Jump to content


  • Tweets

  • Posts

    • Thank you for the letter, that makes things a lot clearer. So it's a statutory demand rather than self-certifying. See what @Man in the middle thinks but to me, it seems as if the lawyer has a good strategy and seems to have covered all the bases. HB  
    • Could you post up the letter, with your personal info and their reference covered up, please? It should say Letter of Claim, but let's have a look just in case. HB
    • I know dx, a lot of it was my partner and how she felt about it. I also appear to be addicted to my credit file being clean. I still worry for my partner she has too much on as it is, but I am ensuring I manage both of ours so She can forget about. i guess in terms of time I bet masses are defaulting with this economy as it is right now and high interest rates might be the only thing going for me right now. I guess  I’ll find out
    • Please see below for an extract from the letter more about my case. You have been convicted of two matters of failing to give driver details linked to two speeding offences and been disqualified in your absence. You confirmed that you did not receive the court documentation and the first you knew about the cases was on 3/6/24. As you can make a statutory declaration it is possible that we will be able to persuade the police to accept pleas to either or both of the speeding offences as they were committed within a very short space of time and withdraw the two fail to give driver details offences as normally if you plead to one or other of the speeding or fail to give driver details the prosecution will withdraw the other related offence. If successful you would not face a totting ban. In respect of the speeding offences, it could be argued they were committed on one occasion due to the proximity of the time and location and we may be able to persuade the prosecution to drop one of the speeding offences. You are technically guilty of all the offences because you accept it was you driving when the speeding offences were committed and that you did not update your change of address with the leasing company when it was your responsibility. If the prosecution will not withdraw the two failures to give driver details offences, you will face a totting ban but will be able to put forward an exceptional hardship argument. This  may or may not go ahead at the court hearing date, so we need to prepare for all eventualities. As a safeguard we have lodged the appeal and applied to suspend your ban pending appeal due to the time limit for being able to automatically appeal without getting leave of the Judge. The court have dealt with the matter very quickly and have actually listed your matter for an application to suspend the disqualification pending appeal on the above-mentioned date. We could actually use this date to make the statutory declaration in court having explained the situation to the magistrates and then see if the prosecution will agree to accept pleas to one or both of the speeding offences as a way of resolving the matter without the need for you to put forward an exceptional hardship argument. It is possible the case would need to be adjourned so that we can make those representations, or the court may want to go ahead and hear the exceptional hardship argument. The outcome of your case is always at the discretion of the Court.  
  • 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

HPH2/Cohen Claimform - old HSBC Credit Card 'debt' ***Claim Discontinued***


RU753
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2622 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

you've got the important thing done

now go read other claim threads

either in this forum or the successes forum off this one

 

we don't 100% nurse maid, this is a self help site too...

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... 

Link to post
Share on other sites

  • Replies 82
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • 1 month later...

Fill it in and send it back?

 

Yes to mediation

Rest is obvious

 

Read other claim threads too

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... 

Link to post
Share on other sites

Hi DK,

 

After I put my defence in the only letter sent back to me was a reply to the 31:14.

 

https://drive.google.com/file/d/0BytXDIYLA5NNREcwc09rUF9MTEU/view?usp=sharing

 

 

They didn't send me anything else after this but only the Notice of Proposed Allocation to the small claims received a day ago.

 

https://drive.google.com/file/d/0BytXDIYLA5NNSFZDWkpqVl9aTjA/view?usp=sharing

 

 

Do I need to send this in or call them?

 

Many thanks,

RB

Link to post
Share on other sites

This is the Allocation (directions questionnaire)...the stay has been lifted and the claim is proceeding...you must complete the N180 and return it by the date stated (12th Dec)...copy to the court...copy to the claimants solicitor.

 

Yes to mediation yes to small claims track...name your local county court...the rest is self explanatory tick boxes.

 

Retain a copy for your file.

 

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

ah so I was right there are more pages?:lol::lol:

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... 

Link to post
Share on other sites

Not necessarily, fill in the DQ and return it to court.

 

Yes to mediation.

1 witness, thats you

Enter your local court to transfer to it

 

The rest is self explanatory, Small Claims Track is correct for any claim under 10k.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

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.

Link to post
Share on other sites

Just noticed Andy's post above also.

 

Serve a copy to the claimants solicitor aswell as court and keep one for file.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

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.

Link to post
Share on other sites

thread tidied

 

 

dx

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... 

Link to post
Share on other sites

  • 2 weeks later...

Hi Andy,

 

I am sending this off first class today but I was thinking if I sign it and send a copy to the claimants solicitor do you think they will copy my signature?

 

Many thanks,

Link to post
Share on other sites

Dont sign it ...there is no requirement...just sign the courts copy

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

  • 2 weeks later...

Hi,

 

The court mitigation contacted me asking if I will be making a payment and I said no as I will need to talk to them first but they said they would need to transfer it because I will not pay why is that any idea?

 

I also told them I did not receive a reply to my CCA and she was like I would need to transfer this.

Link to post
Share on other sites

you mean mediation

so you got all the documents then?

and they are enforceable?

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... 

Link to post
Share on other sites

I didn't receive any documents from them other then this: https://drive.google.com/file/d/0BytXDIYLA5NNUzNFWEthT1kzMjA/view?usp=sharing

 

They said on the call, if I didn't receive all the documents I requested from the other party then it would need to go court but if I'm happy with what I have received from the other party then I would need to make an offer on the day.

 

They said people think mediation is there for someone to hear both sides but in fact it's there for you to make an offer if the other party accepts the offer then they would do the contract.

 

What should I do now?

 

Many thanks.

Link to post
Share on other sites

you haven't got any paperwork

mediation asked you a question or two didn't they?

 

 

have you received all the required documentation...

the answer is NO, mediation will fail.

 

 

dx

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... 

Link to post
Share on other sites

They asked me if Iv received all the paperwork and if I will be making an offer.

 

I said I didn't get the paper work and im not sure what I will be paying for, they then said they will transfer it, I then asked them transferred to where they said to court.

 

They said they will not allow it for mediation as iv not received anything from the other party. Does that mean mediation has failed?

 

Many thanks.

Link to post
Share on other sites

Yes, mediation has failed and the claim will now be transferred to court for a hearing.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

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.

Link to post
Share on other sites

might not even get that far..

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...