Jump to content


  • Tweets

  • Posts

    • we have known for a very very long time that 9/10 the OC never knows IRRWW are chasing debtors nor  in some cases even taking money from them that the OC never ever see!! IDRWW pockets it -  free money - lets all go on a staff holiday. there was an article some years back whereby that quoted some +£4M debtors had paid to IDRWW on UAE debts that when contacted the originating banks knew nothing about....😎  
    • let the ombudsman do their job. you'll win handsdown you dont obv owe OVO p'haps anything at all.  dont worry about Past Due credit or any other DCA ( THEY ARE NOT BAILIFFS!) as for you being added to the debt, thats quite OK, you were a resident adult and equally liable under law. once you start getting things moving via the  ombudsman dont forget to get your credit files cleansed of any negative data & seek compensation for distress etc, again the  ombudsman should sort both out for you. as you are now NOT a customer of OVO, there is very very little they can do to you now.  
    • A question - did you use the supermarket or the restaurant? I see the restrictions are different. Sign.pdf
    • DN is ok DCA NOA is ok, though not one from Newday saying they've sold it. agreement states esigned on a sunday at 11am?? really??  but no typed names or tick box nor any IP address used. if the date is correct then poss ok, it that your correct address for that time of take out? but if not, then that could simply be a copy of someone elses they've used with you details copy'n'pasted over theirs. the agreement details separate T&C's in at least 8.4. a full set of T&C containing your correct address for the time MUST be included. failure renders the agreement unenforceable... have you the T&C's too? dx
    • Npower and Scottish Power and others have always had regulations that require them to treat customers fairly - the threads here and my experiences demonstrate that those regs are little more than useless.   Even Octopus recently spent month after month saying they needed to increase my monthly payments despite my credit balance slowly going up TWICE I had to reset it online back to prior payment as they unilaterally increased it unilaterally. Raised formal complaint and they than said i was paying too much and reduced the payment, again without my agreement, although that time at least they told me they were doing it.   .. and Octopus has been one of the better ones.    
  • 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

Directions Hearing Leeds


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6167 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

  • Replies 314
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi All, Is there any template letter to fax to the court to let them know i've settled with barclays. Ive had a quick look but couldnt see any.

Thanks

Jenny

Link to post
Share on other sites

Just wanted to wish you all good luck. Hopefully this will set the legal precedent we need to force the banks to behave better towards it customers.

 

Sincerest best wishes

 

eratu13

Data protection act letter sent ,received partial info with 2 days to spare.

 

Preliminary Approach for refund sent 19/08/06 standard delaying letter received 25/08/06

 

Posted Letter before action 06/09/06

 

NI Small Claims Online 22/09/06 filed claim for£1977 with interest and charges comes to around £2800.

Return Date 26/10/06

 

Court Date Adjourned at direction of Judge awaiting OFT/Competition Commision report due March

Link to post
Share on other sites

Jenny just send a letter with the info on.

I'm going to include a proviso that it is subject to clearance of funds. Or you could ask for an adjournment of a month to alow funds to clear.

 

I noticed that the Barclays cheques were printed on 15/ Jan 07. I suspect the previous cheque book had LOTS of dust on it before, but has since been used up VERY quickly.... :)

DD I have PM'd you a copy of my CMC info sheet. Court don't send you one. Amend to your case. Email and fax a copy to Charlei Sprand or Tony Lombardi.

Link to post
Share on other sites

Well I have 7 days to consider Mr Lombardi's offer, I'll decide after the hearing as I have the option. I am unable to settle due to Barclays actions susequent to the claim being raised and unfortunately Barclays seem unable to undo their handy work.

 

Don't want to cry wolf but do we have any friendly barristers that can be used if this goes to court. I wouldn't want to make a mess of the precident.

All done I think

Link to post
Share on other sites

Hi, I havent recieved the chq yet, hopefully monday...it wont clear by wed. I cant imagine the chq not clearing but as crispdust said, should i put something like "subject to cleared funds" or along those lines, they could always cancel the chq if there feeling that way inclined i suppose. i'll type something up tomorrow.

Jenny

Link to post
Share on other sites

You could phone the court & ask for a continuence of 1-2 weeks on the basis that you are awaiting payment of cleared funds by the defendants. That way your not withdrawing your claim whilst at the same time not wasting the courts time on the day

Link to post
Share on other sites

Hi, thanks for the help guys. I've completed my CMI sheet and am ready to send it. I can nip to the court on my lunch but just have a couple of queries as well. Firstly, I presume I'm right in sending a copy to the bank's solicitors as well? Secondly, I'm acting on behalf of a friend in this case. Does it matter that he's not gonna be able to attend the hearing (he actually lives in Manchester and it was moved to Leeds (County court first) due to me? As I only recieved notification of this on saturday there is also a chance I may not be able to attend - I think I read on the thread that this would be ok as long as they have my CMI: can anyone confirm this? Finally, as I'm representing my friend, how should I refer to myself on the CMI sheet? On the notice of transfer of proceedings they refer to me as "The Claimant's Solicitor" - is it ok to go with this even though I'm actually his cousin's friend's son and travel agent! I'm gonna call the court to clarify much of this but its a bit difficult from work and they dont open till 10 so I was hoping to get as much info as possible before then.

 

Thanks again and good luck to everyone else.

Link to post
Share on other sites

Dixie,

To attend the Court to represent your friend, you would need to get the Judge's permission to be your friend's 'Representative'. I did this in respect of my daughter. I asked permission on the basis that had the claim gone forward on the Small Claim's track, there is specific provision for the claimant to take along a 'lay representative' to speak on their behalf. Therefore I did not see why my daughter should be denied the facility through the case being transferred to the Mercantile Court. We received permission.

Not sure how you will stand if you or your friend do not attend the hearing. I would feel uneasy at not doing so unless the Court said it was not a problem. I suppose it depends on what the Judge is intending to do at the hearing and whether he is content to proceed purely on what you have put in your CMI sheet.

Link to post
Share on other sites

Having heard nothing from the bank despite accepting their offer over 2 weeks ago,I have just been in touch with the court and they advised if the bank hasnt settled by weds we should attend the hearing.

;) If this helps please click the scales bottom left
Link to post
Share on other sites

DD, I don't think it is necessary for you to attend the CMC on Wed if you can't (but don't let the bank know that)

The CMC is for the judge to decide how best to procede with these cases, if there are any left to do!

I would fax and email a copy of your CMC info sheet to bank legals asap - it shows you are serious. Hopefully they will get back to you by the end of the day.

Had a message from Charlie boy on my mobile this morning that he hasn't received a returned settlement letter ( I faxed it back 30 mins after receiving it Friday....) Sounded a bit uneasy.... :)

Think I'll let him sweat a little more today.... :)

Withdrawal going into court today.

Link to post
Share on other sites

Hi everyone,

 

Am I glad I found this thread!

 

This morning I've received a letter from the courts telling me my case has been transferred to the Mercantile Court. Mine's the last claim on the list - 7LS40098 - versus Yorkshire Bank.

 

Obviously, with two days notice, I cannot comply with the court's instruction to hand in my CMI form 7 days before the hearing. I am also left with no time to adequately prepare my relevant documents etc etc.

 

What would be the best thing for me to do now? Maybe to copy the CMI template already posted on this thread and hand it in to the courts tomorrow (I work only 2 minutes away from the Leeds Courthouse)? Maybe I should also try to find out the fax number for Clydesdale's legal team and send them a copy?

 

My claim relates to a VISA card. I've claimed for the charges + 8% APR + court costs... am I missing a trick by not claiming for any interest they've charged me on their charges? And is it too late to sort that now?

 

Thanks everyone!

Bletchley.

Link to post
Share on other sites

Bletchley,

 

The Court told me that the 7 days is not cast in stone.

Yes, take the CMI sheet to the Court asap. Fax a copy to the defendant (the bank) and to their legal team if a separate firm of solictors.

By claiming the 8% simple interest (allowed by the County Court Act) you are in effect claiming compensation from them because they have had the use of your money (the charges) over that period of time. Rather than claiming the 8%, some people have claimed 'contractual interest', ie the lending rate charged by the bank on your overdraft. Not only is it a much higher rate but it is compound interest rather than the 8% simple interest.

My understanding is that if you were to claim contractual interest, I think you would need to know the rate applicable at the time of every charge - the bank will have changed its rate at various times during the last 6 years.

Personally I think it is probably too late in the day for you to change the interest now - you would be amending the claim, although I am not sure if you may be allowed to do that on the Mercantile multi-track ie at item 4 'Statement of Case' of the CMI sheet? Be careful not to mess things up now.

Link to post
Share on other sites

Hi All, i still have not received the cheque, possibly tomorrow. If i do the court have said i can halt it for 2 weeks, if i dont receive it roll on wednesday.

 

jenny

Link to post
Share on other sites

Thanks for the speedy reply Calculator. It's safest for me to stick with what I've already claimed - no time to go through 176 statements again.

 

I'm going to use the template CMI from Haydn (thanks for posting it, J.Barton1!) and hand it in to the courts. Have also obtained a fax number for YB - 0141 242 4723, so they can look forward to receiving their copy too.

 

See you all in court!

Bletchley.

Link to post
Share on other sites

Bletchley, sounds like you're in a very similar position to myself. I dropped my CMI stuff off today and emailed it to the banks' legal team. I also work 2 mins away so I guess I might see you on wednesday. I'd say you have it pretty sussed so just get the info sent and see you in court!

Link to post
Share on other sites

Hi All, i still have not received the cheque, possibly tomorrow. If i do the court have said i can halt it for 2 weeks, if i dont receive it roll on wednesday.

 

jenny

 

Thats good Jenny because when I rang the court at lunchtime, they told me to attend if I hadnt got the cheque.Maybe ring them again tomorrow if it doesnt turn up. Bank told me it was sent out last friday

;) If this helps please click the scales bottom left
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...