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    • Yes BF. I was about to issue that evening before I wondered whether the summons should actually be issued to them (Barclays Partner Finance at their head office) or to Clydesdale who own them? Or even to Barclays  as the owners of the groups. Thing is, I will issue as soon as I know and they have had a few more days grace if they think an NBA during Covid should allow more time.  
    • Johnson and Gove must think that Scottish independence is a certainty and Irish reintegration in the EU very likely - and they dont give much of a monkeys about wales Knowledge of Scotland not essential for government’s new ‘union unit’ jobs https://www.independent.co.uk/news/uk/politics/scotland-uk-union-unit-jobs-gove-b1800250.html   "The job ad at Michael Gove’s department demands candidates “demonstrate good political judgement” and have the “credibility to build a strong network of relationships across Whitehall”. " "However, it states that “understanding of policy issues relevant to Scotland, Wales and Northern Ireland” is only “desirable”"
    • many thanks DX I will do follow this advice.    one comment on what I've read on here. IDR  / the banks seem to rely on the non exclusive jurisdiction clause. However surely that would mean once its been through court here, it would no longer be active in UAE. Of course that is not how they work ie they would go for both UK and UAE if you ever returned. Is there not a way of highlighting and fighting there use of this clause on that basis?
    • Did you apply for a refund before you took any reclaim action?  If Ryanair refunded you for your flight then you have chosen to "end your contract" with them and they have no further liability for your travel.  This is pivotal because as long as you have a paid up ticket (and booking reference) then they have full liability and responsibility for you.  The minute they refund you, they have discharged their duty and you are on your own.   I am still trying to understand the basis for your claim.  The law says that if you are delayed then you have the option to refund or re-route (but not both which seems to be the case here).  You can go with the original carrier or not despite what Ryanair would have you believe.  You should tell them what you intend to do so they cannot claim later that you did not give them the option.     If I were to apply the best case to your situation it would be that the flight was delayed, you somehow told Ryanair that you were re-routing and off you went with your alternative travel arrangements.  You then put in your claim and waited.  If you then asked for a refund after your travel claim went in then you (and they) could argue that Ryanair has already part-paid your claim but you have a better case.  If you asked for a refund before your claim went in then the emphasis sits more with you to say you made a procedural error and they have a stronger defence.
    • There is a 'pharmacy' based one within range, although I understand the vaccinations are done by the pharmacy team at a nearby (otherwise closed) community centre - not the pharmacy   Have no idea why. probably space.   They are vaccinating with O/AZ as most seem to be apparently due to pfiser shortages
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 27 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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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
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Hoist/cohen claimform - ex EGG now barclaycard debt


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4 hours ago, dx100uk said:

 

go find a ws in the legal successes forum for your same player s there are loads relating to WON - No default notice.

adapt it 

take it with you 3 copies.

1 judge

1 cohen

1 for you.

 

you could email the court and cohen.

but its really very late to do so...

 

investigating the assignment is not needed.

 

there is no agreement there

just pages of T&C that can be downloaded from anywhere including this site or hoists filing cabinet.

for those to BE a compliant Agreement there must be an online signup box with a tick in it

there also needs to be your printed name

and 

the time and date 

and

the IP address of the PC used.

these are fatal to their claim

 

there is NO DEFAULT NOTICE, that is FATAL to their claim.

 

plenty of examples of a defendants (your) WS's here already with exactly the above problems re T&C's and DN.

 

the above is what you want

you've already sent your defence, it was wrong. not SB'd.

so get a WS together that encompasses the above and rips their crap paperwork apart

and point to how important the lack of Default notice is to enforcement.

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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none you already filed your defence back in February

remember you said it was SB'd then found out after you filed it wasn't...

 

you are supposed to be making a WITNESS STATEMENT.

 

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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Solicitor suggested that it was an unlimited loan more like hire purchase citing balance transfers..

 

.I tried not to say too much or admit any liability and continued to say that I had no original documents or default notice...that all they had were assignment documents and that they had provided nothing within original timeframe for me to make an informed Witness Statement...no ticked box, name, signature, date (just a stamp saying 04/2008, and no IP address on Egg document in their bundle.

 

I kept repeating no. 3,4,5,6 above...went on a long time and he was in a rush but the Judge suggested that he could interpret the evidence as it is a County Court.

 

..judgement against myself the defendant..

.have to send proof of income to claimant and negotiate payment.

 

Thanks for the help none the less, the solicitor had to think about it and delved deep into Consumer Credit Act...

will make a donation as soon as possible...

 

I really appreciate all of your help, it's amazing generosity. I would just suggest that it is difficult for us as novices to really

 

understand how important particular "to do's" are, and it takes us time to follow the basic instructions/suggestions of 'CHECK CAG Library', or 'RESEARCH & READ File Threads' (in the library) {Navigating

the site is really tough and daunting for us beginners}.

 

Please don't take it personally as you are helping people for nothing, but it would really help if we the novices in panic and problems, could have a 'gravity' title above certain suggestions for example "IT'S (REALLY) IMPORTANT (TO DO THIS ASAP)".

 

It seems trifling but for people totally unfamiliar with the system here it would really help us to gauge on a scale how important certain things are.

 

I just explain this perspective in the hope of helping all involved as much as possible.

 

I will be making a contribution and want to thank you all very much once again for relieving a lot of panic as much as anything.

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On 30/11/2020 at 11:24, Gonadz said:

Notice of Allocation was in early August to the Small Claims track (Hearing) - not sure why but I didn't send any evidence...not sure if they paid the trial fee of £170 will phone the Court tomorrow...

 

Yes they did - 255 if I want to set aside with N.244.

 

Preparation is key...its not really about knowing all the laws and legalese... engaging with your thread and posting regularly at each step of the process...as highlighted above.....not leaving it 5 months. 

 

You could have turned this around with a well prepared witness statement...but because you didnt engage, everything becomes last min and a bit of a scramble and panic.

 

But many thanks for your proposed donation.

 

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 OTHERS

 

 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

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Thanks again...I left it too long and paid the price. 

 

Another useful suggestion as all the pages look the same....

I thought I was on the thread page when I was actually on the private message page

(I'd bookmarked the PM page stupidly) so I couldn't see any replies.

Can I suggest a big Warning Sentence in BOLD or Capitals saying

BEWARE THIS IS NOT THE THREAD CHECK YOUR NOTIFICATIONS

Just a suggestion to help panicky users of the site who don't always think rationally.

 

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well its not a loan..

and had you followed the simple instructions here and just about any other claimform thread( of which there are 1000's

you would have done things properly, in the right order and in a timely matter to avoid the above ever happening.

 

not seen anyone have so much difficulty in understanding these things before here.

 

rather than faffing around on the site..why didn't you simply hit the link in the emails you get...much easier..

 

 

 

 

 

 

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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On what grounds ?

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 OTHERS

 

 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

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