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    • please dont use hosting sites. copied and attached as per our upload guide. dx  
    • Another update - just had another round of Text messages, Emails and letters. Physical  letters still going to the old address (forwarded by royal mail). All messages were exactly the same as the previous round with threats of CCj's, Attachment of Earnings, Warrant of Execution, Bankruptcy and Charging Order. Seems to be a 2 week pattern of 1 week letter, following week email - texts seem to be a bit more randon, but always over 10 days between each one.  Not sure if IDR are working diligently behind the scenes to recover monies from me,  or are just spamming me in the hope that i stick my head above the parapet
    • Here  (edited for personal information).    Claimform.pdf filed defence.pdf
    • 1. the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx 2. the dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with 3. the debt was legally assigned to the claimant on 18-03-21 notice of which has been given to defendant  4. the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£ defence. The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1PAPDC. 2. The Claimant claims £xxxxxx is owed under a regulated consumer credit account under reference xxxxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. 3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied. The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice  pursuant to sec87(1) of the CCA1974; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for.  7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief Should the amount be the figure in the particulars or the final figure with the added fees Should the amount be the figure in the particular or the final amount with fees added
    • post it up here first for checking please dx  
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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.
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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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Hi all, new to this today but I'll give you the background and what I've had yesterday...

 

On 26th May 2015 I worked for a company that terminated me without pay the day after pay day on the 25th May 2015 so I received a full months salary (three weeks in arrears and a week in advance for May 2015). In June 2015 I received a further £90 from the company BACS transferred into my bank on my June payday from the company and assumed this was some expenses that were left pending at the time of my termination.

 

I moved house to a new property then started work at my current employer in July 2015. I moved house again in April 2016. Yesterday, I received a letter from Harrison High Court Enforcement that I've been ordered by Huddersfield Court to pay back £1200 including fees and interest to my former employer which needs to be paid, or an arrangement in place, by 16th September 2016.

 

The letter came as quite a shock as I was terminated without pay so should have received no further pay from the company after my termination date but the sum seems far too high. I've not had any communication from my former employer regarding any monies owed and I've moved house twice since and had no reason to update them with my latest addresses since I was not longer obliged to keep them up to date with my whereabouts.

 

Any advice on the HCE company, if they actually are High Court appointed or I've just had a threat-o-gram or my next steps.

 

Thanks in advance.

 

G.

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Hi SpecialG and welcome to CAG

 

I think you need to start a fact finding mission and get details of this judgment and the particulars of claim...should you wish to challenge it (set a side) and stay the the execution.

 

Start by looking on the following

 

http://www.trustonline.org.uk/

 

This will give you the date and claimant..then you will need to contact Northampton CCBC to get details of the claim particulars and a copy of the judgment.

 

In the meantime if you do wish to challenge the claim you should submit form N245 to stay the execution and form N244 to set a side the judgment.

Both forms are available in our Legal Library.

 

Regards

 

Andy

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The letter came as quite a shock as I was terminated without pay so should have received no further pay from the company after my termination date but the sum seems far too high. I've not had any communication from my former employer regarding any monies owed and I've moved house twice since and had no reason to update them with my latest addresses since I was not longer obliged to keep them up to date with my whereabouts.

 

Any advice on the HCE company, if they actually are High Court appointed or I've just had a threat-o-gram or my next steps.

 

Thanks in advance.

 

G.

 

The only way of dealing with this is to follow the advice of Andy and complete the N244 and N245. Your grounds are quite simple in that you had moved address and had not received the summons.

 

The High Court company (Harrison's) are genuine and the documentation is certainly not a 'threat-o-gram'.

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