifax is different to my court claim?

Link to post
Share on other sites

Help someone please - in my letter to the halifax I have entered all the interest debited on my statements - I'm not sure wether they all refer to the charges that have taken out - shall I just put my moneyclaim in for the actual charges plus the 8% or should I include my interst debited on my statements? How will it look if my orginal claim to the Halifax is different to my court claim?

Link to post
Share on other sites

Pleeasse help someone! desparate to do this moneyclaim but do not want to get it wrong - Help someone please - in my letter to the halifax I have entered all the interest debited on my statements - I'm not sure wether they all refer to the charges that have taken out - shall I just put my moneyclaim in for the actual charges plus the 8% or should I include my interst debited on my statements? How will it look if my orginal claim to the Halifax is different to my court claim?

Link to post
Share on other sites

Guest bluecloud

You can include or exclude pretty much what you like from the schedule of charges.

 

The interest debited on your account can be included as is if you don't have an overdraft. If you do have an overdraft then the calculations get quite complicated and the work required needs to be balanced against the amount you will recover.

 

As long as the final schedule of charges reflects the value of the Court claim and is an accurate list of the charges applied then you shouldn't have any problems.

 

 

.

Link to post
Share on other sites

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours Faithfully

 

When you receive the Notice of Acknowledgement send a copy to the bank’s solicitors.

Link to post
Share on other sites

Guest bluecloud

Dear Sir/Madam

 

Ref: MCOL Claim Number xXXxxxxx

 

The above claim has been filed with the Northampton County Court.

 

Please find enclosed a copy of the Schedule of Charges referred to in the claim.

 

I would be grateful if this Schedule could be attached to the claim.

 

Yours faithfully,

 

 

yada yada yada

 

 

 

Short and sweet but sufficient.

 

 

.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...