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    • The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; they were by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
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    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ 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     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes 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.  Debt was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 Was there a dispute with the original creditor that remains unresolved?  No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No
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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.

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      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
        • Like

Judgment Entered against Barclays ** SETTLED IN FULL **


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Please dont worry about going to court, I am a police constable of 20 years standing and go to court requlary. The oldest trick in the book is to test your bottle and take you up to the last minute , stand your ground believe me they are sweating more, stick with it

H:)

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Hi everyone, thanks for the messages, it gives us all confidence to continue into the scary world of bailiffs and warrants. I tried to request a warrant online just now but made an error with the amount and had to contact the court to block it. I can't request online now but have filled in form N323 and am just off to the post office. I'll keep you informed.

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Ok, what will probably happen is that Barclays will contact you to say that they want to apply for a set-aside, and that they will pay you in full as long as you don't object to it.

 

Be aware that objecting to the set-aside would cause delays and that a judge would be extremely likely to grant it and set a date for a proper hearing a few weeks down the line. Then Barclays would settle a few days before that hearing. That certainly has been their modus operandi for a while.

 

Be ready for a phone call, and make sure they are aware you will only call off the bailiffs once settlement has reached you. Don't forget to add your warrant fee to the total they have to repay, if not already in the total figure.

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Well our claim has now been transferred to Leicester Crown Court as this is closer to the defendant's address (I used their Leicester customer services address from which all their correspondence has been sent). The warrant has been sent to the court so we'll just sit tight and wait now. Still no phone call from Barclays offering to settle so we'll have to see what they say when the bailiffs call round.

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Hi Bookworm, I'm just waiting for the phone to ring but it seems Barclays are stalling for some reason. Wish they'd hurry up and get it over with, our claim's been going on for months and months. But, like you say, the surprise will be worth it in the end.

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Still not heard from Barclays regarding the judgment against them. I've just contacted the court but they haven't received the paperwork for the warrant yet and they said it would probably be a couple of weeks before the bailiffs go in. Could someone please advise if I should contact Barclays (I've got 2 numbers 020 7116 4523 / 5634) to let them know that the judgment's been issued? Just thought it might hurry them up into settling. Thanks.

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Thanks, Crispdust. I'm just getting anxious and want the whole thing finished with. The paperwork for the warrant should be at Leicester Court now but I've been told it could take 2 weeks for the bailiffs to go in. Do claims normally go this far? I expected Barclays to settle before now to be honest.

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Thanks, Mr Rob. Good luck with your claim too. Let me know how you get on. I've just emailed Leicester Court to make sure they've received the warrant paperwork, as soon as they get back to me I'll update my thread.

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Hi everyone. The warrant request has now been received by Leicester County Court although they've advised me that it will take a couple of days to process before the bailiffs are contacted. Can't wait hee hee!! Strange that the judgment's been issued, bailiffs are on their way but still no call from Barclays offering settlement.

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Thanks, Laineybelle. I'm beginning to think I must be invisible or something as I've not heard a peep out of Barclays yet. I'm going to call the Court tomorrow to see if they've issued the warrant as they said it would take a couple of days. Then they send Barclays a letter informing them of the imminent arrival of the bailiffs apparently. Maybe then I'll have the long-awaited phone call. Like you, I wish I could be a fly on the wall when the bailiffs turn up hee hee.

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Keeping you updated, I've just heard from the Court that the warrant was issued yesterday and passed to the bailiffs. Still no phone call from Barclays so let's see what happens when they get the letter from the bailiffs advising them of their visit. Surely the much anticipated phone call from Barclays offering complete settlement can't be far off now hee hee!

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Just a quick reminder to everyone to use the HO address at London on your claim. I used the Customer Services, Leicester LE87 2BB now the bailiffs can't find them. We tried a dirty trick (it's against Barclays so it's not that bad) and rang the Customer Services Leics number and said we had a parcel to deliver to them but we couldn't find them. They were adamant they wouldn't give us their location and said we'd have to take the (imaginary) parcel to any branch in Leicester and they'd collect it from there. Strange eh? Anyway they won't get away that easy. The bailiffs have said that if we let them know the address of any Barclays branch in Leicester they'll happily call round soon. I've also just managed to find a map of the Customer Services location on 192.com and so will send this to the bailiffs too. We'll get em in the end!

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Barclays may have slipped up - they are VERY busy at the moment.

Not your problem though.

When you ahve a date for baliffs to do their stuff, give Barclays a call and see if they want to avoid embaressment and splash across the papers. ( and add on some extra "expenses" for the privilige... :)

Keep in touch with the baliffs. They will appreciate settlement before they go in.

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Do you think I could get a job at the bailiffs in time to be involved in the Baclay's job?!?! How good would that be, taking a judgement into HQ and collecting a wad of cash!!!!!

 

Its good to know Barclay's are so busy they have let this one slip! Good luck Keriat!! Extra kudos for the 'secret' address find on 192! Could you ask the bailiffs to film it?!!

It's my money...

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Way to go keriat.

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

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http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

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