Jump to content


  • Tweets

  • Posts

    • Sorry, I may have forgot to get back on this. Please monitor for a reply tomorrow
    • Yes, now its just about getting the WS / Court bundle finalised to send to the court / Evri. I've attached the most recent version of the WS / Court bundle to save having to scroll back up to the previous post (#204) where it was also shared. If you, @BankFodder or anyone else has any feedback on this, i'd be grateful for your thoughts. In my previous post #204, i'd also attached an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at Her mes - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender [origin] and the recipient [destination] - I have redacted personal details in the attached invoice.  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (the sender / recipient) is involved in this transaction. I have also attached this redacted invoice in this post to save having to scroll back up. Happy to get any thoughts and if this invoice is no good, then please let me know.   Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
    • Does anyone know if I would be allowed to record conversations with health professionals for my own use on my phone without them knowing. I know that we are allowed to record phone calls. I do record some of my phone calls for my own use due to my disability and if anything is said then I am covered. I would only record audio in private area's of myself and the professional dealing with me. I know I could not get and other persons audio in it and I don't intend to. my only other option is to buy a body cam but I am not sure the rules regarding this.I never thought i would have to but things are getting worse Thanks for any guidance 
    • Thanks for that. I will give them till Tuesday. Thanks for your help, very much appreciated. 
  • 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

Lowell claiming - old Very CAT debt***Claim Dismissed with Costs***


mollywobbles
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1913 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

  • Replies 184
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

thread tidied

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

  • 1 month later...

Yes to mediation

 

Yes to Small Claims Track

 

Name you local county court

 

1 witness.... yourself.

 

The rest is self explanatory tick boxes...run 3 copies ...court /claimants sol/file.

 

Use the following and complete on screen..looks far more professional.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

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

Only existing/concluded threads on the same type of debt/claimant.

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

Use the search cag box of the top red toolbar

 

Claimforn lowell cat

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

Dont sign omit email and phone

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

  • 4 weeks later...

Had the call to arrange mediation today.

It came at a bad moment, so they're calling back later.

 

Are they able to dictate that my partner must take a day off for the call?

He has one weekday off every week.

 

Is it reasonable to ask that the call be scheduled on one of those days?

 

It seemed not from the initial call...

Edited by dx100uk
Spacing
Link to post
Share on other sites

Did you not put those dates on the form?

Have Lowell coughed with paperwork yet?

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 put dates we are away and not available for court appearances.

I didn't put every working day down, I thought the person arranging mediation would take both parties' availability into account.

If that's not the case, then fair enough...

 

Lowell replied to the CPR 31.14. They included:

 

notice of acting (not on headed paper)

letter of claim (same)

credit agreement (unsigned)

standard european credit information

 

a computer screen print out which they say is the default notice

(I uploaded a copy of this before, and you said it did not qualify as a proper default notice) letter (also not on headed paper) from shop direct introducing lowell

summary of transactions from shop direct

 

This is the 'default notice' (mentioned above and uploaded previously).

How sure can I be that this will not be accepted by the court as proper documentation?

 

It seems odd that they are willing to reproduce all other documents by simply printing out template letters not even on to headed paper but that they cannot / will not produce the default notice they claim they sent.

It was genuinely never received.

 

My partner was living at a different address by this point but had a redirection set up with Royal Mail and was receiving all other post.

 

Sorry for all the questions today...

 

I've read through all the paperwork again this afternoon.

In my CPR 31.14 I asked for a copy of the demand / termination notice.

In their response, no reference was made to this part of my request.

 

Nothing that says demand or termination on it was sent.

Is this a separate document to the default notice that I requested at an earlier stage, the reply to which I've uploaded in the post above?

 

If so, I've received nothing that corresponds to that part of my request.

Or are the default / demand / termination notice one and the same thing?

 

I'm just trying to clarify what I have & have not received, as I assume at some point this will be asked about?

4.jpg

Edited by dx100uk
Merge
Link to post
Share on other sites

Dn is the tn

Lowell have lost numerous claim by not having a dn

 

The rest you have gotten is made up rubbish

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

So is the person calling back today likely to ask what has / has not been received?

 

I've read a few other threads and it seems its been advised before to say that not everything has yet been received - this would be accurate in our case.

Link to post
Share on other sites

you say..I have not received all the required documentation to make an informed decision

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

  • 1 month later...

The last time I posted my partner had just received a call to arrange mediation.

It wasn't a good time (he was on a bus with our toddler daughter)

they said they'd call back that day at 4pm.

They never did.

 

A few days later he called them himself.

said that they had not been able to arrange mediation but could not seem to find a record of why.

said the case had been passed on for a court date.

 

As we have still not received most of the paperwork we've requested, mediation would have failed anyway, so I hope this was not a terrible problem.

 

It's now been nearly a month, and we've heard nothing further.

Should I be worried?

Or doing something?

 

What are the typical timescales involved here?

We now have another baby only a few weeks old and I'm conscious of how easy it would be to overlook something important...

Edited by dx100uk
spacing
Link to post
Share on other sites

some courts have a long back log to allocation we've been seeing.

 

what does MCOL say?

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

  • 3 weeks later...

Have been trying to log in to MCOL to check. Is there a more user-unfriendly website in the land??

 

I need a username and password. I have the password printed on the claim form I was sent back in April. I have a 12 digit 'gateway number' (handwritten on the claim form by me) and a MCOL 'customer number' (also handwritten), which begins MC...

 

Which combination of these do I need to log in?? I've tried so many and none is working. Or what else could I be doing wrong? Sorry for the extremely dumb questions today, I am normally more than capable of logging in using username and password, I promise.

Link to post
Share on other sites

Ring Northampton and ask what the status of the claim is ? If you have not received a Notice of Allocation from your local county court...inform them.

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

Yes it allocates the claim to your local County Court (N157 form )

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

  • 3 weeks later...

Good morning,

 

We've been sent a date for our court hearing, 29th October.

 

I've read on some similar threads that we need a witness statement for this. Is this something I submit somewhere in advance? Is there a deadline? I didn't see it mentioned in the correspondence that arrived. Sorry for the ignorance.

 

There was also an offer from Lowell to settle for a reduced figure at £20 per month. Having come this far, and as they are still unable to produce the proper documentation, we are going to continue with the process but if they are successful in receiving their judgement, what happens then? Obviously we simply do not have the £3k or whatever it is to pay within 14 days. They cannot take what does not exist, so what would happen then? Would a repayment plan still be possible? I know I am getting ahead of myself here...

 

Thanks as always

Link to post
Share on other sites

If you have the trial date ...you have the Notice of Allocation (n157) which also contains the directions (witness statement and disclosure and dates you must comply by).

 

If they get judgment ...the court will either set it as a monthly payment or a forthwith payment...if the latter you can make application to vary it to a monthly payment.

 

 

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

Hi Andy,

 

You're right of course. I had put this to one side awaiting further correspondence with the date..

 

If I've understood it correctly, I need to submit the defence at least 14 days prior to the hearing date, which is Monday 29th, so Monday 15th. Allowing for postage time, do you think it would be ok to send no later than Friday 12th recorded?

 

I know there's no template for this stage. Are there any threads you could recommend I look at?

 

Many thanks

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...