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    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
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    • Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
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    • You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though. A receiver is bought in by the lender, not you. If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here. Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees. https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme
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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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      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
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Jibba v Barclays - **WON**


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Hi all

I am due in court with Barclays tomorrow at 12.00.

 

Neither myself or the court have received a bundle or anything. I have not been contacted by Barclays - I thought they would have made an offer by now. The money has not been put in my account either as of 14.00hrs today.

 

I have sent the bundle and done everything I should, bit nervous about going to court, but they seem to have settled with everyone else - why not me!

Barclays Bank

21/11/2006 Sent Subject Access Request

 

Barclaycard

21/11/2006 Sent Subject Access Request

28/11/2006 Copy statements received

28/11/2006 Give me £399.72 or else

 

Halifax Credit Card 1

21/11/2006 Sent Subject Access Request

 

Halifax Credit Card 2

21/11/2006 Sent Subject Access Request

 

Marks and Spencer Credit Card

21/11/2006 Sent Subject Access Request

 

Halifax Bank

21/11/2006 Sent Subject Access Request

 

Morgan Stanley Credit Card

21/11/2006 Sent Subject Access Request

 

West Bromwich Building Society

21/11/2006 Sent Subject Access Request

 

Endeavour Personal Finance

21/11/2006 Sent Subject Access Request

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Try phoning B's litigation team ask them if they intend turning up in court tomorrow

chances are they will settle to have an updated SOC .... and dont settle for anything less than you are happy with

Krysta Campbell

Barclays

Litigation and Disputes

1 Churchill Place

LONDON

E14 5HP

Tel: 02071164753

Fax: 01452638359

email:krysta.campbell@barclays. com

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i agree with Saintly, [always gets in first...lol]

 

have a read of a recent posting of mine:

I suggest you bit the bullet and contact the Litigation Team, Go through Krysta, asking to speak to the person who is handling your claim,

 

Start with referring to your claim number and the court date at which ever court being heard by District Judge ………

 

Go on to say……

I realise from your defence that you do not agree with my legal analysis that the charges levied to my account amount to penalty clauses and are deemed unfair. I do however recognise the fact that the sum at issue between us is relatively modest and as such, it is not cost effect for either party to take the matter to trial. Therefore in order to avoid the inevitable time and cost associated with pursuing the claim to trial I am willing to settle the claim upon repayment of the charges applied to my account, together with statutory interest and costs totalling £xxx.xx.

Only once in receipt of cleared funds I will discontinue all action against Barclays in connection with this claim

[[this is taken from THEIR agreement letter]]

 

They are a very helpful and polite team.

 

I know this is going to be very daunting, but have a read through some recent posts.

Caz V Barclays / Woolwich **WON**

Woodentop v Barclays **WON**

What do i do next ?? Woolwich haven't filed defence**WON**

And many more.

 

Everyone that has followed this advice is very pleased they did.

 

One thing to remember b4 contacting them is to have your updated figures in front of you and settle only with what you are happy with,

If they do arguing the toss which isnt very often simply say thank you for your time I think I'll let the judge decide goodbye, hang up and they will contact you back.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Better than I thought! Rang them they offered to settle £860 which is the full amount plus interest - I asked them about the cost of the court file, court fee, etc and they offered to settle £1100!!

They have emailed a letter which I have signed and sent back!

Thanks for everything, donation on its way if and when cheque clears!

Barclays Bank

21/11/2006 Sent Subject Access Request

 

Barclaycard

21/11/2006 Sent Subject Access Request

28/11/2006 Copy statements received

28/11/2006 Give me £399.72 or else

 

Halifax Credit Card 1

21/11/2006 Sent Subject Access Request

 

Halifax Credit Card 2

21/11/2006 Sent Subject Access Request

 

Marks and Spencer Credit Card

21/11/2006 Sent Subject Access Request

 

Halifax Bank

21/11/2006 Sent Subject Access Request

 

Morgan Stanley Credit Card

21/11/2006 Sent Subject Access Request

 

West Bromwich Building Society

21/11/2006 Sent Subject Access Request

 

Endeavour Personal Finance

21/11/2006 Sent Subject Access Request

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