Jump to content


  • Tweets

  • Posts

    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
  • 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
      • 160 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

1st Stop Recoveries - Claimform old Uncle Buck PDL


Bailey14117
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2757 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

2. I am aware of a company named Uncle Buck Ltd, which I understand to be a ‘payday loan company’ offering quick credit on a short-term basis. I have no recollection of there being monies owed or outstanding to this company. Therefore, I deny the alleged amount claimed.

Link to post
Share on other sites

  • Replies 90
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Ok so I called the court and they have paid the hearing fee. Does this mean they intend to show up.

 

So I'll hand deliver the paperwork to the court today and send off the same recorded delivery to 1st stop recoveries.

 

How do you think the hearing will go?

Link to post
Share on other sites

We can only advise Bailey...not see into the future: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

You're on a winner in the fact that they have failed to comply with the directions for starters...as they have failed to disclose or issue a witness statement then they are prevented from relying on any documents and only able to rely on verbal testimony...which is considered hearsay.

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

Ok so I called the court and they have paid the hearing fee. Does this mean they intend to show up.

 

So I'll hand deliver the paperwork to the court today and send off the same recorded delivery to 1st stop recoveries.

 

How do you think the hearing will go?

 

It's hard to say for sure whether they'll turn up - only time will tell.

 

There's a few possible scenarios that come to mind:

 

They may send a local 'rent-a-solicitor' who will act dumb when asked about the lack of information by the judge. Judge could dismiss the claim or adjourn to a different date and ask the Claimant to make disclosure.

 

They could discontinue after receiving your WS - saving themselves the cost of representation at court.

 

They could disclose something in response to your WS over the next few days - we then re-assess and decide on best course of action.

 

They may try to present stuff on the day - highly unlikely, and the judge shouldn't accept it anyway. But you should object straight away and stress the need to review and respond accordingly.

 

They may turn up and ask to speak to you in private before the hearing. Don't be intimidated. Given the circumstances, I personally wouldn't bother speaking to them as you have little to gain with such a strong case as things stand right now.

 

Again, as things stand, you will not need to say very much at the hearing. The judge will probably see the obvious holes in the Claimant's case and will just get stuck into them. If you do have to say anything, it only needs to be along the lines of - 'I don't know anything about the contract the clamiant refers to. Therefore, it is categorically denied.' If asked whether you dealt with Uncle Buck, just say - 'not that I can remember sir/madam.' Just keep it simple and put any thoughts out of your mind that you're going to be grilled. Deal only in evidence and known facts.

 

Feel free to post up any questions or concerns and we'll do our best to help. Andy is the expert and will keep you on the right track, but I've been in your position and know only too well all the worries that come with this sort of thing. In reality, there's nothing to worry about.

Link to post
Share on other sites

  • 2 weeks later...

With regards to them producing any documents or try to...you must intervene and remind the judge they have failed to comply with any court directions and therefore you request that they be disregarded and are inadmissible.

 

Refresh your self with CPR 3

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03

 

Best of luck and update your thread with the outcome...good or bad

 

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

I don't suppose you've checked with the court whether they've filed anything with them?

 

No but I can do that first thing. They paid the court fee.

Is it worth me calling them in the morning?

 

What f they haven't filed anything?

Link to post
Share on other sites

Yes, definitely still attend whatever the situation.

 

It might be worth you ringing up in the morning just so you know what you're turning up to at the court. Plus, you can also post up here and ask for advice in the event that they've filed but not served the same upon you.

 

They might not even bother turning up, but you just need to prepare yourself for the worst case scenario - that being that they produce something at the hearing. Just state your objections calmly and as confidently as you can. Hopefully Andy will point you to the relevant part of CPR 3 so you can refer to that.

 

Best of luck!

 

Sham

Link to post
Share on other sites

Link now working

 

Power to strike out a statement of case

 

3.4

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2) The court may strike out(GL) a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

© that there has been a failure to comply with a rule, practice direction or court order.

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

  • 3 weeks later...

I have just had a similar experience with 1st Stop & Uncle Buck. One thing I'd advise checking is the alleged Notice of Assignment and Notice of Default - I spotted that the signature supposedly from Uncle Buck was identical to the one supposedly from 1st Stop and that the Default Notice was dated after the Notice of Assignment

 

From web research it seems to me that 1st Stop's approach is to 'carpet bomb' potential defendants using MCOL in the hope that many will simply not respond thus gaining them a judgment in default

 

My case was struck out as they did not turn up to the hearing, which again seems a common occurrence.

 

I have complained to the ICO & FCA - if you are in a similar position please also complain

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...