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    • Hi guys, After the 14 days extension as expected received a response that Evri has rejected the claim I'm attaching their defence. How does it read? From what I can tell it looks very similar to their 1st parcel defence last year, except from what I notice instead of accepting the parcel is lost they are saying they don't know as it's been over a year so they dont keep tracking records that far. Pretty scummy for them to do that since Judy Cobett is well aware from our emails that they did lose this parcel and the reason why it's been over a year is because I waited until they settled and paid on the first parcel before starting this claim on the second. Anyway, I have all the emails and postage evidence if they wierdly want to use that as an angle? The other difference is this mammoth list of dates they can't attend. Last time the list was 14 dates. I have until June 10th to respond Thanks again, claim-response.pdf
    • wheres page 2 and the copy of the hire agreement they must also send? please take  the trouble to NAME your uploads too, just like i have now.
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    • OK, good. So click on  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/ Scroll down to  Q2) How should I defend? There you will find the template defence. Change (6) to (7) and add a new (6). 6.  In a second abuse of process, the Claimant is claiming legal representative's costs even though they have no legal representative and in fact are representing themselves. When you want file the defence on MCOL. You can do it this evening if you want, but we generally say to do it a few days before the deadline (24 May) to ensure nothing goes wrong at the last minute but at the same time to show PE you're not scared of them and want them to sweat.
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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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      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
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2010 Nationwide Claimform -they lost as judge agreed my sig was a copy and paste - can i now seek retribution?


shooter67
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Hi,

in 2010 I was taken to court for non payment of nationwide credit card,

I stopped paying because they couldn't supply me with the original signed agreement,

they did send a copy of the original agreement which they had copied & pasted my signature onto.

The case was awarded to me as the judge agreed my signature was indeed copied & pasted, I never had to repay the outstanding amount on the card.

I am now wondering if I can take Nationwide back to court for committing fraud, I still have all the documents from the court case.

Please advise, 

thanks.

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  • Nicky Boy changed the title to Nationwide
  • dx100uk changed the title to 2010 Nationwide Claimform -they lost as judge agreed my sig was a copy and paste - can i now seek retribution?

statute of limitation has expired

thread title updated.

dx

 

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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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Why have you only thought about it just now?

What losses have you incured as a result of this

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Why don't we have a little exploration. Do you still have an account with them? Send them a subject access request – account or no account.

 

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Sorry I forgot to say, I didn't incur any loses, I didn't have to pay the remaining £3800 that was on the credit card. Though Nationwide did register it as a debt on my credit reference files for 6 years.

Yes I still have my mortgage with them.

Edited by shooter67
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Send a subject access request today.

Are you saying that they continued to register as a debt even though the judge held that the documentation was forged?

This decision occurred in 2010 – correct?

I have to say that you been here since 2013. I don't understand for the life of me why you didn't tell us about this then

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Yes Nationwide did register it as a debt even though I won the case. It was around 2010/2012 I will have a look at the documents tonight for dates.

I was on here before 2013, as the advice I was given on here, along with the templates for the different letters I sent prior to appearing in court helped me enormously, I wouldn't have had a much of a clue if I'd had to have done it myself.

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I don't suppose you got a transcript of the judgement?

 

And we would certainly need to see a copy of the judgement in PDF format

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20 minutes ago, shooter67 said:

I was on here before 2013,

must have been a diff username then.

shooter67 was created feb 2013

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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And when I am referring to the transcript of the judgement, I'm referring to a transcript of the judge's reasoning when producing the judgement. This could be one or two pages long

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