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Applications for Summary Judgment are not awarded on who did or didn't do what......they cant get a default judgment on either as you have submitted a defence...they could get Summary Judgment. Summary judgment is only awarded in the follow circumstances... · A claim or issue or a defence to a claim or issue has no real prospect of success and · There is no other compelling reason for a trial. (CPR 24.2) Summary judgment a Quick guide.docx -
What I’ve read elsewhere (and from being in touch with someone who has won using the above argument - but who also notes that others have lost using the same argument- it seems to be dependent upon the court/judge) is that it is possible to win BUT I’m not entirely certain if it holds actual legal weight. @dx100uk write a letter you say? To DBL or VCS? something like this??; I am writing in respect to the above noted County Court Claim issued by your legal team in connection to three separate Parking Charge Notices (PCNs) issued to vehicle registration mark XXXXXX. I was the named keeper of the vehicle at the time of the PCN issue but do not claim liability. I wish you to note the following; whilst you may ‘think’ that you have adequate grounds to make this claim, the simple facts are that you have absolutely no right (in law??) and the evidence I have uncovered as a direct result of your claim, along with the evidence and wording contained in the communications you sent to me (dated XX August 2017) irrefutably show that you (Vehicle Control Services) have absolutely no claim in law. Please be aware that should continue to pursue this claim not only will you incur your own costs but also costs that I will be claiming against you for bringing this unfounded and malicious claim which bears no legal weight whatsoever and is in breach of the IPC Code of Conduct (Versions 5 and 6). Subsequently, I will be reporting you to the ICO for improper use of KADOE and to the IPC for breach of the Code of Conduct. Yours faithfully, Scans coming later.... -
Always looking for plan b - the defence is short and poor and not laid out in the correct format - because I didn’t do it but the points are the same just brief , would they have tried for summary judgement if I laid out a bigger defence - yes , they already put on allocation they would apply for one ☝️ n both claims - they didn’t on claim one as I had a long defence , they did on claim 2 as defence small So did what they said they would do - they effectively want my defence struck out , to get a judgement by default , as there chances of winning in court are slim maybe I include photocopy of that form and say they always were going to apply for this, they did not get to this point by my poor defence , I don’t have to bear their costs -
By appeal you mean set a side...the application fee would be £255 with a hearing (unless your exempt from fees )so you need to ask yourself ....would it be worthwhile..or better use the fee to pay off the judgment before its registered ? The court wont accept your mistake and show any leniency. Lesson learned for the future...19 days to AOS and a further 14 days to submit a defence = 33 days in total. Sorry Andy
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Dear Bankfodder, The Tribunal did not support overturning the fees on the basis of unfair terms. Galling though it is I am simply paying the unreasonable fees because given this clause there is no possibilitiy of a fair outcome. I am writing this post because it was by chance I discovered the litigation fee clause in the lease and what it means in reality (I pay the fees for the loosing party!) and I hope anyone who reads this may not be caught out. I showed this lease to three lawyers and they did not spot the issue until I explicitly drew their attention to it and then exclaimed ... that's criminal! I have written to my MP to lobby for a change, the government are stating they are aware of the leasehold scandal and will change how things operate. Sadly this will be too late to help me win my case.
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
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Natwest Bank Transfer Fraud Call HMRC Please help
waz70 posted a topic in NatWest Bank,
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-
- 31 replies
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seklof,
in Legal Successes
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