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


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    • jk2054
      Striking out on SCT

      By jk2054 · Posted

      Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • MANUKI12742
      Advise on debt I currently hold

      By MANUKI12742 · Posted

      I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • dx100uk
      Lowells / Overdales - Payment Plan / Paid Money - Have I Made A Mistake?

      By dx100uk · Posted

      one reply only  follow post 2 of letter of claim <<clickme link. dx
    • abjb
      Lowells / Overdales - Payment Plan / Paid Money - Have I Made A Mistake?

      By abjb · Posted

      Sorry, I got confused  Yes, it states all three   Thanks, 
    • dx100uk
      Lowells / Overdales - Payment Plan / Paid Money - Have I Made A Mistake?

      By dx100uk · Posted

      nope does their PAPLOC state all 3 debts? dx  

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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

EricTheRed v Abbey

EricTheRed

By EricTheRed
in Santander

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EricTheRed

EricTheRed

Posted
Posted

Sorry to be a bit thick about this but do I?

 

1. As I don’t know the exact amount send the DPA letter to the Abbey and when I get the records and then………………

2. When I get a reply from them detailing the charges send the letter and spreadsheet detailing my claim?

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BankFodder

BankFodder

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yes

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EricTheRed

EricTheRed

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I’ve just had to go into my branch and practically beg that they extend my overdraft because THEY have charged me over £600 in charges since January. I told them that the reason I was over £1400 short plus the charges was because I had a dispute with the council and they got an AOE for my council tax which was taken all in one go in January. The Abbey told me that they will appeal to their underwriter to extend my overdraft to cover the charges that they have levied. I went into the bank to cancel my direct debits but when the girl realised I was cancelling their (Abbey) insurances then she came up with this idea of appealing to the underwriter.

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BankFodder

BankFodder

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:lol::lol:
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Seminole

Seminole

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Posted

You need to think about opening another bank account and having your salary paid in there so that you can get some control back. Abbey speaking to its underwriter is the same thing as Abbey speaking to its reflection in the mirror.

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EricTheRed

EricTheRed

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Just a couple of poits though. Won't they submit all this as evidence if I take them to court and use it in their defence? Could n't they claim I was negligent and they have bent over backwards to help me because I mis managed my money?

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richardc

richardc

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Posted

No The charges are unlawful no matter how poor a money manager you are

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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EricTheRed

EricTheRed

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This is the final straw. After speaking to Abbey they have told me that has just come back to me and said that they are unwilling to increase my overdraft on a temporary basis. I explained that the reason it was £94.64 was because they have charged me over £600 in charges since 1st January. I’m going to close the account and go elsewhere in the eternal hope that things get better. I’m only afraid now that if all this is logged onto their system that they will call in the overdraft.

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richardc

richardc

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Posted

Open another elsewhere now. If you want your charges back you should start action in accordance with the Step by Step Guide.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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EricTheRed

EricTheRed

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I've started my claim against them, MBNA and Capital One and have done it in accordance with the advice from the forum. I'm sure I'll be succesful but there is always a danger that in my current situation that Abbey will take their bat and ball home and call in the overdraft. If they call in the overdraft when I have a pending action against them would they bring my delinquency into question as part of their defence.

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BankFodder

BankFodder

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No. It's nothing to do with it.

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Natasha

Natasha

Posted
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As soon as you wages stop going into the account they will give you one month to pay back your overdraft, so think carefully about your options.

 

How much is your overdraft?

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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BankFodder

BankFodder

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Thanks. So they would n't even bring it up in respect of my action?

They probably will refer to it in their defence but it is not relevant to the issues which you are raising.

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BankFodder

BankFodder

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Not being admissible means that the judge won't hear it or won't consider it when making his decision. It doen't mean that it is not included in the papers.

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EricTheRed

EricTheRed

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sorry for being a bit thick here but if it is included in their papers then it is being submitted and therefore would n't it have to pass the admissibility test? Won't the judge look at all the papers?

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BankFodder

BankFodder

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Yes but his head is full of Chinese walls

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