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    • The Letter of Claim information is not absolutely essential, but it would be useful for two reasons. Firstly, judges take a dim view of companies or individuals who rush to court without giving the other party notice and a chance to settle - the Letter of Claim.  If they didn't send it we could include this point in your defence and it would be detrimental to them. Secondly, we know Countrywide.  They are a very small cowboy company.  The are reluctant to do court, simply becasue they are very bad  at it.  Their record of beating Caggers in front of a judge is exactly 0%.  They have lost every time.  They send the Letter of Claim also to look for people who don't reply, thinking that the person might not reply to a claim form either, giving them an easy default win.  Conclusion - always best to reply to a Letter of Claim and ridicule the PPC's case.
    • Any update here? I ask as we have someone in a similar situation.
    • It's possible.   I suffer from ADHD and also anxiety and depression currently and struggle with paperwork.  I'll have a search around to see if i can find anything.  If they did send something I haven't replied.   I thought there's no way that they will pursue this because I know for a fact i didn't park in a private space and the evidence they have sent is so ridiculous.   What impact does this other paperwork have? Thanks!   I already sent the acknowledgement as i panicked and thought today was the last day to respond.   Then i remembered this wonderful forum.  I'll follow the steps in the sticky next.
    • The particulars of claim doesn’t mention statement of accounts.  Should I include that in the cpr letter?
    • This vile company is well known to us. Are you sure they didn't send you a Letter of Claim about a month ago?
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    • 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.  

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      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.

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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.

      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.
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      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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Nettyg v Hsbc ***WON***


nettyg
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thanks lattie - i see you're trying to save me from becoming a quivering alcohlic wreck lol

it's working i''m really quite calm :| xx

If i've been helpful in any way....then tip my scales over there!

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gosh.. hope i can join you guys in your drinking spree!! im afraid even cyber alcohol is banned from me.. teehee.. toes and fingers crossed now guys!

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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hi all

well in the post today was the 'notice of issue' from northampton!!! blimey that was quick

so now i presume i sit tight and watch the mcol site for any change in status. the bank has until the 3rd febuary to respond.... tumtitum tumtitum tumtitum lol

If i've been helpful in any way....then tip my scales over there!

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in one way yeah.. but in another i hope they're so slow they miss all deadlines and miss me completely so i can press the judgement by default button lol.

my son was just standing by me and asked 'mum why do you have so many pages... i guess u chat s**t too much'!!!!

charming!! lol

If i've been helpful in any way....then tip my scales over there!

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can't get me breath... only got the notice of issue from the court yesterday and just been on mcol site and see that bank have acknowledged already!!!! is this a record????

If i've been helpful in any way....then tip my scales over there!

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fraid not!, now when you get the paperwork for the acknowledgment -know what to do? send 3 copies to the court referencing your claim number and 1 copy to dg - address on pg2 of the ack. also referencing your claim number - it will come in 3-4 days.

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i just spent about an hour looking for a thread for a guy and it is just above the posts in the hsbc stuff - i'm an idiot sometimes - i'm off to bed! just thought i'd pass that along......i remember telling bong i was going to retire when i reached my 100th post - i did, for about a week and then came crawling back - because i enjoy helping people.

looks like i'll see 1000 posts by tomorrow. can't believe it! it really tickles me to see people get their offers and then their money back.

i'll stick around long enough to see you get yours netty, won't be too long!

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awww lattie... thank you so much, and congratulations on reaching your 1000th thread (nearly). believe me, every thread you have posted has been well appreciated by me and everybody else i'm certain. sleep tight xx

aw that's really nice.

If i've been helpful in any way....then tip my scales over there!

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fraid not!, now when you get the paperwork for the acknowledgment -know what to do? send 3 copies to the court referencing your claim number and 1 copy to dg - address on pg2 of the ack. also referencing your claim number - it will come in 3-4 days.

 

Send 3 copies of what to the court? Copies of the acknowledgement paperwork or copies of the schedlue of charges?

 

Sorry for the hijack :)

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schedule of charges rundll... yeah i know... we've already sent them a copy but this is what we are advised to do!! i'm just going to do as i'm told lol

If i've been helpful in any way....then tip my scales over there!

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lol.. they probably do have photocopiers but just haven't got time to get to one because all the claims they're sitting under. also there's all those trees to consider... doesn't your heart just bleed for them?

incidentally, we are also advised to fax, email, post, esp anything!! just to make sure dg have our copies lol

If i've been helpful in any way....then tip my scales over there!

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just to clarify - the advice does get diluted from time to time, also, i forget who i've told what to, so, i'll do this for all of you guys:

when you've filed mcol - they don't have a copy of your mcol( had you filed an n1 instead, you include copies with it - so no, at this point mcol doesn't have a copy of your breakdown, that's why you are sending 3 copies to the court - the northhampton address on your acknowled. or issue papers. also, send 1 copy to dg - address on pg 2 of the acknolw.

They always seem to work their way to your claim and then ask for a breakdown (it's a stall - of course they have it), so, beat them to it and send one. on all that correspondence - reference your claim number.

also, sending it to dg - gives you a reason to call a little later on - "to be sure they have received it" this bumps you up to the top of somebody's pile, also, it ensures your claim hasn't fallen behind somebody's desk.

if you have sent the breakdown and they file their defense - i then advise lots of activity to try to get an offer before the aq is due (that will come with the aq paperwork, a transfer to local court and a copy of their defense), they normally file their defense like clockwork on the 28th day - but keep on top of the judgment button - you could get to press it. (even if you do - it could get overturned by the judge and they would allow their defense to go in - they seem to get leeway here).

now, here's a little titbit. just yesterday we saw a claim where - they forgot to enter an acknowledgment - so after 14 days from the service date - claimant presses for judgment and they must have dropped the ball on this one - because they ended up a week or so later just putting the money into the account - they paid up at acknow. stage because they didn't follow the plan. so, i'm only saying - keep your eye on the ball.

you never know with dg.

i'm rambling - but hoping to instill confidence in you who have just filed - you are getting closer to your money with every passing day.

 

this is the one i think: stringernicy v HSBC

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.

if you have sent the breakdown and they file their defense - i then advise lots of activity to try to get an offer before the aq is due (that will come with the aq paperwork, a transfer to local court and a copy of their defense), they normally file their defense like clockwork on the 28th day - but keep on top of the judgment button - you could get to press it.

 

Thanks for the help lateralus, really appreciated. Ive taken to posting all my questions here as netty and I are at the same stage :) Hope thats ok netty.

 

Lateralus, if you could just elaborate on what you mean above? You advise lots of activity, on our part? And presuming they do file their defense in time, whats the drill then.

 

This is so exciting :)

 

Thanks in advance

Rund

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Thanks for the help lateralus, really appreciated. Ive taken to posting all my questions here as netty and I are at the same stage :) Hope thats ok netty.

 

Lateralus, if you could just elaborate on what you mean above? You advise lots of activity, on our part? And presuming they do file their defense in time, whats the drill then.

 

This is so exciting :)

 

Thanks in advance

Rund

 

hi rundll.. lattie means that we've got to hassle them by ringing them all the time to make sure they've got our breakdown - this ensures that it hasn't fallen down the back of a radiator somewhere in their office - and it comes to somebody's attention so we get to the top of the pile... this ok?

If i've been helpful in any way....then tip my scales over there!

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