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    • best to be sure it is a N279. not that they pull any underhand stunts of course   but we have seen it. your bal is now £0 but we'll still attend court as you'll probably not as we've said we've closed the account and we'll get a judgement by default. dx  
    • Sorry, last bit They had ticked that they wanted the application dealt with without a hearing, so is there any relevance that a date and time to attend said hearing has been sent out ?
    • I've not seen it personally but I think that's the letter Dad has had from Overdales. I'll see it tomorrow. It states balance: zero
    • Agreed as you clearly have little faith in your star runners, mind you - I have less - conditional on the welcher clause I defined being part, and that we are talking about the three defined candidates: Tice Farage and Anderson - not anyone anywhere as reform might (outside chance) get someone decent to run somewhere. If any of the three dont run - they count as a loss.   welcher clause. "If either of us loses and doesn't pay - we agree the site admin will change the welchers avatar permanently to a cows ass - specific cows ass avatar chosen by the winner - with veto by site on any too offensive - requiring another to be chosen  (or of course, DP likely allows you can delete your account and all your worthless posts to cheapskate chicken out and we'll just laugh) "
    • This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that 1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing. 2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim. 3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence. 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024. 6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective. 7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661. 😎 It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.   They have asked for extension Because 2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.
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    • 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.

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      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
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Court Date!!!


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Hi all, I am trying to save a copy of spreadsheet (before court, no interest) but when i save it it doesn't save to a word document. When i open it, it is blank!! Any advice would be great.

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Save it as an excel spreadsheet to save your data then open a word document and import it into that document and save, however why bother saving as a word document just save it as a spread sheet anyone can access that if required. Hope this helps

 

Bullyboy

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If by acceptable you mean acceptable to the courts, then yes, absolutely no problem. They will only care about the information itself not what method you've used to present it.

 

But might I ask why?

 

Computer spreadsheets are ideal for this sort of job. Is it that you don't have the necessary program on your computer, that you don't have a printer, or just that you don't feel experienced enough with Microsoft Excel?

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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Strictly speaking, yes, you should have sent the schedule of charges.

 

But don't worry, it's not too late yet.

 

The first paragraph of Barclays standard defence will be to require "strict proof" of all the charges with amounts and dates. So you can then send your schedule to the court and to Barclays, making sure to quote your case number on both copies.

 

(If you claimed online through moneyclaim, don't send the court copy till the case has been transferred to your local court - less chance of getting lost)

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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Hi,

There are a few different ways it will go:

 

1) you will apply but they will try to get the judgement set aside (saying they didn't get paperwork etc) just a delaying tactic, then probably pay out once set aside.

2) The judge will ignore this and give you judgement by default. Then they will either pay out as ordered OR you send the bailiff's in to collect money.

JKop Vs Barclays SETTLED

JKop Vs Cahoot SETTLED

Jkop V Capital One SETTLED

Jkop V Marbles SETTLED

Jkop V MBNA £422 MCOL

Jkop V Egg SETTLED

Jkop V Cahoot Credit Card SETTLED

Jkop V HSCB £1500 W.I.P!

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you send the bailiff's in to collect money.

 

Can you imagine how much I would LOVE to see that! Two blokes in puffa jackets marching into Barclays and demanding the cash, or the computers, or the furniture...

"Well, as through this world I've rambled

I've seen lots of funny men.

Some will rob you with a six-gun

And some with a fountain pen."

 

Pretty Boy Floyd, Woody Guthrie 1940

 

"Some things never change", Vince 2006

 

All advice given is based on my reading of others' experiences on this site. I am not a lawyer, nor am I a beagle, a grapefruit or a trampoline. I will not be filed, sorted, classified or parboiled. I am not a number, I am not an animal, I am the walrus (goob goob a joob)

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I have had an absolute nightmare. I have recieved a letter from the court to say that Barclay's has asked for my case to be struck out. I have been told to look at a website that list the civil procedure rules and to look at rule 3.4 and 16.2. From what i can make out i have done somethoing wrong in my particular's of claim. MCOL have told me that my claim was sent back to the judge on the 28th September, i have to wait until the district judge has decided wether to strike it out or not. It is totally all my own fault, i cannot believe i have jeopordized everything. What can i do ? If anything?

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I have had an absolute nightmare. I have recieved a letter from the court to say that Barclay's has asked for my case to be struck out. I have been told to look at a website that list the civil procedure rules and to look at rule 3.4 and 16.2. From what i can make out i have done something wrong in my particular's of claim. MCOL have told me that my claim was sent back to the judge on the 28th September, i have to wait until the district judge has decided wether to strike it out or not. It is totally all my own fault, i cannot believe i have jeopordized everything. What can i do ? If anything?

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if you can detail this a bit further maybe we can help.

 

it may be that the banks solicitor have just tried to get it struck out, saying you have no case

-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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Can you copy your particulars of claim so we can have a look?

HSBC

7th October 2006 - Prelim for £3078

24th October - LBA

7th November - Claim filed

11th November - Acknowledged with intent to defend

11th December - Defence filed

16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

 

Halifax

7th October 2006 - Prelim for £3427

24th October - LBA

3rd November - Offered £913

3rd November - Accepted as partial payment

7th November - Claim issued

21st November - Acknowledged with intent to defend

11th December - Offered full amount but no late payment removal

4th January - SETTLED + removed adverse credit info

 

A & L

19th October - Prelim for £540

26th October - Offered £358

2nd November - Accepted as partial payment and LBA

27th November - SETTLED + removed adverse credit info

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there is a procedure for this, i have read up on it but i have not got that far yet. You just need to read up further on cases being struck out.

 

sorry i cant help with that further

-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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Do you know how stupid i was??? I typed up the particulars of claim onto money claim on line but didn't keep a copy. The court did tell me that in my particulars i included my name and my partner's name as it is a joint account and that she thinks you can only have one claimant. That's the problem they are not specific about what you have done wrong.

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