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    • Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
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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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norty25 vs HSBC - back again


Norty25
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well I sent the nudge letter yesterday anyway, I'm a bit confused about the draft order of diretions though?? also my notice of transfer of proceedings told me that the AQ is being dispensed with and there was a mediation leaflet enclosed but didnt really say much else - will I hear again from the local court with directions of how to proceed? shoudl I get the draft order of directions in before this or wait until after? :confused:

 

Also (just to add to my stress levels!) I'm moving house next weekend (and getting a kitten!) so I'll write to DG solicitors and the local court with my new address - is there anyone else I should notify?

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  • 1 month later...

Hi,

 

Haven't been on for a while as have moved house and only just got internet up and running nat the new place.

 

It's all gone t*ts up dueing the process of moving - had a court date delivered to the old address and didnt manage to retrieve it until last friday by which time the date had passed for evidence to be submitted!!

I had written to both the courts and dg sols to warn them of my house move and the fact that there would be a delay in mail getting to me and have now written to the courts again to explain the situation and request an extension.

Not getting my hopes up though what a mess, looks like all my hard work will result in sfa all because I didnt manage to get a mail redirection sorted in time. highly p*ssed with it all really, should have accepted their first poxy offer :mad:

hey ho, im getting a kitten in a few weeks so that cheers me up a bit.

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  • 3 weeks later...

Hi,

 

Haven't heard anything from the courts as yet (sent letter 18th June) am I being inpatient or should I write to them again now? or is a phonecall better do you think?

 

If they dont respond am I able to refile my claim again?

 

Thanks

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Hi guys,

 

I received a new order from the Distruict Judge today with an extension to comply with the original order (to supply documentation in support of my claim) unfortunately the date for compliance was extended to 19th June but the order wasn't sent out until 28th June so it had already passed!

I phoned the court to query it and the person on the phone couldn't understand it either - suggested that I write to the judge to request clarification of the extension date, which I have done today.

However! the court date is 1st August, so I'm expecting this will be postponed to a later date to allow DG sols to respond (think they have to be given 28 days after the date that I submit my docs to respond with theirs)

 

So, now I'm a bit more positive about getting an extension, I need to put a statement of evidence and supporting docs together ready to send out to court and DG sols.

PLEASE HELP! what sort of stuff so I need to put together? god this is very scary now! :eek:

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Hi Norty

 

I am in similar predicament. I have just printed off court bundle that is attached to one of my messages (sorry dont know how to put the link on here) and then I had to photocopy EVERY piece of paper I've reciaved from courts, DG, What I've sent them etc etc etc. Along with spreadsheets, T&C's of Bank and Statement of Evidence.

 

Hope I've got it all correct. Just print off everything, apparently you cant have too much but you can have too little information.

 

Good luck with your case hun.

 

Jo

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well as you've missed it and been given another chance - i'd leave nothing to chance - get going on the full bundle - that will give them all something to gnaw on - really do the whole thing and send it to both the court and dg as soon as you can - follow this link - it's all therecourt bundles for dummies

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Hi thanks,

am starting to work on it now - should I wait for a response from the courts on a further extension before submitting it all (see post #60) or just submit in the assumption that they will extend and postpone the court date?

 

Also is it worth sending another nudge to DG at this point or leave it to the courts?

 

norty

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Hi,

 

Received another order from the courts today to confirm that my original small claims hearing will be postponed until 12th September and that I have until 2nd Aug to get my bundle in, then DG have until 16th Aug to submit theirs.

 

Will DG have received this or should I be sending them a copy?

 

Also just a small thing in relation to the bundle - does it need to be put into a numbered word document or is it ok to print everything on and manually write page numbers on?

 

cheers

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Hi again,

 

I'm just trying to write my statement of evidence and am not sure which one to use from your link.

In their defense DG have stated the following which would lead me to use the first statement:

"The defendant denies that the charges applied to the claimants account amount to penalties at comon law and /or unfair contract terms for the purposes of the unfair terms in consumer contracts regulations 1999 (UTCCRS)"

 

But then they also state that the charges are reasonable which makes me wonder if I should use parts of the second statement?:

"The charges applied to the claimants account are reasonable and are poperly and fully disclosed inthe Defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRS are not applicable to them; alternatively, they are not unfair contrary to the UTCCRS. Further the charges are not default charages and, accordingly, cannot amount to a penalty."

 

Also do you think they have explained the reasons why their charges are not penalties enough in their defense or do I need to include the linked staement as per your guidance below?

"One or two banks don't plead in detail as to why their charges are not a penalty, only that they were debited in accordance with the T&C's, etc - Ie. Barclay's. If this is the case, this statement would be the most suitible - http://www.consumeractiongroup.c o.uk/forum/barclays-bank/36692-peter-rabbit-barclays-2.html#post492578"

Sorry for massive post! your help is much appreciated!

 

 

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Hi again,

 

ignore previous post I've read through the statements properly and am happy now that it should be the first one I'm using.

 

However I'm struggling with some of the extra enclosures as I had a mass clearout a couple of years back and have chucked most of the correspondence I had from HSBC (foolishly!)

 

Please could someone either send me or point me in the right direction for the following bits and bobs?

 

Documents attached in support of this statement

  • Letter from Martin Orton, Lloyds TSB Customer Recovery Centre - or any letter or material in which the charges are described as 'defaults', 'penalties', 'covers costs', etc.

THANKS SO MUCH!

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Hi again,

 

just wondering if there is any correspondence similar to that of Martin Ortons that is relevant to HSBC? if not is it ok to use this evidence relating to Lloyds TSB?

 

ta!

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Hi sorry to pester on this one but got to get docs in by 2nd aug so starting to panic a bit! please can anyone help me with the missing bits?

 

So far this is what I've got:

Statement of Evidence

Correspondence

Schedule

Bank Statements

Court Bundle (from your link - thanks)

 

bits I think I still need:

  • Letter from Martin Orton, Lloyds TSB Customer Recovery Centre - or any letter or material in which the charges are described as 'defaults', 'penalties', 'covers costs', etc.

I've tried the links for the various bits above but they dont seem to be working?

 

Also need T&C for 2001 if available, not sure if I should just use the 2004 PDF available on your site?

 

anything obvious I've missed?

 

BIG THANKS!

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If you PM me your e-mail address I can e-mail the following over to you:-

 

OFT report

House of Parliament thing

BBC conclusion

Aussie report

Peter Mcnamara transcript

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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