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    • Thank you dx, will make alterations as suggested. so my defence is basically asking them to prove how and why they believe I owe them money?   How long do I have to wait for a reply from Erudio/Drydens before I can submit my defence,  is it 14 days from date of posting CPR and CCA requests?
    • If you are sending three separate parcels to 3 separate "customers" then this tends to make you a trader and not a private seller. What makes you think you are a private seller?   I have private ebay account and i am not registered as sole trader. But yes, i sell good at eBay in amount. I plan to register as sole trader in thew future, will it affect my claim process against Parcel2go, if another parcels will be lost, after i register as sole-trader? Anyway, you will only be able to claim for the value of the parcels as long as they were correctly represented. For some reason rather you have deliberately misrepresented the value of one of the parcels and I'm afraid you will only be able to claim for that lower amount.   I have got that. I am always write full value now.  Have you begun the claims process? These are quite small amounts and I thought that there was a minimum amount which was automatically covered with the basic delivery cost. Is that wrong?   I have opened claims at their parcel2go homepage. Waiting a response for first claim for 19 days already.  During, placing an order, you can choose which cover will you buy. They have 20 GBP cover for extra 20-40 cents, and 0 GBP cover for cheaper price. I have placed 0 GBp cover.  Will it affect future claim? They easily will respond- no cover, no refund.   P.S. One more package is found missing.  Mostly they are gone after tracking shows (no update since):   12/02/2020 - 18:34    Entered the Hermes network     12/02/2020 - 18:34    Entered the Hermes network    89 12/02/2020 - 11:48    Collected from the ParcelShop  
    • Yes, it is the owner's responsibility and I've been on at him for years to at least get the trees pruned back before they became a problem - which they certainly are now.   He doesn't live in the house and hasn't for about 3 or 4 years.  He lets it out to his brother who has also told him to do something about the trees.  The branches fell down 2 weeks ago and no attempt to remove them (or repair the fence that got damaged) has happened.  I honestly don't think he realises just how dangerous the trees are.   Something being done about the trees will be a bit late when our house gets destroyed and we get killed!!!   We'll see what our Councillor comes back with and I'll post his response when I get it.  In the meantime, let's hope we don't get any more high winds and that we don't get a dump of snow, the weight of snow could be enough to bring the things down!  
    • So I guess the below is okay?   1. No keeper liability as this is not "relevant land" under the POFA 2012 and the defendant puts it to strict proof that VCA show as to who the driver was at the time.   2. No contract was ever offered by VCS, the land is subject to its own byelaws and in any case the signage is prohibitive so there can be no monies due as a result of either a contractual charge or as a result of a breach of contract.   3. The claimant has not shown locus standi in this matter.   4. It is denied that there is the ability to enter into a contract with the Claimant as the signs which are in place refer to no stopping which it is denied creates a contract for the Defendant to enter into and rather this is a prohibitive notice.   5. A CPR 31.14 request was sent to the Claimant on the 24th February 2020 for the disclosure and the production of a verified and legible copy of proof of assignment from the landlord to create contracts and make claims in their own name. No response to this has been received. 
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johealey

Lowell claimform - old disputed Studio Cards debt

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It will be the scanning quality.

 

Their letter has a printed signature on, not an original signature.

 

There is nothing that contains my signature, so if you look at the credit agreement which does look like a copy, the only input on there is the date of November 2011, it doesn't contain my signature anywhere on any of the paperwork that they have supplied.

 

Attached are photos of the documents that they sent me - ignore the black mark on the agreement, this was where I went through the personal info with a marker pen

 

 

 

docs2.pdf

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And you state you applied for this credit agreement on line ....and yet the agreement states the agreement is none cancellable you have no rights to cancel the agreement...mmm?


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Does that mean I need to add something into my defence, or is it a completely different approach now?

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A regulated agreement is not properly executed unless

  • A document in the prescribed form, itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner; and
  • The document embodies all the terms of the agreement, other than implied terms; and
  • The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

http://www.legislation.gov.uk/ukpga/1974/39/part/V/crossheading/cancellation-of-certain-agreements-within-coolingoff-period


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ok thank you.

 

Do I add those lines above to my defence as well or do I just use those lines above in my defence?

 

Sorry, this is all going waaayyy over my head now!

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No...retain it for your statement should it proceed...simply add after your comment re section 78 and that they complied, that the purported agreement is lacking all the prescribed terms and therefore unenforceable...then let them try to decide in what way.


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Check post #41 now I have added it to the defence.


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Amazing thanks so much :-)

 

Am I good to go and post up #41 onto the online website to submit my defence now please?

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Yes providing your happy with the contents.


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Fab thanks, all done and submitted - now let's see what happens :-)

 

Thanks for all your help so far,  I will  donate to the site - thanks again!

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:yo:


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Just to update you.........I have now received a letter from the Courts, to say that they have received my defence and that a copy is being served on the Claimant.

 

Now I just sit and wait for next steps :-)

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what else does the letter tell you...

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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so what does the 2nd  Paragraph say....


please don't hit Quote...just type we know what we said earlier..

 

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im not asking to see it

I know what it says

you need to READ  and UNDERSTAND  IT..

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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As an update, I have now received the attached N180 form as an offer of mediation - this is the first time I have ever seen a form like this so I have been having a quick read on the site and will have more of an in-depth read over the weekend and see what I need to do.

 

If anyone could give me any pointers, would really appreciate it and this is alien to me so I now need to do some homework :-)

Mediation Letter Nov 2019.pdf

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We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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oh wow thanks, is it really that simple at the moment :-)

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I have now received the relevant forms "notice of proposed allocation to the small claims track" Form N149A

 

I just have a few questions please:

  • Do you agree to this case being referred to to the small claims mediation services - yes 
  • Add contact details - yes 
  • Do you agree that the small claims track is the appropriate track for his case - yes 
  • Enter local County Court venue - yes 
  • Are you asking for the Court's permission to use the written evidence of an expert - do I answer yes or no here please?
  • Witnesses - I assume just myself?
  • Would I like to settle your case without going to a court hearing - I assume yes?
  • I can confirm that I have enough information about the claim, to allow me to enter into negotiations - I assume yes?

Would someone be kind enough to point me in the direction of another case similar to this please so I can have a good read and make sure I am doing this right?  Would really appreciate it, thanks :-) 

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Okay N180

 

A = yes ...dont worry its not an admittance and most probably wont even happen but all parties are expected to participate.

 

B = Self explanatory

 

C = Yes

 

D = D1 =At your local court you are the litigant defendant

D2 = No

D3 = 1

D4 =Self explanatory

 

Copy to court/claimant and one for your file.

 

 


please don't hit Quote...just type we know what we said earlier..

 

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