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    • Hi,   Like Filrobbo I finally had some success with reclaiming against KJK investments I eventually had to use a pension claims specialist but  in the end but after 10 years of banging my head against a wall the FSCS have finally awarded me compensation for my loss and terrible investing from KJK. Anyone who is trying to regain their lost pensions, keep going.
    • Ok so helping a Male friend.    Friend and daughter 16, he has full custody of her, was due to flight out for a holiday to Spain for Christmas. The Spanish government, along with a list of other countries, said they were banning UK flights over a new strain of Covid. They did not know until they got to airport as they were due to fly on the 22nd first flight of day. I have searched and cant find anywhere to say the the UK Government/foreign office closing air travel.    Wizz air rep was useless just told them to contact Wizz air as they cant fly. Friend contacted Wizz air who said well the flight is still going ahead so you fly or you cancel. Wizz air did not budge so they had to cancel. Was not a package deal but the hotel has cancelled and refunded without any problems within a few hours of request. Flight went ahead Wizz air still not budged re flights and insisting they were cancelled and a fee is to be paid.   They have been arguing for months over the refund. He is still waiting and feels its unfair that he is waiting months for a refund when not his fault and that he has to pay a cancellation fee for the flight when it was the Spanish government that closed the boarders to all but citizens. He is not saying he does not understand why just he could have been treated better. Money went out quick enough but cant press a button to refund him.   He has been to the CAB but found them utterly useless. What are his rights on the cancellation and what legal argument can he use. He has thrown at them lots of phone calls, yes l have told him to stay of the phone but he wont listen to me on that and as he is big enough to know better but then stuck between a rock and hard place.    Oh and just so you all know they did not go without a few presents and Christmas dinner. They came and Socially distanced collect a care package from me containing food the presents l had brought them already and a little extra.   
    • I've had to hide your last post.  You left both the PCN no. and the vehicle registration no. showing in both PCNs.  Please redact & upload again.
    • @BankFodderI've made some slight tweaks to the letter, would appreciate your thoughts....  also I'm not sure to keep the bits in bold - what do you think? /-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-   I am the executor of my father’s will and as such I have authority to bring legal proceedings against you on behalf of his estate.   On 2 September 2019 my father bought a Jaguar XF  3.0d V6 vehicle, registration number XXXX XXX, from you.   You know all the basic facts but for the record I'm setting them out here for your information and for the benefit of the court.   ·        My father purchased the car from you in September 2019, however the car was not collected until October 2019. ·      In less than two weeks of having the car, it started to demonstrate some serious defects and as a result the car was returned to you to repair the electrical faults. ·      The car was returned to my father in late January 2020, with the repair still outstanding, despite the fact that you had the car ostensibly to carry out precisely this repair. ·     My father made various attempts to contact you and to discuss the matter with you. In March 2020, a full six months after the purchase of the vehicle, you collected the vehicle ostensibly once again to carry out the repair of the electrical fault. ·       The car was eventually returned to my father six months later in August 2020. It seemed the original electrical fault had been repaired, however upon return of the vehicle, a further fault then presented itself whilst under your possession, in the form of a loud ticking noise from the engine. ·        You commented that you had topped the engine with oil as it had been running low, and your only suggestion was to take the car on a long drive. ·       My father followed your instructions, and this did not resolve the problem. Still in August 2020, the car was returned to you for further inspection and repair. ·         Since August 2020 you have been in possession of the car and apparently the repairs are still outstanding. There have been extensive exchanges between yourself and my father by text message and phone calls and you have informed my father that the repairs were still outstanding and in fact the car is now in an undriveable state. ·         As you are aware, my father died in January 2021 and myself and other members of my family have attempted to contact you to return the vehicle. There has been extensive exchanges between you and I, by text messages and phone calls, regarding the attempted and outstanding repairs of the car. ·         We have asked you repeatedly to advise us of the location of the car together with photographs so that we can make our own assessment and possibly carry out our own inspection and you have not provided any of this information. ·         You have given us various excuses such as, the car is awaiting parts to be fitted, the car needs new parts (turbo charger, crankshaft), the parts are being sent for re-conditioning, to most recently the car needing a new engine, but again we have not been permitted to visit the vehicle to carry out any inspection or to assess the situation for ourselves. ·         I have previously asked for access to the vehicle, and you have refused this, so I have been unable to understand the condition of the vehicle as it is now. In addition, I have been prevented from understanding what work may have been carried out so far and have also been prevented from obtaining my own comparative estimates for the work which you believe needs doing. ·         Not only have you withheld access to the vehicle, you have apparently moved it to new premises and refuse to divulge its whereabouts ·         I have made strenuous attempts to contact you and hold a dialogue with you and you have failed to provide me with the information requested.   Since the beginning of April 2021, I started writing to you formally, sending you three letters and have received no reply. This situation cannot go on any longer. You sold a vehicle to my father which has been scarcely driven since it has been purchased and which has now been in your possession for 20 months (to date).   The car is not of satisfactory quality and my father has not had the use of the car for most of the period of ownership and has been deprived of substantially the whole benefit of the contract.   I take this to be a fundamental breach of contract and as such I consider the contract has been terminated by you and so I require you to refund me the purchase price of the vehicle.   If I do not receive payment of £10,995 from you within 14 days then I shall begin a County Court action and without any further notice.   Yours sincerely  
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Hoist Portfolio 2/? claimform - old Barclaycard 'debt' ***Claim Still Struck Out ***


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Nothing from the court at all, last communication from them was the case was struck out as per the order.

 

 

I've called the court and they stated there was a note that the case was being reviewed "marked urgent " by the Judge and all they could advice was that directions on that outcome would be provided.

 

Sounds ominous,

do I submit a witness statement in defence of the application or sit tight,

 

 

seems strange to respond to the claimant and not wait for a response from the court stating they are willing to take a defence statement from me in relation to the application.

 

thoughts?

 

if their app'n is not dismissed outright by the J, then you will (should) have the opportunity to object accordingly. it wld be surprising if the J grants their app'n without at least the formal oppo to object/a hearing. as posted, you wld then normally do your formal ws/objections.

IMO

:-):rant:

 

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  • 2 weeks later...
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Today I've received a Notice of Hearing of Application, which states as follows:

 

The hearing of the claimants application dated 18th November 2016 (they have included the application from the claimant), will take place at 10:30 am on the 3rd January at my local country court.

 

So we're actually going to court after all, is this where I present the witness statement I wrote defending against the claimant seeking relief from sanctions ?

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Yes...file and serve not less than 14 days from the hearing date.

We could do with some help from you.

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A simple covering letter and the witness statement we already produced is all that's required, issued to both the claimaint and the court?

 

Yes and of course you must attend the hearing to fight and support your statement.

We could do with some help from you.

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Thank you Andy, I will do just that.... some of their statements within the witness statement are either complete fabrication or so busy litigating people, that their too busy to handle it and are making mistakes.

 

The more mistakes they make the better it will be for you WW

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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  • 3 weeks later...

Despite the claimaints application notice to seek relief from sanctions without a hearing, I'm in court 10:30am Jan 3rd to defend the claimaints application and ensure the order remains struck out, feeling positive as I've done everything as best I can.

 

Thanks to all at CAG for the help this far, especially Andy, thank you all, I will update you once its completed.

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Best of luck Wandsworth...stand your ground.

 

Regards

 

Andy

We could do with some help from you.

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The results of the case today

  • The claimant stated that a case of a nervous breakdown was the reason for the breach, I requested evidence of the illness, but none was availble.
  • The claimant stated that the breach was insignificant as that there was only one, I stated that continual breaches and the lack of disclosure meant it was prejudicial in this case.
  • The claimant stated that the defendant was also in breach, I provided evidence that full disclosure had been submitted and evidence of postage was provided, the claimant withdrew this point.
  • The claimant stated they had requested additional time during directions in the spirit of over-riding objective, I stated they the claimant requested additional time for mediation, but they neglected to contact me.
  • The defendant suggested that the late payment of the court fee was also non-compliance and presented further evidence to highlight the point.
     
    In my closing statement, the claimant stated the debt was still owing. I had requested documents via CPR 31.14 and since this was denied, full disclosure was essential to prove the claimant had a case to present, regardless of what my position was to defend, with no documents, there was no case to defend.
     
    The case was a collection of failures by the claimant, many orders had been breached, including the unless order and had there been a case to submit, the actions of the claimant were prejudicial to the defence, as well as wasting judicial time and costs for all parties, a complete disregard for due process and therefore serious.
     

 

The application for relief from sanctions was denied and the case found in favour of the defendant

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:wink: Thread title amended to reflect the outcome...again.

 

Well done Wandsworth

 

Andy

We could do with some help from you.

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Good point. I neglected to ask. It also wasn't mentioned. The sanctions were denied and the unless order stated the claimant shall pay costs, so I'm assuming it still stands.

 

Do I wait for confirmation in writing from the courts or can I submit costs, something like as follows, what are your thoughts?

 

 

The application to seek relief from sanctions was denied in the County Court, 3rd January 2017.

 

Therefore, the claim stands struck out pursuant to the order of 5 October 2016, the claimant shall pay the defendant costs of the claim, expense sheet attached.

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Good point. I neglected to ask. It also wasn't mentioned. The sanctions were denied and the unless order stated the claimant shall pay costs, so I'm assuming it still stands.

 

Do I wait for confirmation in writing from the courts or can I submit costs, something like as follows, what are your thoughts?

 

 

The application to seek relief from sanctions was denied in the County Court, 3rd January 2017.

 

Therefore, the claim stands struck out pursuant to the order of 5 October 2016, the claimant shall pay the defendant costs of the claim, expense sheet attached.

 

:thumb: Keep it realistic though

We could do with some help from you.

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well done

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 point. I neglected to ask. It also wasn't mentioned. The sanctions were denied and the unless order stated the claimant shall pay costs, so I'm assuming it still stands.

 

Do I wait for confirmation in writing from the courts or can I submit costs, something like as follows, what are your thoughts?

 

 

The application to seek relief from sanctions was denied in the County Court, 3rd January 2017.

 

Therefore, the claim stands struck out pursuant to the order of 5 October 2016, the claimant shall pay the defendant costs of the claim, expense sheet attached.

same as andy.

the original strike out order with its costs now still stands (they got no relief from those sanctions :)). unless the J ordered anything different re those costs following today.

ie reasonable costs as per that order, plus maybe your reasonable costs for their failed application hearing today?

IMO

:-):rant:

 

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looking back. it seems you asked for costs in your response WS, so your costs for today may well have been ordered also? :)

IMO

:-):rant:

 

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Brilliant WW, well done.

Hoist got Hoisted!

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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looking back. it seems you asked for costs in your response WS, so your costs for today may well have been ordered also? :)

ie, maybe wait see what the formal order re yesterday says.

if it includes costs for that hearing, happy days. if not, could still be worth a try. on top of the still standing original order. :)

IMO

:-):rant:

 

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  • 2 months later...

The claimant ignored all my requests for costs, despite the order, I also sent a follow up letter to the courts, I got no response.

 

Based on the fact I now have no debt's, nobody chasing and I can just get on with my life, I guessed it was just best to move on in victory.

 

thank you CAG, this and many others one even bigger issue were resolved with your help and I won in all cases, thank you.

 

W

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The claimant ignored all my requests for costs, despite the order, I also sent a follow up letter to the courts, I got no response.

 

Based on the fact I now have no debt's, nobody chasing and I can just get on with my life, I guessed it was just best to move on in victory.

 

thank you CAG, this and many others one even bigger issue were resolved with your help and I won in all cases, thank you.

 

W

 

Probably a wise decision and not worth the hassle......

 

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 OTHERS

 

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