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    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
    • 2. Is correct disregard 1. You must attend ad per the order 
  • 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

56134 -v- Lloyds ** WON **


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  • 2 weeks later...

Today my claim at Money Claim Online is showing lloyds have finally acknowledged the claim. They have until Monday to enter a defence before I can request for the case to be awarded in my favour by default. I am presuming their acknowledging the claim doesn't affect this, and unless they get in the defence I can still go ahead? I know they probably will enter the defence, but can I still hope?

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It was issued on 2nd May, and so deemed to have been served on 7th May, so they had until 21st May for the 14 day deadline to respond. Today they have acknowledged the claim.

I think now they have 28 days from the date of service to enter a defence. Is this correct?

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  • 2 weeks later...

They have entered a defence today. Do we have to do anything different in the light of the Birmingham case? I have been reading about using the terms and conditions to counter their 'account fee' defence, but don't have my t & c's. Is there anywhere I can get these from for a Lloyds TSB current account? Are they the same for all current accounts, or do they vary depending on when the account was opened? Help please!:-o

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  • 1 month later...

Two things have happened today. Firstly after the case was tranferred by MCOL we were told it would be heard at our local court in Harrogate. I have now received a letter saying that after a judge has read through the papers it has been tranferred to Leeds. Why is this? And can we ask for it to be heard in Harrogate?

Also I have received a letter from SC&M asking me to phone my local branch to ask for a review of my account, and saying they are now waiting to hear I've done this. Surely they can't make me do this, or delay the case if I don't?

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hiya, just to let you know my brother phoned sc&m and told them he had contacted hes local lloyds branch and that they didnt no anything about him contacting them..

 

He hadnt actually contacted lloyds at all

 

They told him ok an offer will go out tonight first class and should be with him by wednesday.

 

so anyone with this letter should phone sc&m dont bother with lloyds..

 

will keep you posted on offer

 

karen

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  • 2 weeks later...

Congratulations.......and I don't blame you...:D

 

Red

Come on the mighty reds!!!!!!

 

Lloyds TSB - Success - 14/7/07

Lloyds TSB - Pending -

Halifax - Pending -

 

 

Tip my scales if I have been of assistance :D

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hi all, how did you go about this in the first place. i have had loads of charges taken out of my bank, im with lloyds. i phoned them, sent letters, sent emails and recoeved a letter the other morning saying that they could not give back the charges because they are fine. i have opened another bank account a few months ago and have not yet looked in lloyds. i got a statement through the other day and im £800 overdrawn. i only have an overdraft of650. i dont know what else i can do, im only young and dont feel i want to stand up in court. is there anybody who could help me?????? PLEASE

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You need to have a read of the step by step guide then start your own thread. Help is never far away :)

 

Found here:

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

Come on the mighty reds!!!!!!

 

Lloyds TSB - Success - 14/7/07

Lloyds TSB - Pending -

Halifax - Pending -

 

 

Tip my scales if I have been of assistance :D

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Please don't feel thereatened or overwhelmed because of your age. It is a big deal for anyone, and I wasn't looking forward to court either - I've never done anything remotely like this, but was so disgusted with their actions I went ahead. the step by step instructions mentioned above take you through every move. If it does come to court, you can arrange someone to attend with you through this site - see court buddy.

It is worth it all.

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