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    • hi   im having a nightmare, barrister just quit said conflict of interest if use argument of undue influence on my husband   its not actually a point im going to use in witness statements, but he says he knows about it so cant act.   i have days to get these witness st  in and i feel abandoned. he says his advice still stands, we have a strong case   im scared to do fast track court on my own.   i have seen copies of internal emails between claimant and his solicitor- they rely on the loan offer and loan agreement being considered together as one contract. (they are sent and signed seperately at  different times, but want to append offer to form 'part of' loan) .- but also quite tellingly ask each other 'is there any other agreements with their personal signatures on?'   we are arguing - loan agreement signed 'on behalf of limited company' no statute of frauds , lots of case law etc. relying on construction of contracts and interpretation case law too in full barrister advice and legal defence   my husband never signed a loan offer, condition precedent which  they want to append to a loan agreement signed  only on behalf of company its easier to argue his case.   i have signed the loan offer  11 june (proved by certificate of completion), i have email where they nagged me to sign immediately or they will delay funds-email evidence to go in bundle   then they sent loan agreement for me to sign on behalf of company a day later 12 June-(docusign evidence provided but not actual loan agreement)     which contained information and definitions i required to understand the loan offer,   i never intended any signature on a loan offer to apply to a loan agreement i hadnt been sent or seen. this would lead to an unconscionable result due to their pressure and coercian   you've seen the loan offer and agreement above, what do you think   i am need of moral support today to see if i can manage this on my own.     TIA            
    • Hi  - no this is in another town unfortunately. snotty letter, ive tried 3 times to find one, ill try again    
    • Hi and welcome to the forum.   They really wont toe the line and comply with government legislation......small claims court time...then they will listen.     Andy
    • To give you a brief overview of the matter:   I had booked my wedding at the venue for 19th July 2020. I had several correspondence with them during March, April and May to find out what options would be available to me if my wedding can still not go ahead with the 400 scheduled guests. In May they finally emailed me with an option of either rebooking my wedding to the following year; with several restrictions as to when I could rebook e.g. only on a sunday and only into a peak season month, or I would cancel and be subject to their cancellation fees which according to their contract: if cancelled within 9 months would be 50% of total costs or if cancelled within 6 months (as would have been my case) I would have to pay 95% of the total venue cost. Naturally under pressure I chose to rebook to the following year of 25th July 2021. I had to sign the variation agreement of the date which states if I wish to cancel my new date then I will be subject to cancellation fees based on my original date which is an unfair term. I  emailed them in November to inform them that it was unfair that I was not offered the option of a refund for my cancelled wedding in July 2020 and as per CMA guidelines I should have been offered a full refund. It is also unlikely that my wedding will be allowed to go ahead with 400 people in July 2021. I informed them several times how many people will be attending the venue but they stated that my booking was not for number of guests, but for a room hire only, despite them asking me the number of guests they need to accommodate on the initial enquiry form.  They are refusing to give me a full refund and are demanding I pay another instalment despite me informing them I can no longer go ahead with this booking.    Can anybody advise me in this matter I would greatly appreciate it, I am not sure whether to take this to a small claims court.
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    • 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
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Southern Water/ Shulmans claimform - water and sewerage charges ...


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Ex called CCBC asking to confirm receipt of her original defence dated 14/02/20: Yes.

Also when asked agreed that all contents of the file in this case had been sent to our local court as per N180  and recent N24 etc.

 

Ex is now attempting to speak to someone at local CC to ask why the Judge has requested her defence, given the CCBC say they forwarded everything.

She will ask for local CC email address to resend the original if necessary.

 

The fellow who called her yesterday, called her again this morning.

Said he was from SW&S offering New Start and whatever else is possible.

 

He asked who was giving her her advice CAB or Money Matters?

He got confused when ex stated the matter is in court, pretended not to know.

 

She took his numbers too.

How can I get these to you?

 

Thanks

 

stephenXL

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So do us a favour Stephen....no more phone calls to anyone......relax for the rest of the day.....and If I need you you will get an email conformation tomorrow.

Yes edit to suit...( adapt 2 & 5) and yes email will suffice for defendant 2.

they have 28 days to 'something' if they dont the case gets autostayed   the court should write and inform you about this and ack the defence has been received.   now time to

urm..post it here

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... 

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OK.

 

Office number: 0800 0270800

Working from home: …...

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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well the 0800 number is def southern water.

 ive removed the mobile as it vould be his own one.

 

 

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... 

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SO:

Yet another call to my ex from the chap at SW&S this morning.

It appears that the Litigation Team at SW&S were(allegedly) unaware of any interventions being undertaken regards New Start.

 

He then went on to explain that Litigation team will not be making any such offers, the matter is in going to court and things will be decided by a Judge. He is confused because the litigation team instructed him to try and make the offer etc,. They now seem to be in denial.

 

Given the issue of the state of health of my ex partner this seems to be yet another failure/lack of understanding of their own Codes Of Practice.

 

Huge round of applause please.

 

stephenXL

 

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

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  • 2 weeks later...

Update:

 

My ex received a text yesterday asking her to " Please contact UK Search on 01246488927 regarding Southern Water (quoting a ref)

 

Called them back at 17:25 Spoke to someone named Sue, who asked if she was going to pay by credit card the outstanding amount of £4k+ today? Answered no.

 

Why did you call this number then? 

Answered: Because of a text message that was sent. (Sue) I will redirect you to our litigation department.

 

Then redirected to someone from litigation called Linda who proceeded to ask "have you submitted your defence and have you(she) had the result?

Answered no.

 

Any advice would be appreciated.

Thanks

stephenXl

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what result from submitting her defence? and from whom?

 

 

 

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... 

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Share on other sites

Why is this account back on the desks at UK Search? Who are UK Search for that matter? DCA?

 

Post#50,52,53 show that SW&S Dumped Shulmans and chose to conduct matters themselves.

 

They seem to be freely sharing information using tactics in an attempt to gain an out of court settlement.

Is it possible that sharing this info with a DCA  still, at this stage, using personal contact information, a data breach?

No-one has given authority to share court case info.

 

Thoughts please

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

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not an issue

 

simple answer is to stop answering the phone .

 

dx

 

  • 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... 

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Share on other sites
  • 3 months later...

Hiyya,

Here's the latest update.

 

Southern Water have issued a Notice of Discontinuance against me.

(On the basis that they accept that I have not resided at the account address as laid down in my original defence).

 

They phoned me on Friday to explain that they hadn't received confirmation from of this from me.

Having had it explained, I accepted the fact.

 

However, they are continuing to pursue the case against my ex-partner Theresa. 

Case being heard via telephone tomorrow (Monday) 12.30pm

pointed out that this would likely impact heavily upon her mental health.

( The issue of her mental health was frankly met with little, if any, empathy.)

 

had brief discussion pointing out that no response had been given over the sum of the debt which is Statute Barred. Which after a few moments resulted in approximately £920.00 being removed.

How they arrived at this figure I am not at all sure, even though it is welcomed.

 

By the way.

 

At no time have either of us received any response in regard to CPR31.14 requested by us back in February.

WHY?

 

The discussion evolved and became quite clear that they seeking to get a judgement based upon a regular re-payment deal regardless.

 

This leaves my Theresa somewhat blindfolded as they have all the information at hand.

When I asked if whether Theresa could ask for an adjournment to better prepare, they immediately responded that she would have to pay court costs in the order of £320 to get it.

 

They have agreed that I can be available at the telephone hearing to assist her in asking questions and giving any info we do have at hand, providing Theresa makes a request directly to the judge each time.

 

Its my view that Covid 19 may have circumvented court processes.

 

Any guidance that you could offer would be very welcome

Sorry about the length of post.

Thanks

 

stephenXL

 

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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so she never exchanged witness statements?

CPR is simply a request they don't have to respond

but they must include anything they intent to rely upon in their WS

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... 

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Share on other sites

No exchange of witness statements whatsoever from/to any of the parties involved.

 

Earlier posts #55,56,59 61,62, 65,76,80 could be constued as an attempt by SW at mediation I supose, however it was stated by them during these exchanges that no account would be taken regarding Statute Barred sums.

 

Are we to assume that this is now a hearing rather than a mediation process?

 

Thanks

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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you mean the court have written regarding tomorrow?  , or this is simply the mediation service tomorrow

if it's the mediation service,

the same N180 questions are asked again..

...simply state i do not have enough information to make an informed decision upon mediation.

mediation will fail as it should

 

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... 

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Share on other sites

After originally setting a hearing date of 12/Aug/2020, which was set within a timeframe where Theresa had expressed on her N120 her unavailability to attend, the case was then re-scheduled for tomorrow.

 

The court sent that out months ago.

Received nothing else since then.

It was SW that contacted us both on Friday to say they were going ahead with the matter.

 

Not sure why Court doesn't confirm matters.

 

Thanks

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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sorry yes mediation was months ago.

so she already did and exchanged witness statements with SSW/court prior to aug 2020?

 

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... 

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Share on other sites

NO.

No witness statements have been exchanged-- period.

AOC, Defence, Allocation and other legal documents but no Witness statements.

 

N24 also orders that

1. The claimant is ordered to arrange the remote hearing

3. The telephone hearing must be arranged through BT-Connect or other court- approved provider.

 

Going on to say: This is a telephone hearing and it is responsibility of the legal representative for the Claimant to arrange this, with a telecommunications provider from the approved panel of service providers. It then lists 4 such providers.

 

Which flys in the face of what the head of litigation said to me on Friday: quote: Please make sure that Theresa answers the phone when the court calls.

 

Thanks

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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typical also states exchange of documents by 14 days prior.

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, what can she do?

It seems that correct procedures
have not been followed.

Thanks

stephenXL

 

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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can you scan up the n24? and the subsequent letter/email of its deferral @12:30

pdf only please

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... 

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Share on other sites

You will have these very shortly.

 

Thanks

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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Here they are.

 

Not sure wether you will need to rotate them.

The re-allocation was written over an original copy, court did not even change the date (top of doc)

 

ammended n24.pdf

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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a case management hearing...

if you hark back to the original N24

 

it says docs must be exchanged by 2pm 2 days before hearing...

N24.pdf

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

30 mins ago got a phone call from the Court postponing the hearing for today due to listing error.

Declined the offer to re-list for tomorrow 2.30pm due to other commitments.

 

Court will re-allocate for a date in the near future.

 

Thanks

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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i'm pretty sure it will help if you get a skeleton argument prepared and in now.

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

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