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    • i can instruct my dog to sit. if it does is a totally different matter. with one bloody nose from CAG in Scotland now, on what is a new adventure for them me, thinks lowells will seriously think twice before trying again. dx    
    • Farages 'promises to clacton   * The people of clacton "need to be incentivised, in many cases, to get off benefits and get back to work" * schools will have “to struggle on with more limited facilities" “Some say you can’t put students in Porta Cabins, but actually with teaching you can put students anywhere.” * NHS - looking at an insurance-based model similar to other countries, such as France      (err) * I never supported the £350million, I never thought it was right.”   BUTT Farage:  “Can we just get to the truth of this - £350 million a week is wrong, it’s higher than that,”     Video evidence emerges of Nigel Farage pledging EU millions for NHS after denial WWW.INDEPENDENT.CO.UK The Ukip leader distanced himself from the pledge just hours after EU referendum results became known   Reform's Nigel Farage: 'Why I should be next Clacton MP' WWW.CLACTONANDFRINTONGAZETTE.CO.UK I met with Nigel Farage, Reform’s leader and General Election candidate for Clacton, in the Rose and Crown Pub in Thorpe-le-Soken.    
    • Here's the Law Gazette on today's evidence to the inquiry from Gareth Jenkins of Fujitsu. Post Office Horizon IT Inquiry live: Crucial prosecution witness Gareth Jenkins says Post Office 'tried to put words in my mouth' | Law Gazette WWW.LAWGAZETTE.CO.UK Gareth Jenkins, the Fujitsu engineer whose evidence was crucial to at least a dozen sub-postmaster prosecutions, begins four days of oral evidence to...  
    • So @theoldrouge * Are reform suspending farage for his putin apologist propaganda pieces? - Which he has doubled down on * Are you going to condemn antisemitic bigoted racism from your right wing  bigots? In effect, are you two going to look up from your gutter and follow labors lead?     "Farage (a “pub bore” who has no grasp of the complexity of “finding international solutions to problems”) - did not say that both Sweden and Finland, Nato’s latest two members, decided to join only after Putin ordered the full-scale invasion of Ukraine. Finnish ex-Prime Minister Alexander Stubb said joining the alliance was a “done deal” for his country only as soon as Russian troops invaded Ukraine. Their membership more than doubled the Russian border with Nato. For Sweden, their decision to join ended more than two centuries of neutrality, such was the threat posed to them by Russia."   Simple fact - Russias invasion of Ukraine forced Finland to join NATO - doubling Russias border with NATO countries.    
    • I have read that thread but it started when received court claim form  im not at that stage yet  I'm asking if I should do anything just now or not contact at all  looks like a standard letter i received giving me 7 days when first letter said they would give 14 days but didn’t and sent 7 days  once again. Dx  thanks for your help and everyone here I get lost in the other posts but have read them 
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    • 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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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      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
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Backdoor Link CCJ - old Barclaycard debt - Default Judgment set a side Sanctions imposed. **STRUCK OUT**


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4.  Under The Pre-Action Protocol 201?, a Debt Buyer must undertake all reasonable enquiries to ensure the correct address of a debtor, this can be as simple as a credit file search. The Claimant failed to carry out such basic checks. Subsequently all letters prior too and including ,The Pre action Protocol Letter of Claim dated 7 January 2020 and the claimform dated 14th February 2020 were all served to a previous address which I moved out of in 2018.

9.   The claimant failed to comply with the additional directions ordered by District Judge Davis on the 2nd February 2024 'The Claim shall be automatically struck out at 4pm on 3 April 2024 unless the Claimant delivers to the Court and to the Defendant the following documents.' None were received by the court nor the defendant by that date.

re: 13 & 15...they dont need to produce the deed, thats a private b2b document only the judge can demand sight of.

i would remove 13 totally as within their WS they have produced the Notice Of Assignment. and delete it from 15

a few ideas.

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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Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?

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Here is a draft which I have adapted you will have to incorporate some of your points and add exhibits if required. This deals with the main thrust of your argument. They have proof of payments up until 2015 so its best to be upfront that there was a debt be it assigned to BC but let them them find out which brand it was and if they can produce the necessary true documents to evidence their claim

Witness statement draft.pdf

 

Andy.

 

 

.

 

 

  • Like 1

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The relevant notes with regards to Reconstituted versions of an agreement if you wish to rely on an exhibit.

Waksman Reconstituted Agreements.pdf

We could do with some help from you.

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Thank you so much Andy, I am making the amendments to my witness statement now.   

Would you be happy to take a final look over the document when I have finished? 

In terms of the bundle I need to send, the claimants sent the following documents

- should I include the same documents with my bundle or is there no need to? 

 

 

Description

1

Claim form

2

Order of the Court dated 15/06/2023

3

Note of Hearing dated 12/07/2023

4

Order setting aside Judgement dated 21/07/2023

5

Order of the Court date 01/09/2023

6

Draft Defence resubmitted on 11/09/2023

7

Notice of Change dated 22/09/2023

8

Directions Order dated 13/02/2024

9

Witness Statement

10

Appendices

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no need to duplicate their exhibits, simply refer to their exhibit no. in your WS.

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

2 hours ago, LouLouDev79 said:

Would you be happy to take a final look over the document when I have finished?

Sure ...no problem.:yo:

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

 

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20 hours ago, dx100uk said:

   The claimant failed to comply with the additional directions ordered by District Judge Davis on the 2nd February 2024 'The Claim shall be automatically struck out at 4pm on 3 April 2024 unless the Claimant delivers to the Court and to the Defendant the following documents.' None were received by the court nor the defendant by that date.

what about^^^???

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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doh sorry was on phone screen.

i think thats all ok, 

let @AndyOrch confirm 1st 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... 

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Share on other sites

Thank you so much!

Can I ask why the data access request to Barclays is irrelevant?

I wanted to show I had made every effort to obtain info relating to the debt, I have pages of correspondence between myself and Barclays showing how many attempts I made.

Also, should I put point 9 at the start so it is the first thing the judge sees?

If it gets struck out on that point then the rest would be irrelevant?  

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Because its not connected to this claim.....Ideally if you had received the claim you would have requested information pursuant to CPR 31.14 and a CCA request for the agreement. DSAR only reveals your personal data held which would be minimal with the this claimant.

You can leave it in if you desire but it adds no weight to your statement.

 

.

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27 minutes ago, LouLouDev79 said:

Also, should I put point 9 at the start so it is the first thing the judge sees? If it gets struck out on that point then the rest would be irrelevant?  

No because telling a story in your statement chronologically it would be out of run sequence. You would have to change the run sequence starting from finding the judgment to setting a side.

They have disclosed since and leniency will be allowed (subject to how long they delayed) and the court will disregard it even though it is their order.

 

 

.

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Thank you, that makes sense.  In terms of the additional directions, they were about 2 weeks late and only half of the things requested were included in their bundle.

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Then that would be a point to verbally introduce at the start of the hearing when asked to speak...then go into your statement.

We could do with some help from you.

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Thank you so much for all of your help, I will amend my WS as you suggested and get it sent off this afternoon.  

Then I guess I just have to sit and wait until the hearing and hope I get a sympathetic judge on the day! 

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Sympathy does not come into it I'm afraid...you argue your claim any judge that allows a judgment on that agreement and paperwork they have disclosed well its time to give up.

Important point to keep at the back of your mind ......you cant reconstitute (recreate) an agreement when the agreement was not the original agreement that BC transferred you to or one that you never entered into.

Modified agreements cannot be reconstituted.

 

.

We could do with some help from you.

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  • 3 weeks later...

Hi

On Friday I received a copy on email from the claimants solicitors with an attached relief from sanctions application - on the basis that the solicitor missed the deadline for the additional directions and it was an oversight on their part and that the claimant should therefore not suffer.   

They then attached a copy of the deed of assignment and a new witness statement. 

They stated that they would be happy to delay the court date by 28 days but that they believed both parties were ready for the court case on 7th June.

My first question,

is there anything I need to do or do I just sit and wait to see what is decided? 

Secondly,

is it likely the judge will be aware that the claimants solicitors did exactly the same in the set aside court case

(ie they filed their court bundle late applied for relief from sanctions on the morning of the court date, my solicitors had no choice but to agree because they threatened to strike my case out because my solicitors had only filed their court bundle by email and not post). 

This is a clear pattern of how these solicitors work rather than it being a one off oversight! 

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1 hour ago, LouLouDev79 said:

on Friday I received a copy on email from the claimants solicitors with an attached relief from sanctions application

Scan redact and upload please.

We could do with some help from you.

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Quote

14. The Claimant should not be disadvantaged due to the error of their solicitors.

:-D Wasn't aware that the court had imposed sanctions and struck the claim out ?

We could do with some help from you.

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I haven't been made aware of this.   

I rang the court to confirm receipt of my witness statement and bundle, along with my cover note stating it should be struck out due to non compliance by the claimants, they confirmed receipt but said as far they could see it hadn't been struck out.

Does this relief from sanctions application suggest that the case has been struck out?

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