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    • Yes it was originally SSE I believe they have been taken over by OVO I may be wrong. The original debt was from around 2018 I think. 
    • I moved into my current property and SSE were the provider I switched to British Gas a few months in, I believe this might have been a final bill.
    • Its not clear from your posts how this debt was incurred ? You moved into the house and they were the existing supplier ? So the debt is for the previous owner ?
    • defence is due on Friday haven't had a response from Morality yet with regards to the CPR request. Have found this from a previous thread would it be ok to use?   1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.Furthermore, the claimant has given no details as to the breakdown of their claim so the defendant is unable to defend specifically.   4. The claimant openly admits that they do not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated. Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a  written agreement:   (1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s)  should be available at  the hearing. With the court’s permission the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed ; c) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   6. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
  • 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

car2403 -v- Halifax


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No advice needed here .....;)

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  • 3 weeks later...

I'm issuing via MCOL today - I would go down the N1 route, in the hope that my local Court will refuse the inevitable OFT stay, but alas the Judge's there don't have the bottle to refuse a stay.

 

So, I'm £50 lighter - (or rather my C/card is £50 heavier!) but I'm in with a (2nd!) chance of getting £302.46 back... growing daily at 0.00022%! Woo hoo!

 

:(

 

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I'd read that beforehand and decided on MCOL anyway - given the grief I've had with other claims at my local Court, I can't see the point going with an N1 anyway.

 

MCOL?... Stay will be applied!

N1?... Stay will be applied!

Stay applied?... Nightmare getting it removed, regardless of arguments or financial hardship caused, or whether its with Northampton or my local Court!

Different actions?... Same result!

Chance of winning my second successful claim against the oppressive Halifax... PRICELESS!

 

:-|

 

I should be writing material for adverts, me...

 

:rolleyes:

 

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Make sure you read the update on the mcol thread.

 

Cases can be transfered to your local court IF you request.

HOW TO...DUMMIES GUIDE TO CAG...Read here

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

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  • 2 weeks later...

Defence received:

 

Between:

car2403 (Claimant)

and

Halifax Plc (Defendant)

 

DEFENCE

1. On 27th July 2007 a “Test Case” was issued in the High Court between the Office of Fair Trading and a number of banks (namely Abbey National plc, Barclays Bank plc, Clydesdale Bank plc, HBOS plc, HSBC Bank plc, Lloyds Bank plc, Nationwide Building Society and The Royal Bank of Scotland Group plc in relation to the recovery by personal current account customer of charges paid by them to the banks.

2. The Defendant respectfully requests that this claim is stayed until further Order pending the final decision in the test case.

3. The Defendant intends to defend this action, and will file a full defence within 28 days of the expiration of the stay in proceedings.

4. In the meantime, the Defendant makes no admissions to the particulars of claim, and the Defendant denies that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all.

 

I'm a bit behind with the Halifax process, as I've been concentrating on my other claims, so is there a standard response to this?

 

On the face of it, this is no defence at all and they shouldn't stay the claim on this basis - knowing about other claims, though, sadly that won't be the case.

 

Tally ho!

 

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You will hear from your court now to let you know if the stay has been granted.

 

It is worth a look here to see if your court is staying claims. Im assuming this is a current account and not a credit card account.

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/109936-find-out-here-if-27.html

 

And if they have then the link Tilly gave you is what you need.

HOW TO...DUMMIES GUIDE TO CAG...Read here

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F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Dont forget though a small conselation is all the while its waiting its adding the 8% and daily interst.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Nah, no chance! Stay awarded with the usual/standard wording. My arguments seem to have fallen on deaf (and stupid!) ears!

 

Now, is it really worth requesting the case to be transferred to my local Court so I can challenge it there - especially given that I have another claim with NastyVest that has been stayed without me being given the chance to argue my case properly?

 

I don't think I'll bother wasting 2 sheets of A4 paper, some ink and a couple of 1st class stamps! I'll go and buy myself a 4-pack of Mars Bars and drown my sorrows until the stay is lifted instead. (Other Chocolate bars are available, by the way)

 

Ho hum...

 

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Have you had a read in the stay forum (in my links) you will see there have been a lot of stays lifted and cases have continued.

 

So it might be worth a couple of sheets of paper. :rolleyes:

 

If not, then make sure you share those mars bars!!!:p

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 1 year later...

I didn't bother in the end - saved the cost of those sheets of paper and stamps. (Actually, they were 1st class stamps which have increased in cost, so I've saved even more, there!)

 

The good news is the 8% interest has doubled since the claim was entered - I'm yet to find a spreadsheet telling me how many Mars Bars that is, but I know it's a lot...

 

:p

 

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  • 5 months later...

Well, well, well. After all the furore about this OFT TC judgment today, the announcement really helps;

 

The Consumer Forums - Announcements in Forum : Halifax Bank and Bank of Scotland

So, this is going off to the Court by fax, tomorrow;

 

Dear Sir/Madam,

 

Case No: 7****** - car2403 –v– Halifax PLC

 

I, the Claimant in the case above, refer to the Claim above and specifically to the order, staying the claim, made by District Judge XXX, dated XXXX.

 

I understand that the Judicial Press Office has advised Claimants to write and request a lifting of their stayed claim.

 

As my claim for Bank Charges is brought under Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999, and is therefore not affected by the recent Supreme Court Judgment, in fact the Supreme Court has indicated that a challenge to "fairness" of my Banking Contract under Regulation 5 may be an appropriate route to take.

 

I therefore request that the stay be lifted, that any necessary directions be given, and that a date be listed for a hearing of my claim.

 

Yours faithfully

 

There's also a sneaky copy going to Optima- if their fax machine is free to receive it, that is... ;)

 

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  • 4 weeks later...

Flaming Northampton! :mad:

 

They want a formal application and the associated fee for making it! :mad:

 

I wonder how much HMCS is going to make from these fees?

 

Ah, well, application and fee going off - it just adds to the amount I'm claiming. (and delays it by almost 3 weeks!)

 

:mad::mad::mad::mad::mad:

 

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