Jump to content


  • Tweets

  • Posts

    • I'm not sure we were on standard tariffs - I've uploaded as many proofs as I can for the ombudsman - ovo called last night uping the compensation to 100 from 50 pounds for the slip in customer service however they won't acknowledge the the problem them not acknowledging a fault has caused nor are they willing to remedy anything as they won't accept the meter or formula was wrong.   I'd appreciate more details on the economy 7 approach and I'll update the ombudsman with any information you can share. 
    • To re-iterate and highlight my urgent question on this one: The N24 from the court did not include any instructions to submit paperwork 28 days before the date, unlike the N157 received for other smaller claims. Do I have to submit a WS for this court date? Link has!...
    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

My court case has been transfered 95 miles away!


Crossley56
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6231 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi I live in West Wales and my case was supposed to be held in Carmarthen but today I recieved a general form of Judgement or Order saying that the local judge had transfered my case to Cardiff Civil Justice Centre.

Carmarthen is 26 miles away from me Cardiff is 95 miles

 

What can I do to have this transfer order set aside?

 

Has anyone else had this happen?

Link to post
Share on other sites

You could write to the judge explaining your circumstances and whether the transfer could be reconsidered. To be honest I wouldn't worry about it too much at the moment. It is unlikely that you will actually have to appear in court. This has happened to a few people before but they have had a full settlement offer before they ever got a court date. :D

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

Link to post
Share on other sites

I am going to send this to the court.

I wish to have the order to transfer my case to Cardiff Civil Justice Centre set aside on the following grounds.

 

I would have great difficulty in attending the rearranged venue due to it being over 95 miles from my home, Carmarthen only being 26 miles away.

 

As I am the Claimant, I understand that I have the right to have my case heard at my local county court.

 

It would cause me great financial hardship to attend Cardiff Civil Justice Centre, as I am a student and can only work part time and earn just over £400 per month. I have actually had to borrow the money to cover the court fees.

 

The case is not a complex one and should take no longer than 1 hour and the legal cases I will be using in the hearing are well known (see attached documents).

It would be very strange for the travelling time (over three hours each way) to exceed the time that the case will take.

That is if, indeed, the defendant’s solicitors actually turns up to defend the case. They have, as yet, not done this in over 99.9% of the other actions that have been brought against the banks to date. This is based on information supplied by the Consumer Action Group website who provide assistance on matters relating to my type of case and many others.

 

Hopefully they will change their minds, though the bank have had a one month stay to mediate a settlement (they have not changed their offer one penny and insist any settlement is paid into my current account)

 

Anyone got any other ideas for reasons to SET ASIDE the transfer.

Link to post
Share on other sites

Yup posted AQ on time (HSBC didnt, they were given two weeks by Court) then when they did post their AQ they asked for (and got) a Four week stay to come to an agreement with me. Basically during this time their offer has not changed from before the AQ ie £2281.77p where I am claiming £2752.49p from them. Have declined their offer for the second time and also the conditions they imposed in it eg Only pay it into my account.

 

Also in my letter to court I am enclosing the legal cases I will be citing in my claim (just to let them know I am serious and also in the right)

 

I am a ex computer consultant who specialized in large mainframe systems and have installed system for Bradford and Bingley, Leeds Permanent, Royal Bank of Scotland and Barclaycard so I know how the banks sytems work. That there IS NO MANUAL intervention and that it costs them less than 50p to action the routine (including postage) so if you said £1.00 including staff, development and hardware costs it would be nearer the mark.

Link to post
Share on other sites

They have offered the £2281.77p twice and do not want to increase it That amounts to only the charges and not the interest (caused by their charges) which is £471 difference also they insist on paying all of it into my account.

I want a cheque for the balance after my account is zeroised, as I want to decide where the rest of the money goes.

I have defaulted on a personal loan due to their charges and have an agreement with MCS over repayment.

 

Loan got defaulted when my (soon to be ex) wife stopped paying her half of it in April last year (£180 per month) I paid all of it for as long as I could and informed the bank of my situation. Guess what, NO RESPONSE to my first two letters, but as soon as MCS got involved they responded to my third letter offering to pay my half.

 

So that is why I want the balance paid by cheque (over £1400) because it is about time I controlled my finances and not the bank.

 

Re access to their systems No I left computing four years ago and am about to qualify as an electrician in June 2007 (three year course).

As an aside I have always informed the bank of my situation, Just doing what they recommend but we know what effect that has ABSOLUTELY NOTHING.

Link to post
Share on other sites

Cross, Good luck with your new career. We all know what effect writing to HSBC has and what they do, every now and again you come across a thread here about an elderly relative or someone with a crippling disease and they get the same treatment, its disgusting.

The banks have retreated into their own Dickenzian world where nothing matters but money, its up to us to be the ghosts of Christmas past present and future and drag them back kicking and screaming into the 21st century.

pete

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...