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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   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.

      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Strictly Without Prejudice


chloecharm
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Friday i trotted off to the Court with my AQ and cheque for £100.

 

In todays post, a letter dated 11.4.07, from SC&M arrived.

 

Obviously I cant tell you what it said (lol) but they want to pay up.

 

My queries - should I phone/write and say yes but now its an extra £100 for the AQ fee;

and

the 8% interest was calculated up to 28.2.7 - should this be calculated to todays date, or is that being greedy!:???:

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Hi Chloecharm :)

 

Do you mind if I ask you how much was your claim for?

 

The reason being that it seems (from what I've been reading in here lately) that Lloyds are wanting to settle at the AQ stage rather than when they are about to go to court.

 

I've sent my AQ last Thursday and am interested to know if they are paying up at this stage depending on the sum being claimed.

 

I assume you should be able to recover your AQ fees. :confused:

 

Flower :)

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When did you pay the court? The cheque may not have been banked yet, phone them they are normally very helpful. If it has been banked, then accept the Bank offer conditionally, i.e. advise them you will not advise the court that the claim is settled until you receive interest and AQ fee refund as specified.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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my claim was £3283.39 depending on whether the 8% should be to the date of MCOL or later.

 

A helpful lady at the court offices said dont stop now but make the £100 AQ fee part of the settlement - i've already found a letter on here to make my own settlement letter, who would want to agree to their terms?

 

Nearly there! :)

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My claim is for less but within that region...will have to wait and see whether they will settle at the AQ stage or at a later stage.

 

Yeap, sound advice...the settlement should be on your terms and not the bank terms.

 

Good luck :)

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If anyone can help, I'm still pondering over whether the statutory interest (which is a daily rate of 65p (wow!)) should be added up to the date of their letter of offer - the 11th April, or the date of MCOL - 28th February.

 

And while I'm here..... a big thankyou for everyone who writes anything! Every thread I read helped spur me on during the times when I was thinking "maybe my case isn't the same and I should give up".

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  • 1 month later...

Well, at long last they paid up! :D :D

 

I've done my donation, but do I need to tell a mod (I dont think I ever told one that I had started a claim)

 

.. and I've lost track of where I saw a letter to tell the Court that its been settled - can anyone help?

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