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    • we know them well. you TOTALLY ignore them. NO DCA is a BAILIFF  
    • I've read loads of old messages about what to do but feel my case is different, it's a bit of a back story so ill break it down. - Had a letter from an Italian province in July of 2020 for a speeding offence in 2019 for 575 euros, was in a hire car I used for work, no longer work for them and heard nothing from either. - Thought blimey, but went to pay it anyway, it had doubled to over 1100 euros, yeah I can't afford paying that, filled out the attached information sheet to say it was me driving but I have no money or job due to COVID (true story) and sent it back (durrrr) - Heard nothing until December of 2023, a letter from an appointed solicitor from Florence saying if I don't pay, we will chase you through the legal system with costs born by you. - May of this year, I get a letter from CLI (Credit Limits International) saying they have been appointed to carry out the collection, £1475. - Stupidly, I started the 'three letter process' asking for proof etc, and they replied a few days ago with a copy of the fines I had received from Italy, they stated the debt has no terms and conditions as it relates to a fine in Italy and the debt is not subject to the Consumer Credit agreement. I translate that to "at the moment we don't own the debt and have been given authority from Italy to pursue the debt". That is where I am currently at, I would begrudge giving in and paying an obscene amount. As seen from similar threads, I know a threat of a visit is coming, followed by a threat of court action, but annoyingly it hasn't been mentioned how these cases were concluded and the threads are now locked. I've read to ignore them, but can't help but feel that because it's such a substantial amount that they will feel it's worthy of pursuing this no matter the hoops they have to jump through. Along with admitting it was me driving and opening the can of worms by contacting the DCA, it wouldn't look good for me should it ever get to a courtroom.  Has anyone with previous experience managed to 'get away with it'? Anyone know what they're capable of other than nagging me? I'm not after any moral judgment. Forgot to add, got friends in Italy, and one of them rang the Police where the fine came from, and her reply was “Tell your friend it’s not a big deal, it’s only a speeding fine we’re not going to chase him, tell him in future to take his foot off the gas, however it he returns to a Italy and gets control checked, he would be held until the fine is paid”  A bit odd I thought, considering I am being chased now.
    • take the SD card out and put on a pc/laptop then run recuva on it in  select videos only option select specific location hit browse then select drive letter of the SD card. then next  then deep scan then go have a cup of tea..  when done dont recover the all files back to the card select a new folder on your pc/laptop        
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Urgent!!! Please Help!


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Hold on and I'll get a link posted up...

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=89

 

This will start a new thread of your own in the general debt forum. This is where you have just posted, except in my thread. This will let you make your own.

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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pgscoop you may also want to have a look at this to give you the basics of using this site http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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hi monopoly! after seeing your posting over at ltsb i saw you had a problem with next.I am in same position. I had a 3month payment plan with them (been off work sick) i missed one payment then i received court papers.no default notice just papers from northampton court. the poc was exactly the same as yours but dated 8th may.on 17th may i sent letter asking for cca. They cashed the cheque and wrote back saying the matter would be investigated on the 29th may, and ive not heard another word from them.I put in defence(though not as good as yours as i hadnt seen this) i just said that i didnt acknoledge the debt and i had asked next to supply me with a tre copy of the cca which they hadnt and asked if they would supply it to the court. On mcol it says transferred to local court but ive heard nothing from them,next or solicitors.

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Ooh I just checked MCOL and it says it has been transferred to Bradford on 1st August. I don't have a clue what I'm supposed to do now!?

 

Malaga - Try getting in touch with your local court. I don't know what else to suggest really because Im now in the same situation. Sorry.

What date was yours transferred?

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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Ooh I just checked MCOL and it says it has been transferred to Bradford on 1st August. I don't have a clue what I'm supposed to do now!?

 

Malaga - Try getting in touch with your local court. I don't know what else to suggest really because Im now in the same situation. Sorry.

What date was yours transferred?

 

Is bradford your nearest county court? If so, it's just automatic. If not, you need to write to the case manager, say that you're a resident of XXX (Your Address) and a litigant in person, and ask that they transfer the court to your local court.

 

Is the address on your claim form correct, btw? If not:

 

For the attention of the case manager

 

In the Matter of Claimant vs YOU

Case Number XXXX

In the COURT County Court

Dear Sir or Madam,

 

RE: Incorrect Address on claim form,

 

Could you help me please? The claimant provided the wrong address on my claim form, and subsequently some of the court documents have been served to the wrong address.

 

Is it possible to change my address in your recordss to: YOUR ADDRESS, and arange for any documents served at the incorrect address to be served to me?

 

Also, I'm aware that as a litigant in person, the case is normally transfered to my local court. Is it possible for you to arrange this, since my case seems to have been transfered to the wrong court?

 

Yours Sincerly,

 

XXX.

 

Fax the court and the soliciters.

Ring the court the next day to see if it has been recieved.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi tomterm, yas Bradford is where I live and the addresses are all correct.

 

Postman just came and I have got a Notice of Transfer of Proceedings.

There is a note to all parties saying a defence has been filed, the claim has been transferred to the area the defendant lives, all communication should now be addressed to Bradford Combined Court.

There is a note just to the defendant saying I must complete the allocation questionaire provided and return it to the court by 20/08/07.

 

Argh!?

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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Hi tomterm, yas Bradford is where I live and the addresses are all correct.

 

Postman just came and I have got a Notice of Transfer of Proceedings.

There is a note to all parties saying a defence has been filed, the claim has been transferred to the area the defendant lives, all communication should now be addressed to Bradford Combined Court.

There is a note just to the defendant saying I must complete the allocation questionaire provided and return it to the court by 20/08/07.

 

Argh!?

 

Cool, that's just standard...

 

which allocation questionairre have you got, small claims track or the mamoth one? LOL:)

 

p.s. didn't it say anything about a stay of 28 days?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Its an N149 small claims tracks.

I cant find anything about a stay unless its Section A - Settlement - on the AQ which asks if you would like any further action to be postponed for one month to attempt to settle out of court or ADR.

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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Its an N149 small claims tracks.

I cant find anything about a stay unless its Section A - Settlement - on the AQ which asks if you would like any further action to be postponed for one month to attempt to settle out of court or ADR.

 

So the letter to day your defence has been recieved, and served upon the defendant didn't say something alongs that the defendant can chose to proceed or not and has 28 days to do so, after which the case will be stayed?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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No this letter has come 33 days after I filed the defence online. Heard nothing in that time until now. If this is an automatic thing, to be transferred locally from MCOL, does this mean that the solicitors probably still haven't responded.

 

The only instructions I have is to complete and return the AQ by 20/08/07.

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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No this letter has come 33 days after I filed the defence online. Heard nothing in that time until now. If this is an automatic thing, to be transferred locally from MCOL, does this mean that the solicitors probably still haven't responded.

 

The only instructions I have is to complete and return the AQ by 20/08/07.

 

1. it is automatic, and 2. presumably, they have responded.

 

Looks like you'll have to fill in your AQ by 20th... it is quite a simple one, but Laiste will advise you, I'm sure.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I don't understand how they could possibly respond to that defence. It was blatantly obvious that they don't stand a chance in hell, as they admitted they don't hold an agreement.

 

I haven't heard from Laiste since she provided the defence, do you think I should PM her? I don't like to bother her because she has already helped me loads and I know she's really busy helping other people.

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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I don't understand how they could possibly respond to that defence. It was blatantly obvious that they don't stand a chance in hell, as they admitted they don't hold an agreement.

 

I haven't heard from Laiste since she provided the defence, do you think I should PM her? I don't like to bother her because she has already helped me loads and I know she's really busy helping other people.

 

The response is only if they intend to pursue the claim or not... presumably, they intend to continue.

 

I think you should PM laiste, haven't seen her around much recently:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Ok I will do. I think I need to just tick no to pretty much every question though lol.

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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MONOPOLY

i read everything about your case from a money point of view i feel they are not acting in the shareholders interests £187 alleged debt court fee= ?? solicitors fee = ??? apart from having "norfolkinchance"

 

now will tomterm check these words out is this applicable

"a party affected by this order may under rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order "

 

i have cribbed this

:cool: sunbathing in juan les pins de temps en temps

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MONOPOLY

i read everything about your case from a money point of view i feel they are not acting in the shareholders interests £187 alleged debt court fee= ?? solicitors fee = ??? apart from having "norfolkinchance"

 

now will tomterm check these words out is this applicable

"a party affected by this order may under rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order "

 

i have cribbed this

 

Um... no, not particularly relevant, as such.

 

PART 24 - SUMMARY JUDGMENT is more relevant.

 

The most effective way to force 'em to close down these small claims, i find, is simply to look through the OFT debt collection guidelines, find something they did wrong in the last 6 months, and send them a formal complaint.

 

'Cause, you then submitted it to the F.O.S. and that costs them 450.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Well I PM'd Laiste and she will be helping me to fill out the AQ this weekend at some point. Phew! Thanks everyone

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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  • 2 weeks later...

Well the AQ was filed in good time but Ive had absolutely nothing in return from the solicitors. Not even an acknowlegdement.

I suppose I'll just have to wait to hear from the court now.

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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Hi Monopoly! I took my AQ to the courts last week. Heard nothing from Next or Howard Cohen Solicitors only by phone when they said they had no agreement for me! Just dont see how they can go this far with no agreement! Will let you know if I Hear anything! Good luck with yours

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Thanks malaga1. I checked the CRA's yesterday and Next have left a big fat default on there. Its going to take me ages to try and get that removed.

Sill the same otherwise - no AQ from their sols. Doesn't look like they'll be filing one to me...

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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  • 2 weeks later...

Well I have not recieved a copy of their AQ but today we got a notice of allocation to the small claims track - and the hearing is set for 19th September!!!

 

There is an order attached which states:

 

1. This claim is allocated to the small claims track and the parties are reffered to Part 27 of the Civil Procedure Rules and the Practice Direction of that Part for guidance on how the hearing of the claim will be conducted.

 

2. The claim will be heard at the place and time which is set out on the notice.

 

3. The hearing will take 1 hour and the court must be notified if this estimate may substantially increase.

 

4. The parties are encouraged to try to settle by negotiation and the court must be notified if this happens.

 

5. The following directions must be complied with and if not, the party at fault may have to pay costs.

 

6. Each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely on at the hearing no later than 14 days before the hearing.

 

7. The original documents must be brought to the hearing.

 

8. The judge may refuse to consider a document or take it into account if a copy of it has not been sent to all parties as required by this order.

 

9. Neither party may rely on any report from an expert at the hearing unless permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this order and seek permission, giving an explanation why the assistance of an expert is necessary.

 

10. Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application to the court (together with any appropriate fee) to arrive within 7 days of service of this letter.

 

Thats it. I dont have a clue how to prepare all this now and I can't believe they have only given us 2 days to get all this info to the sols and to the court.

 

Please help!!!!

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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Hi Monopoly,

 

Before we get into what you need to do, can you tell me the date that's on the Order. You will find it in the top right hand box of the Order itself. Also, can you tell me when you received this Order?

 

Regards,

 

Laiste.:)

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