Jump to content


  • Tweets

  • Posts

    • I’m 17 years old and Received 2 letters from dwf with my name spelt wrong and they are asking for for £230.40. I rang dwf civil recovery the first time upon taking advice from citizens advice to explain to delay to deadline as I was in the process of receiving advice which wasn’t much help. When that deadline was done I then called again to delay the deadline as I’m struggling financially and it’s lot of money they are asking for and I tried to dispute the cost to which they said okay we will delay it another 7 days for you to dispute the cost but I asked them how do I dispute this to you or Sainsbury’s and they said “we can’t advise you on this matter” I’ve read a lot of threads saying to ignore them but I was unsure now as I’ve made contact and have tried to dispute the payment and pay it which might mean I have admitted. Would they just persist harder and take me to court eventually or file for a ccj.   I would like to ignore them still but I would like to send a strong email so they know I’m clued up and then ignore them. I also want to pay the reasonable amount and get this matter solved. any advice on the law or similar situations are helpful when I called them I asked for an itemised bill. £101 stolen goods  ( supposedly caught me because they watched me on cctv over the duration of the week) also why did they not stop me in the first day. £20.40 recovered goods £150 security costs     Thank you 
    • Theirs does, it’s the first line of it confirming name, occupation and address  thanks again though jk for highlighting! 
    • Hello,   Thoughts on this for the contents of the bundle Andy?   also looping in @BankFodder in case you have anything you think I should/shouldn't include   Thanks Draft 1 D.(95284319.DSPS).pdf
    • Did the Claimant's WS not have an address on it? If they're doing no witness attendance and their WX doesn't have address pers i'd be asking judge to not allow it under CPR r3.4 2(c) based on the Defendant's failure to adhere with the N157 directional notice which shows clear disregard for CPR. Evri's been caught out for non cpr compliance so worth a shot in any case imo
  • 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

Harvey v Cahoot


Harvey32
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6059 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

About time I started a thread! I'm at the MCOL stage where I have filed against Cahoot (issued 13th June) and they acknowledged on the 25th so I guess its just a case of waiting for their defence now?

 

I'm claiming back about 1400 in 'stolen' charges (inc fee and interest) and in the last letter I had back from them was a 'Goodwill Gesture' offering to refund my accout with 30.00!! :o They still denied any wrong doing whatsoever!

 

Anyone know if they tend to defend then settle up quickly?

 

Cheers

Link to post
Share on other sites

I'm afraid Cahoot aren't known for settling quickly! They are part of Abbey, and from now on all your communication will be with Abbey. I think I'm one of the lucky ones, they offered me full settlement 2 days after I submitted the court bundle. In most cases they seem to wait until the day before they are due in court, but they may be speeding up a bit now. Good luck and keep at it, you'll get your money in the end.

Link to post
Share on other sites

  • 2 weeks later...

Now its getting interesting! My total claim at the time of filing was £1200 and I've just received a defence from Abbey which denies that their charges are unlawful. Along with the letter was a offer of 65% £785 to settle.

 

I don't want to accept this but would be grateful for any advice on the way forward. Should I call and negotaite with them or just decline and carry on? :|

Link to post
Share on other sites

Morning all,

 

I got notice of tranfer of proceedings to Oxford Count Court this morning and also the judge has dispensed with the allocation questionaire.

 

I still haven't replied to their partial off of settlement but wondered if anyone can give me some advice on this first please?

 

Are there any templates for rejecting/negotiating an offer?

 

Cheers :)

Link to post
Share on other sites

  • 2 weeks later...

I've now got a court date through for Oct 5th in the small claims track

 

It says I must pay the allocation fee which I assume I have already done via MCOL? Actually, I'm not sure whether this applies as the Allocation Questionaire's were despensed with. Can someone advise please?

 

I have to get my court bundle to them by 15th August and they in turn have been directed to send the following:-

 

i) A response to my schedule for each individual item pursuant to what contractual provision such charge was made and producing copy of the contract relied upon

 

ii) whether such a charge is accepted to be a penalty

 

iii) if such charge is alledged to be a pre-estimate of the defendant's loss all facts and matters relied upon as showing that such was a proper estimate of loss

 

iv) if such charge is not alledged to be a pre-estimate los, showing the basis on which the charge was calculated

 

I can't see them doing the above so would it be worth trying to settle with them now?

 

Many thanks

 

Harvey

Link to post
Share on other sites

  • 2 weeks later...

Just spoken to Oxford County Court and its business as usual. I also spoke to Claire Fletcher from Cahoot and she said no further negotiations until the result of the test case. Their 65% offer is still vaild though.

 

My court bundle is going off Monday. Can anyone suggest anything else I should send like witness statements that relate to Abbey?

 

Thanks

Link to post
Share on other sites

This get better.....sent off both my Court Bundles by Courier on Tuesday to meet the Wednesday deadline. The court rec'd and signed for their copy but Abbey REFUSED to take delivery! The Abbey bundle is still with the courier.

 

Any suggestions what to do now?!?!?

Link to post
Share on other sites

  • 2 weeks later...

Update: I redirected the bundle that they refused to sign for to a 'named' person in their legal dept. The couriers explained that the lack of name was the reason they refused in the first place.

 

The courts directions stated they must file their defence by 4pm today. Needless to say that nothing turned up.

 

What's the best plan of attack now?

 

Cheers

 

Harvey

Link to post
Share on other sites

I've just spoken to Oxford County Court and advised them that I hadn't received Cahoot's defence by the deadline of 4pm yesterday. The clerk said that they hadn't rec'd a defence either.

 

She said that as the directions states that: IF THE DEFENDANT FAILS TO COMPLY WITH THIS ORDER, THE DEFENCE IS STRUCK OUT WITHOUT FURTHER ORDER AND THE CLAIMANT MAY REQUEST JUDGEMENT IN DEFAULT.

 

Is it best to do this now? Please can someone help as I feel like I'm close now and don't want to screw up!! :confused:

Link to post
Share on other sites

  • 1 month later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...