Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • Sarahswoes
      Drydens/Erudio Court Case Next Week - I submitted defence in 2018 but have not responded to their counter argument

      By Sarahswoes · Posted

      Hope I'm posting in the correct forum. I am confused about procedure regarding going to civil court next week. The claimant (Erudio/Drydens) responded to my defense but I did not realise that I have to respond back.  I'd be grateful if you could answer:  Was I supposed to send them my updated defence and when?  If I ask the court to do it now,, if they agree, can I just send it to the court or must I also send it to Drydens?  I spoke to the court helpline and the lady said I can submit evidence even if it's a bit late (to go with my defence) so I've done that - I emailed it only to the court. I'm wondering if I need to submit this evidence to Drydens as well? THis is the situation;  I have a civil court case with Erudio/Drydens regarding a pre-1998 student loan. The amount is "£2500. I did not defer as I didn't get the forms. My argument was that they mismanaged my account as they did not send me annual statements (I have proof - 2018 remediation pack) so I believe the same happened with the forms. I was eligible to defer and only three years away from 50 so no reason not to. I have not moved. I've submitted my defence in July 2019 after which the case was stayed. But as I failed to communicate with them to settle the matter (I didn't know I had to reply to their offers to settle as I did not think what they were offering was fair) so they have filed an Application in Sept 2023 to lift the stay and a week ago I received a pack in the post with the court date which is next week. The package arrived 6 working days before the hearing, not seven as it says in the rules. Drydens then sent me the same package in the post four working days before the hearing with a letter saying they are waiting for the Order to be lifted.  I didn't realise that I can amend my defence based on their reply to my defence. I thought the court was again going to send me a form to do that, like they did the first time.  I'm basically clueless and have no money for a legal representation as I'm not working at the moment.  Any help would be much appreciated!
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      Is elphicke still with labour or has she jumped into the frankly far more apt 'reformatory yet? Sure that her move is just intended to destabilise Sunack for the poopy right   I hear rumors Boris and Doris have tested the water through proxies - not sure if its true - and they probably happy to (are?) chance-it with all/any
    • FTMDave
      ParkingEye/DCB(L) ANPR PCN no.1. 15/09/2020 - Letter of Claim now Claimform - - Hallsville Quarter, London Basement And Surface

      By FTMDave · Posted

      HB - they don't ask why. Karalius - just note these dates on the form and you'll be safe, they will not fix the hearing date when you're away. How to fill in the DQ/N180 is on just about every claim form thread here, such as Andy's post 81 here  https://www.consumeractiongroup.co.uk/topic/458783-parkingeye-anpr-pcn-paploc-now-claimform-new-directions-holdings-lambourne-crescent-llanishen-cardiff-cf14-5gl-claim-discontinued/page/4/#comments  
    • T911
      Major Aurora Alert for May 10/11th & 11th/12th - Strongest Eruptions since October 2003 Predicted - as far south as northern France latitudes and more - GET READY!!

      By T911 · Posted

      I woke up to images all over the internet this morning and was left gutted i'd missed it. (North west England). Could it happen again tonight?  
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      Nails it  

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Toni V Abbey

tonif

By tonif
in Santander

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6156 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 77
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

philread1

philread1

Posted
Posted

Hello Toni

 

I only picked up the info on the above post from another thread I saw last week.

 

I think you may be OK to put the total amount of your claim as the total amount of charges, because if I'm not mistaken, you tick a box on MCOL advising them that you will be claiming the 8% interest under the County Courts Act 1980.

 

At the end of the day, Toni, you ain't even going to see court, so when you eventually get a court date through, the shABBEY will be calling you to settle anyway, and you can include/add the interest then.

 

Hope this helps!

Phil:)

This is only my personal, honest opinion!

Link to post
Share on other sites
charleyfarley

charleyfarley

Posted
Posted
I've filed it online with the interest thanks to my Mum and her card. Keep you all informed. I have sent the claim details to Bankfodder.

 

 

Well done toni,

 

Thank goodness for Mums!!

 

Actually I think the cost of court restricts quite a few people from pursuing their claim. I've had to lay out £350 so far and I'm still months away from seeing any return. Which leads me to think I should be claiming 8% interest on the £350 and adding it to my claim!

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites
philread1

philread1

Posted
Posted

Hello Toni

 

Yes, Well Done! We've all been there!!!!!

 

At least your claims in now and you can wait for their acknowledgment & bog standard defence! Keep us updated, and if you have any more queries, you know where to come!

 

Phil:)

This is only my personal, honest opinion!

Link to post
Share on other sites
tonif

tonif

Posted
  • Author
Posted

Claim issued today, wow this is getting so exciting now, best I get reading up on the next step.

When I first started this I found it easier to not read too far ahead and confuse myself. Just take it step by step and file everything.

Link to post
Share on other sites
Lula

Lula

Posted
Posted

When and if you get to do court bundles, then you put in a claim when they contact you to settle

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites
tonif

tonif

Posted
  • Author
Posted

Recieved my notice of issue today. They have until the 7th May to reply.

I'm guessing Abbey will leave it to the last minute and then another 28 days for the next step.

Link to post
Share on other sites
philread1

philread1

Posted
Posted
Recieved my notice of issue today. They have until the 7th May to reply.

I'm guessing Abbey will leave it to the last minute and then another 28 days for the next step.

 

Are they that pedictable, Toni?!!!!!:D

 

Phil:)

This is only my personal, honest opinion!

Link to post
Share on other sites
tonif

tonif

Posted
  • Author
Posted

And now I have found out why I couldn't open another account. Our local council have wiped me off the electrol roll, and put 2 strangers in my house. They can't see how it happened as the other 2 are registered elsewhere as well. At least they have moved them out of my address but can't add me till begining of June!!!!!

Link to post
Share on other sites
charleyfarley

charleyfarley

Posted
Posted
And now I have found out why I couldn't open another account. Our local council have wiped me off the electrol roll, and put 2 strangers in my house. They can't see how it happened as the other 2 are registered elsewhere as well. At least they have moved them out of my address but can't add me till begining of June!!!!!

 

 

Make sure you charge them rent!!

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites
withoutapaddle

withoutapaddle

Posted
Posted

Hi Toni,

 

I'm at the same stage as you.

Abbey have untill the 8th of May to reply.

I haven't received a goodwill payment yet tho!!

I am begining to think that any day now there're going to take my overdraft away. I've stopped all DD's and standing/orders from coming out the account.

But heyhoo I don't care!!:p I'm gonna win!!!:D

Will be following your thread with interest!

Link to post
Share on other sites
tonif

tonif

Posted
  • Author
Posted

Strange I was told they would put £1375 in my account but it was £1190 listed as individual Miscellaneous Fee Refunds of various amounts ie £20, £30 and £35's.

As it was a refund of some charges do I need to send them a letter (there was no mention on the letter saying it was an offer or final payment). Also when do I tell the court?

Link to post
Share on other sites
tonif

tonif

Posted
  • Author
Posted

Abbey have acknowledged the claim so I'll start reading up on the next bit. Shame I was hoping they would forget it was a Bank Holiday and for get to reply!

Link to post
Share on other sites
  • 2 weeks later...
tonif

tonif

Posted
  • Author
Posted

So now the next bit. According to MCOL Abbey are defending, no doubt I will get the usual defence in the post any day now. Any pearls of wisdom for my next step?

Link to post
Share on other sites
charleyfarley

charleyfarley

Posted
Posted

Hi toni,

 

No great pearls of wisdom I'm afraid, just keep on going down a very well-trodden path.:)

 

Two things spring to mind, did you send a schedule of your charges to the court because you can't add to MCOL? and MCOL have dispensed with the AQ stage to speed up the process.

 

I know it's a pain and slow, but you're making good, steady process with no obvious difficulties.:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...