Jump to content


  • Tweets

  • Posts

    • Nick Wallis has written up the first day of Angela van den Bogerd's evidence to the inquiry. I thought she was awful. She's decided to go with being not bright enough to spot what was happening over Fujitsu altering entries on the Horizon system, rather than covering up important facts. She's there today as well. The First Lady of Flat Earth – Post Office Scandal WWW.POSTOFFICESCANDAL.UK Angela van den Bogerd, on oath once more It is possible that Angela van den Bogerd and her senior colleagues (Rodric Williams, Mark Davies, Susan...  
    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
  • Recommended Topics

  • 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

Backdoor 2018 CCJ Lowell/overdales - old 3 mobile debt - - now Marstons HCEO threat of writ of control ***Set a Side & Discontinued***


Lulu621976
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 560 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

I don't think I did, I'll check with my bf, when he returns. I asked him to take a copy of the n245, not sure if he took a pic of the n244, I was up a height and really stressed and anxious......and hurrying to complete it to make the appt....

Link to post
Share on other sites

so quite probably an N245 and an N244 filed.

lets hope she put them both through

 

you'll soon know as the court will write.

 

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... 

Link to post
Share on other sites

The receptionist said when I left there would be a hearing at a later date, it would be 30 mins and they would let me know when,

 

tbh I didn't realise I would need to attend court, so I'm sure I'll be bk on here for some advice as to what I may be asked on the day .

 

Thank you so much for your help,

 

I'm truly grateful, 

 

Lucy 

Link to post
Share on other sites

  • dx100uk changed the title to Backdoor 2018 CCJ Lowell/overdales - old 3 mobile debt - - now Marstons threat of writ of control

i suspect lowell or overdales will be in contact by letter too soon.

 

scan it up here when you do .

 

now back to this debt.

 

tell us what you remember about the phone/contract and what happened or not around the time you stopped using it.

 

+£600 is quite a sum, but will be the monthly contract rate of the remaining months it had to run, which i've said even Ofcom have stated is unfair to levy.

 

 

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

I came out of a woman's refuge, offered a flat really quickly ,

took out phone contract as I didn't have one,

 

husband wiped out my bank acc and took my car, 

was totally skint and sold the phone after a month.

 

I was alone and in an empty flat, with little financial support, seemed the only option at the time.

 

I think the bill may be so high as the handset was a decent one. 

Link to post
Share on other sites

can you remember if you just signed up to a mobile contract or you also signed a credit agreement to buy the phone?

 

there POC simply states remaining contract and nothing about a credit agreement for a phone, which i don't think 3 did in those days anyway, so the phone was 'free' with the contract . if it was an 18mts contract it would have been around £35PCM? 

 

 

 

 

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

I can't remember if it was a credit agreement or contract, I can't recall the amount per month neither, sorry, it was a difficult time. Is there some way I can find out if it was a credit agreement or a contract? Thanks 

Link to post
Share on other sites

send 3 an SAR 

but read all the posts in the sar thread carefully 

as you'll need the contract number from the POC and CTAX bill for where you are now as proof as you've obviously moved.

 

that should coincide nicely with a hearing date .

 

and you'll know if the rubbish stuff lowell sends you (as they will have to in the statement ) is real or not.

 

but eitherway the sum is unfair according to Ofcom.

 

use our enhanced google search box.

 

lowell claimform mobile

and read a few 10's of threads

get upto speed.

 

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... 

Link to post
Share on other sites

Thanks so much, I'll tackle that tomorrow.  My brains a bit fried ATM. Thanks once again for taking your time to help me, I really appreciate it 👍😊

 

Hi, just an update. Received this today also copy of the forms I submitted to the court yesterday

my N244 text - set aside hearing date 22-06.pdf

 

I've been reading threads you suggested last night. I

'll send the sar today.

Is there a possibility that lowell won't show up at court?

Seems that has been the outcome for many,

 

thanks. 

Link to post
Share on other sites

Just reading through your instruction....regarding the rubbish stuff Lowells will be sending....what are they sending, will they do it automatically? 

 

I've not requested anything from lowell,  I've never even spoken to them. 

 

Hi, just spoken to Northants again. i've posted all they have of the poc 

should I contact overdales?

Thanks

Link to post
Share on other sites

god no.

 

the judgement CCJ has the total value on it

would be nice to see what the extras were though they pushed through.

 

 

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

  • 3 weeks later...

Afternoon, so I'm due at court on Wednesday. I'm going in clueless, how can I prepare for this. Nothing has xhanged since my previous post. A few emails from marstons asking me to complete their expenditure form, which I've ignored.

Link to post
Share on other sites

nothing from lowells/overdales at all regarding their defence to the set aside?

no contact whatsoever?

 

looks like a win win then.

 

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... 

Link to post
Share on other sites

Well the writ is already stayed by order of the court.

Lowell have not responded, so just turn up.

Everything should be quashed when gou win.

Inc removal of the ccj from your file.

If all that happens..debts gone too.

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... 

Link to post
Share on other sites

I sent the SAR to 3, they replied with their own form for me to complete, that was Saturday,  I've not responded to that yet.

 

I've not contacted Lowell/overdales to request anything, so not heard from them.

 

I just have no clue what to expect, what they will ask or what I'm to say.

 

Just play dumb to the said debt?

Do I need to take anything?

I'm getting a bit anxious about the whole court situation

Link to post
Share on other sites

its not for you to chase nor contact lowells, the court would have done that by informing them of the set aside.. tough luck for lowells.

 

i have outlined bits of how these claims are made (bogus contractual charges until end of contract on the months remaining) 

ofcom have already deemed these unfair.

 

there are lots and lots of lowell mobile claimform threads here ( use our enhanced google searchboc)

have you read any of them?

just make a few notes.

 

i would also make it known, if asked about the debt, that it was as a result of an abusive relationship which resulted in many other debts in your name too. and ofcourse the refuge etc etc.

 

if lowells don't turn up i doubt you'll be asked anything, 

 

winner winner chicken dinner

 

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... 

Link to post
Share on other sites

  • dx100uk changed the title to Backdoor 2018 CCJ Lowell/overdales - old 3 mobile debt - - now Marstons HCEO threat of writ of control

FWIW this is a HCEO Writ/NOE so as far as i remember an N245 is only applicable to county court bailiffs not HCEO Writs, thats why an N244 was recommended used/filed.

 

im trying to discover if you should have also sent the original claimant a copy of the N244, but as far as i can see the court inform the claimant an N244 has been filed to stay the execution of the warrant and set aside the CCJ.

 

sorry not firing on all cylinders at present and some rarely used braincells are not remember rarely used memory.

 

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... 

Link to post
Share on other sites

Thanks dx, I'm ever so grateful for all your advice and time! I'll go through the threads today, and refresh my brain. Northants said I had to submit both n244 and n245, so I did. I'm keeping my fingers crossed that lowell are a no show, it's quite a long way for them to come (sunderland). 

Link to post
Share on other sites

  • 1 month later...

how did you get on ??

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

  • 1 month later...

Good morning.

I was back to court a week past Friday. Lowell sent a representative.  I'm a bit lost off to what happened. 

 

the lowell rep started off. He produced a witness statement from an overdales solicitor, the judge asked did I know of this, I replied I've not heard of this person nor seen the statement, the lowell rep then gave me a copy.....the judge then adjourned for 10 mins so I could read it.

 

On returning I said, I'd not received any proof of this debt ever, I actually thought it dated back to 2015, but infact it dates back to 2012. She agreed with me that this was confusing and was such a historical debt that seemed odd that a judgement had been made at all.

 

Lowell rep argued the toss, but judge said the whole judgement was questionable. The way I have understood it, she told me I had to write a witness statement to defend myself, I need to send a copy to the court and to overdales by 30th September. 

 

I think she's set the judgement aside, but wants another/new hearing for the actual ccj......I'm a bit lost off tbh, I've waited and hoped I'd have some correspondence from the court, but nothing as yet.

 

Does this make any sense to anyone pls? Thanks

 

overdales witness statement .pdf

 

 

Link to post
Share on other sites

i would say if there is a hearing to come when?

the judge set aside the CCJ and this resets things to as if you've only just got the claimform?

 

unless the judge has simply adjourned the case so you have time to digest their hidden WS and do your own one by the 30th sept pulling theirs apart?

 

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... 

Link to post
Share on other sites

Morning dx, no future date was set, I'm positive she set it aside, bit to still need to send my ws. I'm sure she said the ccj would need to be re done ie a new hearing.

 

Sorry my info is sketchy, I was nervous and was a bit confused with the legal terminology between judge and lowell rep.....but the judge was very much in my favour.

 

I did raise the missing "costs" on the poc. The rep then said, max humphery, the witness states the cost in his statement, I said, dies he, but where is the proof?

 

I said I've never to this day had proof, nor breakdown of costs....the judge agreed this unfair in my favour.

Should I ring the court and ask for further details?

Link to post
Share on other sites

i would p'haps get on the your WS in reply then.

 

can you scan their upto one mass PDF please?

 

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...