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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Perch/TM Salford Fast Track Claimform - Progressive Money loan from 2016


gibson71
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Quote

 I was given a template for a letter to the company's solicitors managing the debt which I sent (common law) which I sent but they have just replied saying this has no effect (copy attached).

FOTL (freeman of the land) twaddle no wonder...

 

 

 

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Post unapproved you have not redacted your name address or any references identifying yourself.

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Use software to blur redact using Paint or Photoshop etc .

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Email is fine if they accept electronic communication.

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  • dx100uk changed the title to Perch/TM Salford Claimform - Progressive Money loan from 2016

No such thing as a defence template as all claims are unique to your debt and the particulars of claim. You can search similar topics with the same claimant/debt and similar circumstances.

 

Search here and have a go at drafting your defence with your details/particulars of claim using previous successful defence.

Post here for opinion and checking first.

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/

 

Andy

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I think you need to work on your point 3.....this is not some small claims amount that you can defend using technicalities but significant and will be Fast Track with serious costs implications.

 

You entered into an agreement for 15K.....the interest being front loaded is questionable and possibly unfair and should be calculated monthly Hence the requirement of settlement early redemption figures should you wish to settle early.

 

Andy

 

 

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Looking at the T&Cs it states

 

Quote

6. Interest Interest will be calculated on the daily outstanding balance on your Account and applied to your Account on each payment date.

 

You can go ahead and file the above as an informal first response then expand once you get to your witness statement stage of the claim but simply amend your point 3 to ;-

 

3. It is accepted that I have had a financial arrangement with Progressive Money in the past for a loan to the value of £15,000.00 excluding interest. It is denied that my indebtedness equates to the claimants claim of  £26,360.00.

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You will receive an acknowledgment from the court and the next stage is explained within but basically they have 33 days to decide if they wish to proceed...Im sure they will because of the amount of claim and then the claim moves to allocation to county court.

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They must disclose all the documents their claim relies upon by a given date which is determined at the allocation stage...I think you need to read a few topics by other users as the questions you ask are very basic and explained in the 1000s of court claim topics.

  • Like 1

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  • 4 weeks later...
10 hours ago, gibson71 said:

Thanks @AndyorchI have the form but need help with completing it if possible.

 

Have a go using the link I provided (you can complete it on your device) and the one mentioned and come back if your unsure of any of the questions.

 

Andy

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  • dx100uk changed the title to Perch/TM Salford Fast Track Claimform - Progressive Money loan from 2016
  • 2 weeks later...

Uploads unredacted post removed.

 

Nothing unusual within their DQs apart from them listing both of you as witness's on their DQ. 

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2 hours ago, gibson71 said:

Apologies @Andyorch was rather stressed to receive those yesterday and forgot to redact!  Did you look at the reply to defence too? Yes, In their DQ they are also wanting fast track not multi,Thats correct it should be FT and they want it heard in Leeds whereas they had said previously Durham which is where we live. Must be in your local county Court you are Litigants did you put your LCC on your DQ ? We wouldn't be able to travel to Leeds.  I assume both of us are listed as witnesses as it's a joint debt.  Does that mean we would both have to speak in court? 

 

You are not their witnesses and should not be listed as so on their DQ ...you are witnesses to your defence so you list yourselves on your DQ...they must list who they wish to witness their claim on their DQ...not the defendants.

 

 

 

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Directions are standard ...location of hearing is not a direction and you must inform your local county court as per my last post above.

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Thats irrelevant you as defendant litigant will take preference over the claimants request await your Notice of Allocation  and check the court has set your local County Court.

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ADR or Mediation is not a free service in Fast Track claims and must be paid for by the parties...so no to mediation/settlement.

 

.

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17 minutes ago, gibson71 said:

Great thanks.  Otherwise I assume I need to say I approve their directions which are fine except for transfer to Leeds CC.  Everything else OK?

 

Yes..... inform them you are the defendant litigant and it will be heard in your local county court.

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  • 2 months later...

Let's wait until you receive the claimants' statements and then we can draft your final version. In the event that they fail to serve it or serve it late give me a nudge 7 days before your filling date.

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  • 1 month later...

Have you received the claimants statement ?

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What date are parties suppose to file and serve by ?

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Right okay so you have not had your Notice of Allocation as yet.

 

 

 

.

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That's a long time since you filed (Feb) I would be inquiring with your local county court what the hold up is. ?

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Well yes and no if they have sent the N154 and you have not  received it or gone a drift you wont comply with the directions in time and they may already have  judgment ....worth a phone call for peace of mind,

 

 

 

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Experience....in litigation no news is not always good news:classic_wink: 

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This is Fast Track your first date task is 3a/b by 16.00 14th June and 28th June and then 4a by 26th July 16.00.

 

Andy

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