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    • That's a bog standard dates only reference. You're over thinking it.   If that is the real company name and job title please edit to remove them.
    • Just asking for a bit of quick advice. I would think getting some money knocked off for buying a product that doesn't do what it says on the tin seems quite reasonable to me. I'm not bothered about only 4G but (asides from the reservations I have about the safety of 5G - and that's coming from someone who spent 5 years working in Microwave Engineering) I did see "5G Ready" on the page I bought it and though "Hmmm.. no harm in having a 5G enabled tablet". I thought this is what I was getting, and I only realised after contacting Apple to confirm the device was also 4G enabled that it wasn't actually 5G enabled. I'm sure a lot of folk who buy it there will think the same, and some might not be too happy to find out it isn't.   If you look further into the specs there is another page listing all three iPad devices they sell and the information there is correct, but on the face of it (if someone didn't investigate fully) it would appear that they are selling this item as a 5G enabled tablet.   I also don't really see why this thread was moved because it's entirely relevant to the sub-forum I posted it in, and it's a consumer issue. Whatever..
    • Firstly, thank you to all who took the time to reply, we have followed your advice and come to a settlement with my daughter's employers, however, there is one issue which I would like your thoughts on.    To follow is the proposed reference.    as a Booking Coordinator from 1 October 2018 until 27 September 2021. It is the Company’s policy to provide references which only set out an individual’s dates of employment. This information should not be taken to imply any comment (either positive or negative) about an individual or their suitability for future employment with a new employer. This reference is intended solely for the use of the addressee and should only be used for the purpose for which it was requested and generally treated in accordance with data protection principles.     This reference is given in good faith and to the best of my knowledge is true and accurate. However, neither I, nor the Company, accept any responsibility for any loss or damage caused to the addressee or any third party as a consequence of any reliance upon the matters set out in this letter.   To me the line above is a  polite character assassination by implying my daughter's future employer may suffer losses or damages. Your thoughts please. 
    • Thanks DX that looks perfect, here is what I have so far, I'm not sure about the first point which I have highlighted, while I did receive something from them it certainly did not fulfil all the requirements, do I need to give dates in point 5? if I do should the first date be the date I received the claim or the date I sent off the CPR & CCA requests?   Defence   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2.Paragraph 1 is noted. I have had in the past a contractual relationship with Sainsbury's Bank.The claimant has failed to state any agreement/account reference number within its particulars therefore I am unable to admit or deny the alleged debt claimed.   3.Paragraph 2 is noted but not admitted.The claimant has failed to state the actual agreement/account reference number.   4.Paragraph 3 is denied as I am unaware of any legal assignment.   5.On receipt of this claim on the ??/08/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 77 request. The claimant is yet to respond to this request. Mortimer Clarke is yet to respond in relation to the CPR 31.14 request. To date, 21/09/2021, no documentation has been received.The claimant remains in default of my section 77 request.   It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant entered into an agreement; and   (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974   (c) show how the Defendant has reached the amount claimed for; and   (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Abbey court date nearing


abbeyhater2
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:mad: Hi ya

 

I sent my bundle to Abbey last week. Two weeks before the court date.

 

I hand delivered the bundle to the court, in a well presented folder.

 

Since then, I have experienced an amazing turn of events.

 

The court sent me a letter, not stamped on the envelope or dated.

 

The judge asked for a hearing for my n244 application, even though I ticked part c for no hearing and paid £ 35

 

The letter stated that I should attend the n244 application & amended n1 forms hearing on the day I was delivering my bundle to the court.

 

I ONYL RECEIVED THE LETTER TODAY.

I rushed to the court to explain, that nobody at the court had informed me that while I was handing them my court bundle last week, that there were any hearings for me to attend on that day. I EVEN ASKED THEM!

 

I explained all this to the counter staff, who said they could not find the judge's diary, and would give him my explanation tomorrow, hopefully a decision NOT to strike my claim out

 

I asked to see the hearing list for last week when they SUPPOSEDLY had listed me on the hearing date. Not available. The security guard remembered me, and said that cctv could prove that I was at the court that day, delivering my court bundle.

 

I am FREAKED OUT!!!

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Id write to the court informing them and cc abbey.

 

Id leave it a day or two though, courts have a backlog and it may turn up a day or two late, probably not mind,

 

You might like to ask the courts to strike out abbeys defence based upon their failure to submit their bundle. YOu should also prepare a shcedule of your costs and apply for these when you win based on their unreasonable behaviour too.

 

JMHO

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hi, I wouldn't think you'll get struck out, but to make absolutely sure, I wouldn't rely on those "p*** taking civil servants" to remember to explain it to the Judge or to explain it in the way that you would want. I would send a crawly letter to the Judge explaining the circumstances. I know it's not your fault, but just play Mr Humble, sorry for any inconvenience etc etc. And I would check with the Court whether they sent a copy of the N244 hearing letter to Abbey, and if they did (as I suspect), I would copy your crawly Judge letter to Abbey. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Guest louis wu

a similar thing happened to me, but it was 'apparently' recieved but not actioned on the day, so as Glenn says, give it a day or two to turn up.

 

Secondly, as Glenn says, prepare a schedual of costs, ie postage stationary, photocopying etc and have it to hand for when Abbey make you your offer. I know its small claims and as such cannot be awarded costs, but I negotiated with Abbey for my time, 20 hours @£9.25/hour (I can never remember the exact wording but the £9.25 is the figure set down by the courts), and all told told them I thought a figure of £220 was fair, but as a gesture of goodwill I would accept £200. This conversation was had with Inga Kirkman (and she was ok with me to be fair), and she agreed to pay the extra £200 by cheque, along with the full amount of my claim. I waited until the funds cleared and then informed the court that the claim was settled.

 

Getting close now, well done and best of luck over the closing act.

 

Louis

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I am attending my hearing tomorrow.

 

Abbey still have not defended their claim to me in writing not supplied me with their court defence bundle.

 

The court have changed the judge to sit at my hearing

 

The court clerk have told me that I do not need to have the Abbey defence struck out due to non compliance or orders to submit defence bundle.

 

I will have the supposed N244 hearing at the same time as my full hearing

 

I am very confused

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Hi

Did you write to the court informing them that the bundle had not been submitted ? (I assume they were directed to?)

 

Whats the N244 hearing ? ( I assume this is just you asking for the defence to be struck out for non compliance with directions rather than submitting of request for an order ?)

 

What directions did you receive from the court and what did you do to comply with them ?

 

Theres a fair bit of info missing from your thread which without it makes it difficult to clear up your confusion.

 

 

Its a full hearing, you have complied with Directions, Abbey have not.

 

You should get settlement pretty soon but you need to make sure you have all the information to hand regarding striking out the defence.

 

It is unlikely they will discuss the charges issue in court but they may if they attend try nd get more time to put their bundle in. So I think you need to concentrate on that.

 

You may also need to argue your case for costs so make sure you read up on that in the CPR's.

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I saw a completely different judge

 

A deputy district judge sat at the hearing. Very nice

 

Abbey did not show. I sat at the hearing with the judge.

 

They sent a letter to the court (not to me) that they settled the case with me.

 

I argued that the settlement offer was rejected by me, (letters attached)within the bundle presented to the judge.

 

I argued my case that I delivered to the court, my bundle as ordered.

I claimed full costs for my court applications.

 

The judge wrote out that they intend to write to Abbey to have them pay the remainder of costs, and to remove all defaults entries against me on the credit register from all data controllers.

 

 

They handed me my bundle back

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Guest louis wu
.

 

The judge wrote out that they intend to write to Abbey to have them pay the remainder of costs, and to remove all defaults entries against me on the credit register from all data controllers.

 

 

 

 

Was this a judgement, or is he going to request that they comply?

 

I'm not sure whether is congratulations time or not, but it certainly sounds positive, and hopefully this will be the end of the matter

 

Well done

 

Louis

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  • 2 years later...

4 threads merged. Please keep to one thread.

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