Jump to content


  • Tweets

  • Posts

    • Vodafone have a reputation for doing this although it hasn't happened for a while. There an appalling company and I think they are the most complained about company and have been find quite a lot of money in the past by the so-called regulator. Frankly I thought that they had started to sort themselves out. Sent them an SAR. They may try to impose some kind of obstacle such as a special former something or other to fill in. This is unlawful as long as they have no reason to be dissatisfied with your identity details. Separately – because they are capable of understanding to issues in the same letter – separately send them a letter of complaint and ask them what's going on. You might also want to try and deal with this on the telephone – but if you do then read our customer services guide first and implement the advice there because anything that is said on the telephone could be of use. However, don't expect this to go away quickly. They are incompetent and once they make a mistake they tend to dig themselves in rather than dig themselves out. Sent they SAR – and separately the letter of complaint.
    • Nobody here can say for sure whether you should challenge this penalty or just pay it because nobody knows if a court would consider your reason(s) for not wearing a mask a reasonable excuse or not.   But... my view would be that if you can get a letter from your doctor saying that because of your medical conditions (acne and anxiety) that wearing a mask causes you such distress (and/or discomfort and/or pain) that you have a medically based reasonable excuse for not wearing a mask, then that should do it for you - in my view.   You can then use that letter to challenge the police as to the validity of the fixed penalty, and if they don't back down you can let it go to court - if you want to do that.  I would expect the court to accept your doctor's letter at face value and quash the penalty - but nothing is certain!   Have you given your doctor/your practice notice of what you want and why you need it?  Have you explained that you have already received a fixed penalty for not wearing a mask, that you want to challenge it and that you need a letter explaining your reasonable excuse for not wearing a mask so that this does not happen again?  At my GP surgery I could either have phoned them up to explain all this in advance, or emailed them explaining it.  It might not be a good idea just to turn up for an appointment without letting the GP know in advance why you are there.   If your GP won't give you a "reasonable excuse" letter - and they may refuse to do so - then you need to think again.   First thing to consider if they don't is that you need to decide if you really have a reasonable excuse or not.  If you still think you do, then you need to decide if you want to challenge the penalty further or if you just want to pay it.  But if you do that, what happens next time* you are caught without a mask?  If you don't think you have a reasonable excuse, then you'd better start wearing a mask.   *If you can't get a GP's letter I have a few other thoughts but will have to post those later - I'm just going out.
    • It will be very helpful if you could space your posts a bit more. Well space makes it much easier for people to engage with – especially when they are looking at it on a small screen. I'm not sure how long ago was that curries could ever have been considered an excellent retailer. They've always been curmudgeonly about their customer support. All I can say is that there were times when they were maybe a better retailer because at the moment things are very bad with them. If you used have an account here then maybe we can merge them if you still have access to the old email address that you used. We weren't around in the eighties. We started in 2006. I don't see why you think that your previous history with curries should influence their standard of customer-dealing with you. Big Fail. Also, yes – failure to use a credit card – Big Fail.   I've had a look at your letter of claim. I can't believe that this is the standard of stuff provided by Which magazine. It really is verbose and goes into all sorts of irrelevant details – and in case you haven't understood it yet, Currys don't care about the problems they have caused you, whether or not their behaviour is unacceptable, your level of exasperation – you attempt to be reasonable to them by proposing some kind of negotiation (what on earth is there to negotiate here? You paid 100% of the money and you want 100% of what you paid for. Is there a problem with that?) Have you sent this letter of claim yet? You better let us see your proposed particulars of claim before you click them off. I have no idea why you went to Which – when you know that we exist and you've been here before.     Also, I have just noticed that you have given them 28 days to respond. Bless!
    • Yep, should have made sure all were defaulted, sucked up the bad credit for 6 years (which I had anyway) .
    • I've just tried to apply for a mortgage and noticed vodafone have dropped a default on my account on my final bill by mistake..   Stress like you would not believe.   Anyone else had their credit report ruined by Vodafone..   Any advice? 😢
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

application to set judgement aside cabot


Please note that this topic has not had any new posts for the last 1215 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

posted on behalf of a friend

 

after checking her credit file because she was turned down for credit. it showed she had a CCJ.

and has applied to for courts for it to be set aside on the basis she knows nothing about it

 

today she has received a letter off cabots solicitors confirming it was for a mobile phone and papers were sent to previous address.

it states that the is no prospect of setting this aside and invites her to withdraw her action

 

whats the next step

full?photo_id=10030744201

 

https://www.photobox.co.uk/my/photo/full?photo_id=10030744201[/img]

:???: what me. never heard of you never had a debt with you.
Link to post
Share on other sites

if she didn't tell her creditors she'd moved

sadly unless the debt was statute barred before they issued the claim they are quite correct.

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

Possible if you can prove the claimant had and corresponded to the new address before issuance of the claim.

 

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

 

 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

she was unaware she had a debt for a mobile. has 2 children and has mobile phones for them. but as a far has she was aware no contracts were outstanding. she just wants her chance to defend the claim

:???: what me. never heard of you never had a debt with you.
Link to post
Share on other sites

Please answer th following questions:

 

1. Is the CCJ for a debt against one of her (or her children’s) mobile phone accounts?

2. When did she move to the current address?

3. When did she tell the mobile phone company of her new address?

4. When was the CCJ granted?

Link to post
Share on other sites

the ccj is against her.

middle of last year she move

she never told the mobile company she moved because she was unaware of any outstanding debt

the ccj was granted dec 2016

 

she just wants to defend the case as she still believes there is no debt. would it be worth drafting a letter to the claimant

 

they say they are going to oppose the application and eek cost on a contractual (indemnity) Basis. whats that mean?

:???: what me. never heard of you never had a debt with you.
Link to post
Share on other sites

it means lots more money will be added to the debt and she will be made to pay that as well if they win.

 

she would have to be very sure that the debt amount is not due to get this set aside.

has she done an sar to the mobile phone company to gain that proof?

if not shes gonna lose the set aside hands down.

 

there is this in our mobile defence we use:

 

8. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

but to be honest I've never seen anyone win a set aside and the subsequent re hearing of the debt purely upon the above

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 say they are going to oppose the application and eek cost on a contractual (indemnity) Basis. whats that mean?"

 

If the court do grant a hearing to consider the set a side...the claimant will oppose it using counsel at the hearing and claim costs for opposing the application.

 

Hence you better start thinking of a valid defence to compliment the application and reasons to block their opposition to the application

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

 

 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
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...