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    • the scrappage scheme is nothing to do with the agreement ...sorry. it's an enticement to purchase a replacement vehicle. just the same as shop signs that say 50% off or whatever.  its a done and dusted deal done before you enter into the agreement for the remaining £sum. 
    • don't get too hung up on the real meaning of 'fake' in terms of the documents a claimant might produce relating to a potential court claim. by fake we typically mean, they are not obviously the 'real McCoy' ,100% associated with whatever credit they are trying to pin on punters. they are often of the right 'version' that an OC would have used for that particular take out date, but with details inserted in a diff font where they should be for say your name address DOB etc. All DCA's typically  have filing cabinets covering each year for most creditor, whip 'em out, scan and copy n paste your details onto them, even easier now with online sign ups. no hard copies ever sent cause 90% of mugs have lost them..... one of our most powerful tools is the fact any docs they produce, unless they state they are 'a reconstruction'  MUST come from the original creditor noty some hidden pile the claimants have. Link are absolute masters at this so dont stick to lowell threads. dx    
    • Driving home last night I contacted wing mirrors with a car coming the opposite way. The wing mirror folded in and the glass popped out. Very minor damage.  I stopped at the next layby (A road) to repair the mirror. A passerby stopped and said they saw the other car stopped behind me in another layby - they went back and passed over details so we could get in touch.  The conversation started cordially, but quickly got heated when I said I was well on my side and they drifted over (which is what happened).  I wasn't going to bother filing a claim as there isn't enough damage to justify it. So I've said to the other party lets just call it quits as there are no witnesses and we both think we are innocent.   they said they are contacting the police and insurance and that they have witnesses. But a quick facebook search found a post by the other person saying they were in a crash, and were 'spun' off the road. Picture of a broken wing mirror and a slight scuff on the front and rear wheel arch. they are asking for witnesses. I have screenshots of the post, and sent them another message saying I can see you dont have witnesses as you are appealing for them. I'd really not drag this out. Lets call it quits and move on. this was followed by a couple of messages that didn't really make much sense. e.g. 'do the right thing'. What should I do now?  Contact police?  Contact my insurance? - Can I tell them about this incident but say I dont want to claim? Will that affect my premium?  
    • This is the crux of the argument. The scrappage contribution should have also been counted as a deposit. It was literally a part exchange in return for a cash deduction so there is no reason it wouldn't be treated the same way.  I did not request a VT, I was struggling to pay after a separation from my partner at the time. However had the figures been reflected correctly, the VT cost would have been 2k not 9k and I may have considered it as an option. Instead, the car was marked stolen and removed from my possession by the police
    • LOL - old one the fiver theory - although with the poops its take a fiver now, promise 10p  sometime in the future while claiming the reverse theory   So when is jenrick, an apparent slam dunk as referenced higher in the thread, being referred to the police? These poops need to know that anything they throw will be returned .. with interest  
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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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Bumear Vs Barclay's


Bumear
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  • 3 weeks later...

Just phoned my local court up and they tell me they are waiting for further directions from the judge who is waiting for further directions from the high court! I though the local courts were making there own minds up??

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  • 3 weeks later...

Hi Bumear,

 

Yes call them tomorrow - you should have heard something from them by now in response to your submission in July.

 

Slick

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Just phoned them and they are still waiting for the judge to clear the backlog, he is in tomorrow. I asked what the likel;y hood was of this case being carried on and she told be it would more than likely be stayed. another win for the banks!! This makes me sick as its been going on since February, well before this test case cae to light!!!! GRRRRRRRRRRRRR!

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  • 2 weeks later...

Im getting incresingly worried now. I have still heard nothing officially from the court as to whether my case is being stayed. My problem is that I am to be made redundant on the 28th of this month and Im worried that financially I am going to struggle until I get a new job. Does anyone have any advice on what to do if my case is stayed?

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Hi Bumear,

 

You should speak to your Court again to find out when you can expect a response. However, I doubt it'll make any difference in the longrun. If your Court is Staying cases, that's what'll happen.

 

You could object to a Stay if it's made -read here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

However, even with the forthcoming redundancy, it may not change the Judge's decision. It is almost unheard of for a Stay to be lifted unless the bank was taking charges out of Family or State Benefits which were paid into the a/c.

 

An application to have the Stay lifted will cost £35 or £65 if you want to attend and put your case - but it's NOT reclaimable like other Court Fees.

 

Good luck, Slick

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Hi Bumear,

 

What I would recommend (but it's only MY opinion) is that you wait and see how the OFT Test Case scenario is resolved.

 

I wouldn't even pay the £35 fee, because I think the Stay on your case will remain.

 

Slick

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  • 2 weeks later...

Well I got the letter from my court saying they will be staying my case until early in the new year. Great news as I am now serving one months notice afetr being made redundant!

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