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    • I see they're trying to round up asylum seekers and lock them up for about three months so they can be put on planes to Rwanda. I'm a bit surprised that this is legal.  
    • thought for the day "Prime ministers need a big strategy that tells you where you’re going, you need a bunch of tactics that get you there, and you need the ability to take everybody else with you."   Now I know you are all thinking 'why is the  UKs destination Rwanda ???
    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
    • Right that's exactly why so many drivers got caught, it had been that way for many years then suddenly changes with no warning
    • The hearing is 25th June, I have downloaded items to different organisations previously but they do it a simple way and I just cross out private things with a felt tip and sent to an email address.  I have looked at the instructions for CAG it seems extremely complicated especially this about having to use a system MSPAINT.EXE that removes your personal information. I am hoping one of my Grandchildren understands things to give me help, I have shown one of my daughters she said she does not understand the instructions. I have a PC and I mainly use a lap top, as previously advised I only understand the straightforward things, sending an email and using my scanner to send a document that I save in a file or send it to an email. I will try and find someone to help me, thanks for your help you have given me so far appreciate it        
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Cancelling mobile phone contracts early....?


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I have a feeling this will have come up before, but nothing came up in my search and if you don't ask, you don't get, right!?

 

I have heard a little rumour that if your service provider send a text informing of new T&C's, and if you DON'T use it after this message, you can write and cancel your contract early?

 

Is this true? Are there any other ways of cutting short a contract? I am 5 months into a 18 month contract and I really want rid :(

 

I am on Orange Dolphin which I arranged through a website, so I don't even get the unlimited free texts. Reception is poor, the phone is poor and I can't afford the bills, so I want rid!

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Some observations - the contract conditions you sign up to will usually prevail for the duration of your minimum contract term, any subsequent changes being automatically applied on the 13th or 18th month (as appropriate). If the changes are to be applied immediately, then you will have an opportubity to decline them, but you have to do something positive to opt out, you cannot simply cease using the service and expect that to suffice. Sorry.

 

Being sent a 'text message' of changes to the contract is immaterial because there is no guarantee that the phone user is actually the contract holder, so material changes must be served in writing, not as a text (although both is acceptable).

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Thanks for your reply. I understand that many service providers simply made their routine T&C changes on their respective websites, which Ofcom (I think) said this wasn't enough to inform consumers, in which they set a ruling meaning the SP had to directly inform the owner of the handset with a call or text. Is this correct, do you know?

 

I meant that once this text informing of new T&C's came through, one could stop using the services (as continuation would act as acknowledgement and acceptance of the new T&C's) and then write to the SP stating reasons why you don't accept them and request termination. Hope that makes sense!?

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I know what you mean, but OFCOM were outlawing material changes by text (a 'call' was never permissible). The contract would be the one you signed (or agreed to) that was in force on your acceptance until the primary period expired.

 

What you outline would be correct for Pre-Pay, but not for Contract (Post Pay) users.

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What information was contained in the text message? What changes have been made to your Ts &Cs?

Orange have been informing customers about changes to Ts & Cs on the bills for the past few months with the new terms coming into effect from 1st June. However these new terms do not constitute a large enough change to warrent termination, they are mainly saying that if you do want to buy out of your contract, they will no longer give you a discount, and that they may enforce a credit limit on your monthly spend.

I don't understand why you have taken on a contract that you cannot afford.

You will be able to drop to a lower tariff after 9 months.

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