Jump to content


  • Tweets

  • Posts

    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
    • If it doesn’t sell easily : what they can get at an auction becomes fair market price, which may not realise what you are hoping.
    • Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
    • Hungary is attempting to be a world power in manufacturing electric vehicle batteries, despite locals' reservations.View the full article
  • 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

lantern/moriarty claimform - old QQ debt.** Claim Dismissed** - now chasing again!


swt61
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 93 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

hi All. Well ive scoured now the site and looked at loads of witness statements but I cant seem to get my head arround what I need to do for my case. i am completey stresssed beyond all belief. I feel i cant do this im at a tottal los 😫

 

Id hapily pay some one to help me

Link to post
Share on other sites

  • Like 1

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

We simply dont have time to spoon feed swt61...at least attempt and have a go and post it here for opinion.The starting point to drafting a statement is to have the claim particulars ...a copy of your initial defence.......and a copy if the claimant's statement if received in time before submitting yours.

  • Like 1

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

Good Morning all,

 

ok ive taken a day off work today to try and get this done hopefully I can finalise this today

defence 1.pdf WITNESS.pdf

 

all of my previous correspondance received from the claimants have been previously uploaded inc the cca that was the wrong one totally different agreement

 

hello again, do you think this witness statement better suits my needs

witness 2.pdf

 

Good evening anyone around to advise please 

 

I’m a bit confused as to no response has anyone actually seen my post 😩

Link to post
Share on other sites

On 07/10/2019 at 21:07, Andyorch said:

Check with the court on the 17th Dec that the claimant has paid the hearing fee.....this is usually a good sign of how matters will proceed....if they have not paid the claim will be struck out ....demand it be struck out as per the Notice of Allocation.

 

Example Witness statement...the following is for a credit card not fixed loan as per your agreement...but it will give you an idea.

 

Witness statement Lob.pdf 137.51 kB · 9 downloads

 

Regards

 

Andy

no rush yet not due for 3 weeks

as per andyorch's information above

 

i'm sure we'll get time before then.

 

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

Hi thanks for a reply, yes I know I got a bit of time yet but it can be one thing I wipe off my list to do as I don’t get much time to be able to dou it. I can then just slowly prepare a file ready in plenty of time for the court

Link to post
Share on other sites

The later you leave it the more chance you have of receiving the claimants statement...which you can then use as a guide to refute their main points of claim.Drafting a statement in the absence of the claimants really leaves you in no mans land because you are not aware of their main points of claim on which they will rely on...or which you must refute.

 

Also as previously advised if they dont pay the hearing fee on time and they dont file or serve a statement on you....its a good indication that they do not intend to proceed so all your work has been in vain.

 

However it is good to be prepared and have a basic statement in case they do pay and do file at the death..leaving you little time to respond and counter.I think a mixture of the two you have already prepared would be the way forward however your point 1 with regards to hearsay evidence wont come into play until you actually receive their statement and if in fact they are relying on hearsay evidence..

 

Just for information Moriarty do not attend hearings they litigate using and relying on CPR 27.9

 

Non-attendance of parties at a final hearing

27.9

(1) If a party who does not attend a final hearing–

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

(2) If a claimant does not –

(a) attend the hearing; and

(b) give the notice referred to in paragraph (1),

the court may strike out(GL) the claim.

So and if you do receive their statement it must include notice as per above.(CPR 27.9(1)

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

  • 2 weeks later...

Well time is fasy running out for my witness statement nothing off anyone else yet.

 

Can someone please now advise which of the statements I need to send to the court as I’m in work now until the 7th So no time left so really starting to panic now 

Link to post
Share on other sites

Go with the one in post #100 but remove point 1 about hearsay evidence.....the claimant has yet to serve you their statement.

  • Thanks 1

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

don't forget moriarty never turn up so should be a walk in the park.

 

 

  • Thanks 1

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

Good morning all,

I will be putting everything together Tuesday to get to the court for Thursday, can I drop it into the court myself?

 

also I have to send the claimant a copy of my defence but do I send just my witness statement to them or all copies of everything I have ?

 

one of the things I have is an incorrect cca which they sent me which was not for this orig PDL they messed up and sent me a totally wrong one so ideally or give them advance notice of that,

 

thanks

Link to post
Share on other sites

yes.

 

same you send to the court.

 

you cant hide things nor rely upon anything not in your WS ....in court

 

 

 

  • Thanks 1

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

read the n157.

 

 

  • Like 1

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

Ok thanks got that now , same date so will send next day proof of posting. Do I need to include proof of previous posting labels for previous letters sent please?

 

thanks

Link to post
Share on other sites

Only if you have referred to them in the statement as an exhibit.

  • Thanks 1

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

Afternoon everyone, ok here is my final draft of my witness statement obviously every other document i have previuosly posted up on here will be attached,

 

I dont think I need to do another combine to show everything I have to show you ?

 

 

witness FINAL.pdf

Link to post
Share on other sites

Nothing in there about CCA/CPR 31.14 requests or responses....and why what they have disclosed is not acceptable as a true copies as you phrase it? 

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

Oh I thought I’d done that as in section 4 

 

I have to print and finalise this tomorrow and then get it to the court and post to dcs as I’m working away and can’t do it after that 😥

Link to post
Share on other sites

4.Disclosures
The claimant has since complied and disclosed various documents however unable to comply with disclosing:
A True copy of the original CCA for the account showing how the defendant has reached the amount claimed for,
A True copy of the default notice/termination notice,
A True copy of the legal deed/notice of assignment showing the claimants legal right to take action.

 

Thats just a statement .....your opinion...now you have to convince the judge why they are not true copies and which legislation you will rely on.

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...