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    • Yeah I figured, unlikely I'll need credit anyway mortgage all paid off etc so I'll take that on the chin and learn from the experience. Probably would've beaten that too had I remembered the protocol, first time ever going through the process though sob it wasn't familiar to me  Oh well  
    • This is my slightly amended WS taking on board your previous comments, any suggestions for amendments would be most appreciated.  Thank you for you time.   1.        I am the Defendant in this matter. 2.        The facts in this statement come from my personal knowledge. 3.        I became aware of original Judgement following a routine credit check on or around 14th September 2020. 4.        The alleged Letter of Claim dated 7 January 2020 was served to a previous address which I moved out of in 2018, no effort was made to ascertain my correct address. 5.        The Judgement debt was not familiar to me so I began investigations to ascertain what the debt related to and how such a figure had been equated in any event. 6.        I made immediate contact with the Court, the Claimant Solicitors and the Claimants thereafter, asking them to provide me with a copy of the original loan agreement but this was not provided to me.  7.        I sent a Data Subject access Request to Barclays but no agreement was provided – See appendix 1 which details the timeline of communication between myself and Barclaycard as well as copies of correspondence between us. 8.        I do not admit to entering an agreement with Barclaycard in 2000. 9.       The claimant has failed to comply with the additional directions ordered by District Judge Davis and therefore this claim should be automatically struck out.  10.    The claimants have failed to disclose a true executed copy of the original agreement they refer to within the particulars of this claim. They are not entitled to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974 12.   The reconstituted standard Barclaycard agreement that the claimant has included in the court bundle does not satisfy any CCA request and so the claimant is and remains in default of my CCA request and therefore unable to enforce the alleged agreement. 13.  The claimants have failed to provide proof the assignment, such as a deed of assignment. 14.  The claimant has failed to provide a statement of account setting out how the alleged debt accrued under that agreement 15.   Despite numerous requests to the claimant, I have still not seen any evidence, such as an original agreement or deed of assignment, that substantiates the claimant’s assertion that I owe the debt to the claimant, nor evidence of how the debt was accrued. 16.   As per CPR 1.4(2)(a) the court encourages parties to cooperate with each other in the conduct of proceedings in order to try and save time and costs for the parties and to also save the time and resources of the court however, despite vast attempts at mediation the claimants have been most unreasonable and have remained unwilling to mediate. I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
    • A set aside application costs £275 which is more than the judgement so not worth it. Not that they would grant a set aside anyway.  Set asides are granted, for example, to people who moved and didn't get the court papers, so have a genuine reason for not defending.  Forgetting doesn't count. Your only choices are to pay up within 30 days, or defy the court and not pay.  If the latter, we've never seen a PPC enforce judgement for a single ticket, ever, you would get away without paying - but you would have a CCJ and a knackered credit file for six years.
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      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.

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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.
      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
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reclaiming charges court claim - The "Claim Too vague" defence and guide to amending a claim


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hi if you go to the lloyds forum you will be able to find templates for filling in and information as to what should be included in your claim

i agree the space is limited but as long as you have the right particulairs in the form than you would be demed to of served your claim correctly.

when sending this to the court include a copy of your schedule for the amounts you are claiming and the dates

 

i assume you entered on your MCOL that states unfair contract terms act 1997 s 4 and consumers contracts reg 1999 para 8 and sch 2 1 e.

and also your claim of 8% under section 69 county court act 1984

 

please read the templates section, i know there can be a lot flying around but take your time and just make sure you get the info into these forms as needed.the banks will pounce if you make any sort of mistake.

as for lloyds saying it was an embarrassment, i assume you followed the correct path of action so they would of had all the info in their hands, your letter before action would clearly outline your next plan of action, which was to serve a claim in the county court.

i also assume you have had letters from their solicitors sechiari.clark and mitchell. they sent me one wanted to confirm all the details again, so i sent it all off again.

hope this has been of some help.

if really in the deep stuff, pm a mod, we are all here to help.

regards

 

Please Note

Advice & opinions of sharman24 are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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i was just wondering why you have had letters returned??, it is important to keep to the procedure, as the banks will come down hard on you if you fill in forms incorrectly.

in ref to keeping statements, it is most important that you keep everthing, all correspondence between yourself and the defendant, and the court.

if or when the time comes, the judge will either set a hearing date or case date, and will give directions on what he/she requires both parties to do.

this will normally be in the form of a court bundle.

3 copies of everything, one for the defendant, one for the court and yours which should be the originals.

its not that bad to compile, but my advice would be to be prepared, get it done sooner than later

 

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Advice & opinions of sharman24 are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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hi, i'm a little confused?, you have sent a claim, via internet, i assume with money claim online,(mcol), have you done this because you have exhausted the proceedures, and the bank have refused to pay up?

 

have you done the following ?

1. Subject access request,

2. prelim letter, with bank charges spreadsheet

3. letter before action, with bank charges spreadsheet

4. issue claim through mcol

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look at the sticky guide in the lloyds main page.

follow the procedures step by step.

i have just had a settlement from lloyds, yet to receive the money, but they will push you upto even the last day of appearing in the court.

there is plenty of help here on the site, if you have any worries PM a mod,you'll find it most helpful.

you will get your money back, its a question of brinkmanship with them

Please Note

Advice & opinions of sharman24 are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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i,m not sure how you stand with this, i think you really need to pm a mod, i know you dont just send of statements to nothampton court.

did you use the spreadsheet to enter all your charges, as this will automatically sort out the standard 8% when the time comes to issues a MCOL.

for filling in MCOL you do have to be clear in the regulations your are claiming on, and these need to be entered correctly.

there is a guide to filling out MCOL on the forum lin lloyds.

you can of course submit a new claim, i i believe the cost is £35 but i would as i said PM a MOD and seek advice.

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