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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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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.

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      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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      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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jetboy1 v Lloyds


jetboy1
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I have just joined this site, I am on the third stage letter where by they had told me NO, that i was not getting my chargfes back sent the 3rd stage letter in, on the 9/5/07 and they have now ignored me completely I have complained to the financial ombudsman service on the 31/05/07 and they have written to them complaining about their lack of response, so far have still not heard from bank, but i have been led to bellieve that once you complain to the fos, the bank has to respond. I will be taking it further if I dont hear from them as I have over £2000 in charges to get back. I will keep you posted. Out of interest my friend who is with the Bank of Scotland got her charges back in full and she started the process at the same time as me

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Hi

What she did was go through the ombudsman complaining that she coulod never get through on the tel no she had she eventually got a direct number for head office and was on the phone pretty often giving them deadlines as to when they were going to let her know about her charges being very persistent with them and stating that she was prepared to go to court for everything she was due, this was lawyers fees court costs ect eventually they offered her 2,200 pounds at 1400 hours and by 1530 hours it was 3,500 and that was last thursday and by Sat 09/06/07 the money was in her a/c. I am still waiting to hear from LLLoyds but I will be contacting them at the end of the week if I dont hear from them just giving them a chance to respond to my complaint which I made to the ombudsman. I think though I will be once again threatening them with court, though not to sure how to go about it in Scotland as it is not a county court we go through, any ideas

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