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    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
    • New rules and higher rates resulted in a jump in the number of savers opening accounts at the start of this year's Isa season.View the full article
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    • If you are buying a used car – you need to read this survival guide.
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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.

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      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.

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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.
      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
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Hi Oi

 

My case has also been transferred to Nottingham County Court. It was transferred on 02/05/07, when I called the courts they told me that it was passed to the judge on the 9th but nothing has yet been done due to their backlog.

 

I called again yesterday and was told that I should hear something in the next 2 weeks. Let me know when you get a court date coz you're a couple of weeks ahead of me.

 

By the way, the bank are still charging me too, boooo. I called them to see if they would take off the charges but they were having none of it.

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WooHoo!!!!!! today (24th may) i recieved a Notice of Allocation to the small claims Track (hearing) :) On the 1st aug 2007 Something to chew on at last!!! I wont ask any Q's just yet. Im sure the ones i have have been anserwed already.

pelim letter sent 25/01/2007

reply from hsbc 01/02/2007

LBA letter sent 16/02/07

MCOL Issued 06/03/07

Deemed served 11/03/07

Deadline 08/04/07

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ok, sometimes when they allocate a track - they also want you to pay the allocation fee - (if claim is over 1500) and sometimes they don't - they don't seem to let you know so if your claim is over 1500 - you'd be well advised to ring the court when they open again and ask if an allocation fee will be charged. just to be on the safe side. do it this week.

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Ok folks iv been reading quite a bit today, My neck is killing iv been sat here for so long. Im not really any the wiser tho, Its all getting a bit confussing. I keep reading though threads and keep finding ones that needed to file and AQ. I dont. If someone could point me in the direction of threads that have had AQ despenced with that would help.

 

One thing i need to do is phone the court and ask if i need to pay for the allocation.

 

Ok heres my letter, if somone could shead a little light on it and point me in the right direction

 

Notice of allocation to the small claims track

(Is this the same as a pre trial review?)

 

District judge joe bloggs has considered the statements of case and allocation questionanaires filed and allocated the claim to the small claims track

(I understand this and why i didnt need to fill an aq out and that i need to phone up and ask if i need to pay a fee, right?)

 

The hearing of the claim will take place at 10:00 on the 1 august at notts C/C blah blah. and should take no longer than 30 minutes

(understand that no problem)

 

The court must be informed immediatley if the case is settled by agreement before the hearing date

 

Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing

(ok is this the whole lot? basic court bundle, soc, copies of all statments? 3 copies, one for the court one for me and one for DG. Do i hand in all 3 to the court or just one then send DG one and keep one my self?)

 

Each party must include in the documents filed and served written statements of his or her own evidence and that of any witnesses.

(This is all in the court bundle, right?)

 

The court may decide not to take into account a document or the evidence of a party or witness if these directions have not been complied with.

 

The original documents shall be brought to the hearing.

( i know this sounds really thick but do i keep this as my copy or is this the judges copy?)

 

I know iv asked lots of questions and that you'v already ansered else where but any help really would be appeciated.

pelim letter sent 25/01/2007

reply from hsbc 01/02/2007

LBA letter sent 16/02/07

MCOL Issued 06/03/07

Deemed served 11/03/07

Deadline 08/04/07

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Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing

(ok is this the whole lot? basic court bundle, soc, copies of all statments? 3 copies, one for the court one for me and one for DG. Do i hand in all 3 to the court or just one then send DG one and keep one my self?)

 

Yes

 

Each party must include in the documents filed and served written statements of his or her own evidence and that of any witnesses.

(This is all in the court bundle, right?)

See here for example Witness Statement:

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

 

The original documents shall be brought to the hearing.

( i know this sounds really thick but do i keep this as my copy or is this the judges copy?)

You keep the originals as your copy. The court and defendant are sent the photocopy bundles
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way too early to w orry about it - it's due 2 weeks before the hearing - so put a big, big circle on the calendar for about 5 july - that give you about 2 weeks to put your bundle together - freaky said it took him all day yesterday to do his - so - that's about how long it takes one whole day of copying and sorting it out.

personally i'd leave it and concentrate on nudging dg and hoping they will settle before then - the link for you to look at is in my signature - new- after 28 days....... post 1 especially has what you need.

at the end of post 1 is the four items you need for the court bundle (1 and 2 are easy - 3 is a little longer and 4 is really long - lots of copying).

 

 

 

now, i might have already told you this - but just because you didn't do an aq - you still might owe an allocation fee - some local courts are still asking you to pay when you've been allocated a track - and you have

 

so, just ring the local court - tell them you've had a notice of allocation and were wondering if the allocation fee is payable in your case - some will say yes, some will say no - if no, fine (although i'd jot down their name) and if they say yes, - then you pay it and add it to your claim - another reason to write again to dg.

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Thanks for your replys. I sent DG a second nudge on friday. before i had my notice of allocation. Will phone court tomoz and ask if i need to pay. How would i pay check?

 

I konw iv got loads of time befor i even need to think about court bundles but i just like to know early what i need to do.

Not being prepaired is prepairing fail as we used to say in cub scouts. Im slowly getting the jist of it altho im still a bt confussed. It all one bigg learning curve for me. Any way thanks for all your help!!!!

pelim letter sent 25/01/2007

reply from hsbc 01/02/2007

LBA letter sent 16/02/07

MCOL Issued 06/03/07

Deemed served 11/03/07

Deadline 08/04/07

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As far as what you need for the bundle, don't worry yet. The only thing I will say is to make sure you keep a record of everything you send or receive relating to your claim. As long as you have all correspondence and statements, the rest is easy peasy! Just ask nearer the time and you will get loads of help.

In the meantime, send dg another nudge as you have had notice of allocation since the last one!:)

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Yep iv got everything like that! Phoned the court this morning but no answer. Im thinking they get an extra day off for bank hol. (in the wrong job i am!)

pelim letter sent 25/01/2007

reply from hsbc 01/02/2007

LBA letter sent 16/02/07

MCOL Issued 06/03/07

Deemed served 11/03/07

Deadline 08/04/07

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  • 2 weeks later...

Hi all. im about t send another nudge letter. Is there a template for a letter now that i have a hearing date or do i just send the same one?

pelim letter sent 25/01/2007

reply from hsbc 01/02/2007

LBA letter sent 16/02/07

MCOL Issued 06/03/07

Deemed served 11/03/07

Deadline 08/04/07

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  • 3 weeks later...

Just a quick Q. Im over in LTSB. Been there a couple of days whilst the clock is ticking this side. Im fighting them as well for my brother. Basically im putting together his court bundles. Had a general form of judgment or order from the court. They havent set a court date but given me 28 days to comply. Then from that 21 days for them to disclose. (Which i think we all know aint gonna happen!) Im asking a Q here coz i know you lot are quick to answer. Im sorting his bundles out. Got them all printed off. Should i include copys of correspondence ie notice of issue, Notice of acknowledgment, general form of judgment ect in the bundles to [problem] and the court??

thanks x

pelim letter sent 25/01/2007

reply from hsbc 01/02/2007

LBA letter sent 16/02/07

MCOL Issued 06/03/07

Deemed served 11/03/07

Deadline 08/04/07

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a bundle is a bunde - yes, my motto for bundles is - when in doubt - include it. hope my thread court bundles for dummies has been some help.

don't forget to get going on yours pretty soon.

my new thinking (although it hasn't been proved yet) is if the bundle is due to the court on one date - send it about a week early to dg - they have a nasty little habit of sending an offer about 3 days before the hearing - and it leaves you in a funny position - i'm thinking they offer when they see a bundle so send it earlier than the court one. that's here - don't know what's doing with lloyds. i'm sure you are on top of it.

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IF your case went to court the judge would use the information in your bundle, (and in theory, that alone) to make a judgement on your claim.

 

Because you are a litigant in person (member of the public not a legal professional) he will probably give you a little leeway to say hang on I have that here when you are in court but it wouldnt be wise to rely on this.

 

So the motto for bundles is if in doubt include it.

 

pete

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Well i did include it. I was up till the very small hours saturday morning printing and printing and printing. It went on and on. Wanted to get it done because my brother was going on holiday at dinner and i wanted him to sign stuff. Just had he'd signed the last statement Postman pat came with a full offer!!! Nice one Pat!!!! Neadless to say he went on holiday with one hell of a grin on his face!!! Thanks to all that are helping me with this. No way in a million years would i be able to do this without the help of the people on here. When i get my cash i will being making a donation to this site inorder for it to be able to help others. Its just a pitty Theres noway i can buy the people that have helped directly a drink!!! Thanks again. Now time to crack on with mine.

pelim letter sent 25/01/2007

reply from hsbc 01/02/2007

LBA letter sent 16/02/07

MCOL Issued 06/03/07

Deemed served 11/03/07

Deadline 08/04/07

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