Jump to content


  • Tweets

  • Posts

    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • 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
      • 160 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

Help messed up on spreadsheet


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6068 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

Hi

 

I'm at the court stage of my claim, it has just been transferred to my local court from MCOL I've already amended my particulars of claim (off my own back as there was not enough information) which cost me £35, but I've just realised the spreadsheet figures that i have just sent to cobbetts are not the same on my N1 form.

 

My original claim was for £1814 (which i sent to court) but i wanted to present the figures nicely by using the spreadsheets (which i should have done in the first place !!) and the total has come back at £1669.43 which means I've over charged them by £45, although the court have not got this figure yet !! Cobbetts have (I'm so stupid)

 

I want to know if i should just wait and see the response off cobbetts first, or pay another £35 to amend it. I just don't want cobbetts to be able to strike it out on this mistake without giving me notice to amend it :confused::-x I've been looking on the forum to see if anyone else has done the same, but can't find anything. Hope you can help.

Link to post
Share on other sites

Personally, I'd be inclined to wait. Cobbetts will go over your claim with a fine tooth comb....... they won't pay out a penny more on behalf of their client than is necessary. Phone the court for confirmation - they may advise you to do another amendment. If they don't - don't worry. If they do - just submit another amendment and ensure that all details are correct this time. ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

Thanks for your advice, I'm just not sure if Cobbetts can apply for a strike out order without letting know of my mistake first.

 

What i don't get is that my first figures done on MCOL were for charges of £1142 it automatically put the interest and court costs on and it totalled £1814.28

 

When i did the figures on the spreadsheet the charges came to £1154 and with the interest it totalled £1669.43, so even though the second figure was higher the total is lower (Nothing is straight forward for me)

I hope the court will let me amend this if need be:cool:

Link to post
Share on other sites

Hi

 

I'm just getting in a bit of a panic as to the above, I've spoken to the court about making a mistake on my figures, the guy told me to wait and see if Cobbetts recognise it, and if so i would have to fill in a N244 form, but I'm just wondering how to fill it in as it's an amendment for the figures.

 

I've seen how to fill it in when the poc is lacking in information, but just not seen how to fill it in when your changing the amount, I want to be prepared as i know Cobbetts will see the mistake

 

It's part A.....intend to apply for an order ??

 

Because ...????

 

and does this have to be amended in RED? any help would be much appreciated:???:

Link to post
Share on other sites

  • 4 weeks later...

Hi

I've just recieved Notice of Allocation to the small claims Track(Hearing)

but im not to sure what to do next, this is the letter i've been sent

 

IT IS ORDERD THAT

 

The claimant has permission to amend the particulars of claim in accordance with the draft attached to the application

 

Following the grant of an application without hearing.

 

This order has been made without hearing an application by the claimant/Defendant, who must serve upon the defendant/claimant a copy of the application and any evidence filed in support within 7 days for service of the order.

 

Any party affected by the order may within 7 days of being served with the order apply to court to set aside or vary the order under CPR 23.10

 

DISTRICT JUDGE SIMPSON has considered the statements of case allocation questionnaires filed and allocated the claim to the small claims track.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

by 24 August 2007 the defendant must file and serve a comprehensive witness statement from a responsible employee with statement of truth explaining the Banks charging regime and exhibiting all relevent documents justifying it; and, if they are discretionary, the decision to apply the charges the subject of this claim to the claimant.

 

In default of compliance by the defendant the defence is struck out on 28 August 2007

 

Following making an order of courts own initiative

 

This order is made by the court of its own initiative. Any party affected by this order may apply pursuant to CPR 3.3(5)

To have it set aside, varied or stayed. Any such application should be made by application notice in accordance with CPR 23 and must be made not more than 7 days after the date on which this order is served.

 

sorry for writing the whole letter but there is just a few things im not sure about

 

1, Do i have to attend the hearing,

2, Do i have to let the court know either way, i don't even know what time the hearing is

3, Do i need to send the court anything before this hearing, cobbetts have the amendment i made at the time.

 

just a bit confused as to what to do next really

 

I would appreciate any advice please :confused::):confused::) is what im feeling at the moment

Link to post
Share on other sites

The claimant has permission to amend the particulars of claim in accordance with the draft attached to the application

 

Following the grant of an application without hearing.

 

You're being given the opportunity to ensure your claim is completely accurate by filing an amendment. What is the 'draft' that's mentioned? Is it your amended schedule of charges?

 

This order has been made without hearing an application by the claimant/Defendant, who must serve upon the defendant/claimant a copy of the application and any evidence filed in support within 7 days for service of the order.

 

Judge has looked at your claim and Cobbetts defence without calling an actual hearing. If you amend your claim, you need to serve the amendment to the court and Cobbets within 7 days.

 

Any party affected by the order may within 7 days of being served with the order apply to court to set aside or vary the order under CPR 23.10

 

This is highly likely at the moment as you know. It may be worthwhile requesting that a stay is not put on your claim when you submit the amendment - see http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html (template no. 2)

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Highly unlikely that Cobbetts will settle at the moment.

 

by 24 August 2007 the defendant must file and serve a comprehensive witness statement from a responsible employee with statement of truth explaining the Banks charging regime and exhibiting all relevent documents justifying it; and, if they are discretionary, the decision to apply the charges the subject of this claim to the claimant. In default of compliance by the defendant the defence is struck out on 28 August 2007

 

Following making an order of courts own initiative

 

They're not going to file anything - Cobbetts never do! The only thing they'll more than likely file is an application to have your claim stayed - hopefully the Judge will grant your request and tell them no.......... and then strike out their defence.

 

1, Do i have to attend the hearing,

2, Do i have to let the court know either way, i don't even know what time the hearing is

3, Do i need to send the court anything before this hearing, cobbetts have the amendment i made at the time.

 

Basically, the Judge is giving you the opportunity to amend your claim so it's completely accurate. I'd advise you to do so. See here for info on how to do this The "Claim Too vague" defence and guide to amending a claim and post back if there's any part that you need further advice on. You'll need to ensure that you send the court and Cobbetts the amendment asap. And phone the court on Monday morning to ask if there's a hearing - but reading what you've posted, it appears that the Judge isn't actually holding one!

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

Hi

 

I did the amendment on the 4 july as my particulars of claim did not have enough information, i first did my claim on MCOL when cobbetts put in the defence on the lack of particulars i amended them myself on 4 july and sent a copy to cobbetts, that is the only amendment i've made up to now, and this is the first letter i've had off the court since.

 

although i did make a mistake on the figures, the court told me to wait and see if cobbetts pick up on it, if not leave things as they are as it would have confused the judge. and cobbetts have not told me or court to amend it as yet.

 

so i think the amendment the court are referring to is the one i made in july and i did send cobbetts the amendment.

Link to post
Share on other sites

Has the court sent back a copy of the amendment that you made? You posted: The claimant has permission to amend the particulars of claim in accordance with the draft attached to the application. What is the draft that's attached?

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

OK - so it looks as though the court is asking you to file the amendment formally on form N244. Full details of how to do this are on the link I posted above http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html Given the court's directions - I'd advise you to formally amend the claim ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

Has the court sent back a copy of the amendment that you made? You posted: The claimant has permission to amend the particulars of claim in accordance with the draft attached to the application. What is the draft that's attached?

 

No, i took the amendment to court myself with a N244 and N1 form and was just told that the judge will look at it, and at the same time sent the same to cobbetts

 

Do you think there has been a bit of confusion somewhere, as the court never asked me to amend the poc, i did it off my own back as it DID lack particulars.

Link to post
Share on other sites

Does sound like a bit of a muddle to be honest! Sounds as though you need to give the court a ring first thing Monday morning for clarification - but be ready to serve the amendment if necessary............... again!

 

Where the stay's concerned, the problem at the moment is that Cobbetts will more than likely apply for a stay on your claim once they receive the court's orders. I'd be inclined to second-guess them and send the court the template in post 2 (worded so that it's clear you're making the request to prevent a stay being applied). It can't hurt! ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

Oh no there's no draft attached ?? sorry just twigged what you mean.

No it was just the letter i posted that arrived

 

Sorry - didn't see your last post!

 

I think your best bet is to do a formal amendment to your claim - just to be on the safe side ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

Sorry - my computer 'froze' for a while. Must have been the realisation that you're a City fan!!!! ;)

 

Do the N244 and N1 again - (copy the amendments you already have and use the thread I gave you above for guidance). Check with the court as I don't think you have to pay £35 to amend the claim if the directions to do so have come from the court. To request 'no stay' on your claim, copy and paste template 2 onto a word document - realign/complete with your own details and submit to the court for them to consider just in case cobbetts ask for the stay.

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

Yep, Im MAN CITY through and through:lol::lol:

 

God help me............. you must be as mad as my hubby then!!! ;):lol:

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

God help me............. you must be as mad as my hubby then!!! ;):lol:

 

Yeah, my hubby's cousin played for City in the late 60's/early 70's, so its a good job i was a blue when we met:lol:

Link to post
Share on other sites

Hi

 

I just need to know a couple of things about the amendments im taking to court on monday to sort this mess out.

as im using the amendments i sent them last time, do i keep the date as the 4th July (which i paid £35 for and must still have) ?

 

Or do i put todays date on the forms (N244+N1)

 

Also ive copied the objection of a "stay"

 

Do i need to fill in a form to go with this letter? as cobbetts havn't applied for a stay, im just getting in there first;-) or just hand it in with the amendments?

and do i need to send cobbetts a copy of the no "stay" letter?

 

and just one more thing, the Notice of Allocation to small claims letter says

 

This order has been made without hearing an application by the claimant/Defendant, who must serve upon the defendant/claimant a copy of the application and any evidence in support within 7 days for service of the order

 

Do i have to send cobbetts evidence? what would that be? i did send the amendmants on 4th July.

 

Hope you can help

Link to post
Share on other sites

as im using the amendments i sent them last time, do i keep the date as the 4th July (which i paid £35 for and must still have) ? Or do i put todays date on the forms (N244+N1)

 

I'd keep the same date - the Judge directed you to amend it "in accordance with the draft attached to the application".

 

Also ive copied the objection of a "stay" Do i need to fill in a form to go with this letter? as cobbetts havn't applied for a stay, im just getting in there first;-) or just hand it in with the amendments? and do i need to send cobbetts a copy of the no "stay" letter?

 

Hold fire with the letter - I need to check something first ;)

 

Do i have to send cobbetts evidence? what would that be? i did send the amendmants on 4th July.

 

From the link I gave you last night:

 

It will have to go before a judge to ok the amendment, and you could possibily get called for an application hearing which is nothing to worry about. It's already been before the judge and he's given you the opportunity to amend your claim (you've already paid anyway) and serve it on Cobbetts - so yes, you need to send the forms to Cobbetts again (formally this time).

 

The Court will then amend the details, re-seal the claim and return it to you and it is your responsibility to re-serve it on the Defendant. Ensure that you keep a copy of the sealed N1 for yourself too. Once you have served the claim you should send the Court a completed certificate of service, here

http://www.hmcourts-service.gov.uk/c.../n215_0106.pdf along with a copy of the N1 so the court knows when the bank need to respond. Given your directions, phone the court on Monday morning as I think you're being asked to serve it directly on Cobbetts as opposed to the above- you'll probably need to send the completed certificate of service (with amendments attached) to the court as well.

To be honest, I'm surprised (given the Judge's directions) that they haven't sent you copies of the original amendments (N244 + N1) to re-serve on Cobbetts.

Just to be on the safe side, check with the court on Monday morning to confirm the above.

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

Thanks so much for that hedgey06,

im just completely lost on this at the moment:(

 

I feel like packing it all in, but then i'd never know if i'll have won if i do that.

 

your help has been fantastic thank you so much:-)

Link to post
Share on other sites

im just completely lost on this at the moment:(

I feel like packing it all in, but then i'd never know if i'll have won if i do that.

 

My pleasure mate - you being a fellow Manc and all that!!

 

And you're not allowed to pack it in............... you're a City fan!!! You lot never give up in the face of adversity............ so my hubby says anyway!!! ;):lol:

 

I'll post back on the 'stay' letter as soon as I've got more info ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

Just to confirm - with regards to the 'stay' template, I've checked and there's no harm in trying to pre-empt Cobbetts by submitting this to the court seeing as you're doing the amendment anyway (just to the court for the Judge to consider - not Cobbetts!) ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...