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    • Its just a case against a parcel delivery firm where parcel lost and a judge didnt agree that they were liable for more then insurance ws.   However my question is more about what the wording on the points of the order says which I copied above
    • Hi. I think we may need to know more about what has happened so far please, if you're able to tell us. HB
    • hi all, any feedback on the WS / bundle and the packlink invoice would be appreciated - they are attached in post #214 above. If no further amends are needed, please let me know. For reference, the date for filing the bundle is 24th May at the latest - this is 14 days before the hearing date of 7th June.
    • Hello, I'm wondering if someone can advise me on something. I'm appealing an order and have been asked to submit an appeal bundle and the below points are required to be included: 1) transcript of the judgment of the lower court on other record of reasons.  2) Statement of case. I'm wondering if anyone knows that "on other record of reasons" means. Also for statement of case would it just be a long document covering the reason for the claim, the findings of the lower court, why it was wrong and what I seek instead?   Thanks,
    • Hello, Thanks for the advice. I asserted my rights to reject and they accepted it and said they will refund me the full amount.  My question now is how long do they usually take to collect the vehicle? I've made it clear that I'm available for them to collect it whenever and I've been told its been passed on to the collections team. I chased it up today as its also raining heavily at the moment.  I just wondered if anyone had any experience on how long they usually take to collect? I'd obviously like it collected as soon as possible as I need to purchase another car.  Is it likely they will drag on the process of collection and what can I do if they do?  Thanks!
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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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JOY vs ABBEY


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I have asked for a daily charge of £0.32 per day to whe the case is settled. I am not claiming SI on top of CI as I know this is not possible. I am asking the court to make judgement on the CI I should be awarded taking into account the evidence i have provided and my legal argument in my bundle. My family is in receipt of council benefits and the bank has taken money off us for charges often leaving us with nil monies for household items without a second thought. I have made the judge aware of this amongst other things I found relevant for my individual case. The banks choose to spit out these automated, cloned letters and they should be made liable to inform us what work was generated to justify the charges for what they state is administration/other. If the abbey choose to ask me to justify my arguments I will answer them in court and believe me I have a few questions for them too. I am also requesting as a litigate in person £9.25 per hour for preperation of the bundles (36 hours) and £6.95 for individual letters addressed to abbey relating to my case totalling at least 21 of may i did not get a response of any kind. So all I can do now is see what developes and be prepared for a fight......

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Im so rubbish at maths its unbelievable. I have a calculation for the simple 8% but desperately need help for working out 16.9% & 28.7% interest. Is there anyone out there that if i pass my charges out will work it all out for me. cheeky i know but i have a date in court on 14th ...... and times a wasting..... my charges vary from £30 to £35 direct debit charges.......

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sorry didn't mean to be cheeky..... just my sense of humour, but there was some honesty in there. My bank the abbey claim im only entitled to have 8% by law ... is this correct. If i,m babbling its cos i have got whiplash with horrendous headache and have this to do as well as many others....

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2Gr8

 

I'm not sure what stage your at do you have a thread of your own on this site, I would start one then you can get some advice there. Go the the Abbey section and start a New Thread there. If your initial claim letter did n't mention Contractual Interest or any other interest you wanted back and you are now in court then the interest as i understnd it is the s69 8% which you should add to your Particluars of Claim on the MYCOL web site or your N1 small claims court form.

 

Just my opinion read further threads to check fully.

 

There is a downloadable "Excel" free spread sheet on the A-Z's you can use this.

 

Hope this helps

 

BJ

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2Gr8

 

I'm not sure what stage your at do you have a thread of your own on this site, I would start one then you can get some advice there. Go the the Abbey section and start a New Thread there.

 

One already exisits BJ ;): JOY vs ABBEY.

 

Im so rubbish at maths its unbelievable. I have a calculation for the simple 8% but desperately need help for working out 16.9% & 28.7% interest. Is there anyone out there that if i pass my charges out will work it all out for me. cheeky i know but i have a date in court on 14th ...... and times a wasting..... my charges vary from £30 to £35 direct debit charges.......

 

Joy,

 

I've had a look through your thread and I have to say I'm very confused. :) Am I right in saying that your court hearing is 14th May? If so, did you only claim for statutory interest (8%) in your Particulars of Claim? If that is the case then you can't even consider working out and adding higher rates of contractual interest - it's much too late now.

 

 

The following is one of your posts from your thread:

 

I have asked for a daily charge of £0.32 per day to whe the case is settled. I am not claiming SI on top of CI as I know this is not possible. I am asking the court to make judgement on the CI I should be awarded taking into account the evidence i have provided and my legal argument in my bundle. My family is in receipt of council benefits and the bank has taken money off us for charges often leaving us with nil monies for household items without a second thought. I have made the judge aware of this amongst other things I found relevant for my individual case. The banks choose to spit out these automated, cloned letters and they should be made liable to inform us what work was generated to justify the charges for what they state is administration/other. If the abbey choose to ask me to justify my arguments I will answer them in court and believe me I have a few questions for them too. I am also requesting as a litigate in person £9.25 per hour for preperation of the bundles (36 hours) and £6.95 for individual letters addressed to abbey relating to my case totalling at least 21 of may i did not get a response of any kind. So all I can do now is see what developes and be prepared for a fight......

 

Firstly you say you're asking the court to make judgement on contractual interest (CI), but again did you claim for it in your Particulars of Claim? If not then I don't see how you can ask for judgement on it and it sounds as though you have no calculations for contractual interest amounts at the moment either.

 

You also say you're going to claim for costs which is a good idea. But I think you're overestimating how much you should claim for. The time spent on the claim (36 hours) seems like a lot for one claim. How did you arrive at that figure? You also say that you're going to charge £6.95 for 21 letters you've written to Abbey pursuing this claim. How did you arrive at the £6.95 per letter figure? Can you prove that you've sent all of those letters? Are you able to produce an itemised list of each letter? These are the kind of details that I think make a difference as to whether the court will consider the costs application or not.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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I have a court date for NOTICE CLIENTS APPLICATION as i made amendments to my claim which included contractual interest. The date of court is 14th of this month. the abbey treid to get me to settle based on s8% but failed to answer some questions i had before agreeing to settle. I had stated CI but not broken down the amounts as im rubbish at maths. But did however provide a total amount. I asked the court to make a decision on charges based on unauthorised borrowing ranging from 16.9% to 28.7%. so in order for me to fully present this fact to the judge on the day at the 10 min hearing i would have liked to have preented a breakdown of both the amounts. does this make sense?...

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"I dont mean to confuse the issue. I hope now i have made some sense in all this. Everyone's comments are so totally appreciated. If I can make myself clearer in any way please ask and i'll try to answer".

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The Abbey Said To Me On The Telephone That They Had Defended Themselves In Court Against Ci. But When I Asked Her For That Reference In A Urgent Fax She Refused To Provide Me With That Information Amongst Other Things. It Was Left With Her Totally Annoyed And Frustrated And Me Threatening To Continue The Case. She Said I Was Only Entitled To 8% By Law... She Couldn't Provide Me With Any Documents That Stated This. So The Claim Goes On.... The Issue Is Now A Thorough Breakdown Of The Ci Charges On A Spreadsheet For The Judge To Consider.

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8% SI

Charge Value

Date

Interest

Total

 

 

£30

07/01/2000

£17.38

£47.38

 

£30

07/01/2000

£17.38

£47.38

 

£30

07/01/2000

£17.38

£47.38

 

£30

07/01/2000

£17.38

£47.38

 

£30

07/01/2000

£17.38

£47.38

 

£30

28/02/2001

£14.63

£44.63

 

£30

18/07/2002

£11.31

£41.31

 

£30

12/02/2003

£9.93

£39.93

 

£32

13/05/2003

£9.97

£41.97

 

£32

12/06/2003

£9.76

£41.76

 

£32

12/06/2003

£9.76

£41.76

 

£32

13/06/2003

£9.75

£41.75

 

£32

13/06/2003

£9.75

£41.75

 

£32

12/02/2004

£8.04

£40.04

 

£32

13/10/2004

£6.33

£38.33

 

£32

12/11/2004

£6.11

£38.11

 

£32

12/11/2004

£6.11

£38.11

 

£32

12/02/2005

£5.47

£37.47

 

£32

12/06/2005

£4.63

£36.63

 

£35

12/05/2006

£2.5

£37.5

 

£35

12/05/2006

£2.5

£37.5

 

£35

12/05/2006

£2.5

£37.5

 

£35

12/09/2006

£1.56

£36.56

 

£35

13/10/2006

£1.32

£36.32

Total

£767

 

£218.83

£985.83

 

 

The last 5 entries need deleting as these were paid as a gesture of goodwill. Totalling £175

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have noticed that even the spreadsheet for the 8% is wrong

07/01/200 has x 5 entries of £30.00 but its not calculated it that way

that alone should be £150.00 total. Each other entry too that has more than one on same day is calculated wrong too. Oh my god......

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