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    • Not really. His claim will succeed simply because its a simple matter of a lost parcel and no insurance. Its not a complex case so I think he’ll be fine, especially as it is P2G who arent very good at defending claims but I ageee its not been handled at all well.   My only concern with withdrawing is that he loses £35 in the case of £240 but thats a matter for him   I dont think it has a reduced chance of success if OP actually replies and actions things but if not then ofcourse it will struggle.   My concern is if he starts again it’ll be just as sporadic.   Maybe close thread and let him make a new one if hes ready to engage?
    • Please will you start reading up on the stories on the some form especially the pinned post. I have to say that I'm concerned that you feel that a warning from P2G is going to affect your rights and is going to subvert statutory law. I think you've been here for a few months and I would have hoped that by now you would understand that terms and conditions must always be interpreted in the light of overriding statute. Also I suggested that once you have done the reading on the sub- forum then you would understand the information that we would need in order to give you the best help. The fact that you haven't told us what the item was suggested also that you haven't done the reading. Please give us full details including identity of the item, value, where these properly declared? Dates – blah blah blah. Not paying attention to P2G. Pay attention to us
    • P2G can make clear whatever they want frankly, the judge isnt going to sit there and go “they told you to buy their insurance and you didn’t” and then dismiss your claim.  I would say you should send a formal complaint then after 7 days sent a LOC. Day 21 from now submit your claim on OCMC.    
    • I thought i could just use ( copy and paste)  the terminology from my other post earlier in the year when i previously claimed against P2g .   The parcel hasnt been 'officially ' lost yet i have another 13 days before their 'investigation' ends and then theyll probably offer the postage back as i didnt take the 'insurance'   But to recap ,  The parcel was booked through P2g and sent with Evri. No Protective Insurance was taken out. The parcels value is only £48 plus postage of £3 and the value of the parcel was declared The parcels tracking says while it was in Evri's system it was sent to an 'incorrect' depot and tracking would be updated in 24 hrs which it didnt and the delivery date passed, i then had a live chat with P2g who opened an investigation and im waiting to hear what's happened. My only concern is,  last time i claimed P2g made it clear that in future i must take out their protective insurance which i gavent and im wondering whether this will ' complicate' things ...  
    • it is precisely for these reasons that the OP should withdraw the claim and begin again. Firstly, the case has been badly handled from the start. The OP hasn't come to us and stuck to it in a regular engaging way. Secondly, it seems that the OP is now being advised on the basis of it being a matter of principle rather than looking at a sensible and pragmatic outcome. We have a duty to the people who come to help us to try and get the best solution for them that we can. Secondary is that we want to notch up a further victory against the parcel delivery industry – and frankly it doesn't matter which company it is as long as we get a victory. If we simply urge someone to continue a case at their own expense in a claim which has a very reduced chance of success, simply because it gives us personal satisfaction, then this is really contrary to what we do and certainly contrary to the interests of the claimant. I'm now urging the OP (Original Poster) to withdraw and to start again and work with us very closely in order to get a much more certain victory. By continuing this claim, not only with the OP risk even more money, it will take more time in the sense of failure will be demoralising. Better to feel that one is in control by exercising one's own choices and taking the long view
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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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Link/Kearns claimform - RBS Credit Card 2


Fresh1
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What is the claim for –

 

1. The claimant C claims the whole of the outstanding balance due and payable under an agreement referenced (16digits) and opened effective from 06/03/08 . 

 

2. the agreement is regulated by the consumer credit act 1974 cca, as signed by the defendant and from which credit was extended to D

 

3. D failed to comply with a default notice served pursuant to s87 1) CCA and by 26/10/21 a default was recorded. 

 

4. As at 17/11/21  the defendant owed Bank of scotland plc the sum of £5021. 

 

5. By an agreement in writing the benefit of the debt has been legally assigned to C effective 17/12.21 and made regular upon C serving a notice of assignment to D shortly thereafter. 

 

And C claims -1. 5021. 

 2.interest pursuant to section 69 county courts act 1984 at a rate of 8% per annum from 17/11/21 to 07/0323 of 498 and thereafter at a daily rate of 1.06 to date of judgement or sooner payment date 07/03/23

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  • dx100uk changed the title to Link/Kearns claimform - RBS Credit Card 2

please answer the missing questions

 

please Which Court have you received the claim from ? Name County Court

 

MCOL Northampton N1 ?

Manual Claim CCMCC (Salford) ?

New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?

 

Name of the Claimant ? Give answer here

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here

 

Date Of AOS: Give answer here

 

Date of defence filing: Give answer here

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) 

if your defence filing date falls on a W/End, you must file by friday @4PM

please answers the missing questions

 

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... 

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pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

.

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............


use link financials welch address

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... 

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Which Court have you received the claim from ? County court business centre

 

Name of the Claimant ? Lc asset 2sarl

 

Date of issue –  07/03/23

 

Date Of AOS: cannot remember but was last day again

 

Date of defence filing: not done yet apparently have till 4pm tuesday because of bank holidays 

 

I read on here to defend these?

 

have not seen cpr letter yet so will read now

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there are 100's of card claimform threads here with our std holding/no paperwork defence.

 

use our enhanced google search box

claimform card

or 

link claimform card.

 

coming here so late in the process with 2 claims days away from filing date is not fair on our volunteers

we cant afford to nursemaid everyone. our time is free we dont get paid.

 

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... 

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Thank you 

all not purposely chosen to be this way and I truly appreciate any direction.

 

appreciate I’m late but thats what I have been dealt with circumstances that be.

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just duplicate everything the same for your 2 claims.

 

time to put up your proposed defence here ...PDQ for checking!

 

..................

 

i see you've also not answered these for this thread:

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here
 

Did you inform the claimant of your change of address? Give answer here

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here
 

When did you enter into the original agreement before or after April 2007 ? Give answer here
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Give answer here
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here
 

Did you receive a Default Notice from the original creditor? Give answer here
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here
 

Why did you cease payments? Give answer here
 

What was the date of your last payment? Give answer here
 

Was there a dispute with the original creditor that remains unresolved? Give answer here
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here
 

:

 

 

 

  • Like 1

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... 

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as i said our enhanced google searchbox on this very same page 

link claimform card

 

clickme^^

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... 

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Share on other sites

  • AndyOrch changed the title to Link/Kearns claimform no 2 - RBS Credit Card

Defence due today by 16.00pm same as your other claim...Good Friday and Easter Mon have no relevance on the court dates.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • dx100uk changed the title to Link/Kearns claimform - RBS Credit Card 2
  • 3 months later...

Open

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open

 

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... 

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Hi all

they have written to me regarding this account opened in 2008.

they have the signed agreement which is below 

default notices, notices of assignment and copy statements all sent to me and attached 

 

hali1.pdf

 

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what is the status of the claim on MCOL?

can we have everything they sent in relation to this debt in ONE MASS PDF.

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... 

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Share on other sites

do not need statements.

 

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... 

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Share on other sites

use pdf reducer and merge websites in upload put it all in one mass file

else we'll be here all day downloading single files

what is the claim status on mcol too please

 

and post up the defence you filed please 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... 

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