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    • Great thanks. I will get on to it later this evening.
    • Well as I said, this is really outside my experience but I really don't understand why such a one-sided term which is also calculated to negate the court rules about costs is not considered to be an unfair term under the consumer rights act. As far as I can see, the unfair terms provisions simply refer to "a contract" between a trader on one hand and a consumer on the other hand. There is no definition on consumer which suggests that it has to be in terms of buying retail services in the usual way. It simply says that they are entering into a contract outside their normal trade or profession. Have you checked to see whether or not this aspect has been considered? Have you looked in the above case to see whether the issue of unfair terms was raised?
    • So they only sent you the NOSP/NTQ via email to date !   Its good you're seeing a solicitor who can answer all your question, keep us posted on CAG.
    • Thanks Brass.. got rid of Zoom as suggested..   dx100uk.. that's a great suggestion, but perhaps after I win this one we can go after his terminology    
    • pretty much par for the course then for a fleecing DCA that expects, as 99.9% of respondents do, wet themselves and cough up the instant a court form lands. they never expect a defence to be filed and simply don't bother to get their ducks in line.   so get each of these instances of missing paperwork together  list them. pop up on our enhanced google search box and type in claimform card default won or various other sentences and knock up a few words for each instance to relate to the sheriff during the CMD about how each is important within the consumer credit act and for the claimant to not hold them, under CCa rule xxx (for a DN its section 87) , its fatal to their claim.   dx  
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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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Going to Court on the 2 Jan 07


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Can you post up the whole of the order please? Is it a preliminary hearing or the actual hearing of the case?

 

Why so late? Sorry, but I find it very hard to beleive that the court only notified you of this a couple of days ago.

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In that case you do not need the court bundle - thats only for the final hearing. This hearing is a preliminary hearing to decide upon the allocation of your claim, ie, which track it would be most suited to.

 

You will need to go to the court to argue that your claim should be allocated to the small claims track. Heres a post by zoot which summerises the points you need to make - http://www.consumeractiongroup.co.uk/forum/barclays-bank/35043-ade-steph-jack-barclays-2.html#post436020

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Not your main evidance bundle, no, although it would certainly be advisable to be prepared to answer any questions the judge may ask you with regard to the basis of your claim.

 

You will need to argue that your case should be heard in the small claims track, as per the post I linked for you. If the judge decides the claim will go to the fast track anyway, its not the end of the world, in fact IMO the fast track has distinct advantages. The only disadvantage is that there is a theoretical costs risk, although in reality this risk is minute.

 

Turn up on time, call the judge sir/madam and be polite and concise. Argue the reasons your claim should be allocated to small claims. The worst that can happen is that the claim will go to fast track, so there is'nt any real pressure on you. Nothing can be 'won' or 'lost' at an allocation hearing. You'll be fine.

  • Haha 1

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 3 weeks later...

WELL DONE!!!!!

 

When did you get the money? What time were you due in Couirt today?

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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I won, Lloyds TSB paided up. But I recieved no letter just payment straight into my account :D

 

Sounds about right cowards, they knew they would lose. :D

 

CONGRATULATIONS

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Guest Battleaxe

I am out the door at this moment to see the Local Court regarding Judgement by default for the Non-compliance by MBNA, partial documentation recieved and of course my damages claim. The back home and working out the charges and starting the process for refund. of course without a proper credit agreement this is going to be even more fun for the Judge.

 

I am wiondering when the Judges will get so fed up with this and call the banks in for a serious heart to heart about wasiting the Courts time.

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CONGRATULATIONS!!

Well done, adkchum, Happy New Year!!:D

 

Elsinore

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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Hi Everybody - I just started looking into my charges (since july02) they add up to over 2k - I delivered in my first letter (14/12/06) and have heard nothing yet but have noticed lloydstsb refunding charges they were to charge me today? Will keep you posted on outcomes as they happen.Ps Happy New Year

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CONGRATUALTIONS! :D :D :D :D

 

Another victory against Lloyds - excellent!

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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I won, Lloyds TSB paided up. But I recieved no letter just payment straight into my account

 

Congratulations! Can I ask did you go to court or did they settle before you had to be there? Also did they close your account at all? I hear after settlement some banks are closing peoples accounts.

 

Also did you claim for every charge no matter how small?

 

Thanks & Happy new Year!

 

Tris184

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Congratulations!!!:) Well done Alastair.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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adkchum, thats exactly what lloydstsb did a few days before my allocation hearing. I got a letter a few days after the court date saying their client had paid on the understanding it wasn't an admission of guilt.

for FAQs & Step By Step

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________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

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WELL DONE

 

I won too - they paid direct into my bank account - no letter ! Really rude and unprofessional but heh that means there are no conditions.

 

I would have turned up at court if I hadn't checked my bank account. So advice to everyone - check your accounts daily if you are due to go to court.

 

J:cool:

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I am due in court on the 23rd and my bundle deadline was the 18th december, SCM haven't sent me anything I sent a letter to the court asking for their defence to be struck out and sent a copy to SCM, I have spoken to SCM again today, they say they still have no directions from 'their client' so it's all still up in the air.

 

 

Congratulations on getting yours settled without the hassle!

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