Jump to content


  • Tweets

  • Posts

    • The Letter of Claim information is not absolutely essential, but it would be useful for two reasons. Firstly, judges take a dim view of companies or individuals who rush to court without giving the other party notice and a chance to settle - the Letter of Claim.  If they didn't send it we could include this point in your defence and it would be detrimental to them. Secondly, we know Countrywide.  They are a very small cowboy company.  The are reluctant to do court, simply becasue they are very bad  at it.  Their record of beating Caggers in front of a judge is exactly 0%.  They have lost every time.  They send the Letter of Claim also to look for people who don't reply, thinking that the person might not reply to a claim form either, giving them an easy default win.  Conclusion - always best to reply to a Letter of Claim and ridicule the PPC's case.
    • Any update here? I ask as we have someone in a similar situation.
    • Thanks!  I already sent the acknowledgement as i panicked and thought today was the last day to respond.  Then i remembered this wonderful forum.  I'll follow the steps in the sticky next.
    • It's possible.  I suffer from ADHD and also anxiety and depression currently and struggle with paperwork.  I'll have a search around to see if i can find anything.  If they did send something I haven't replied.  I thought there's no way that they will pursue this because I know for a fact i didn't park in a private space and the evidence they have sent is so ridiculous.  What impact does this other paperwork have?
    • The particulars of claim doesn’t mention statement of accounts.  Should I include that in the cpr letter?
  • 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
      • 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

CCA 1st Credit / Connaught **SET ASIDE WITH COSTS**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5609 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

  • Replies 120
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Link to post
Share on other sites

Link to post
Share on other sites

This has taken me from 4.30pm to do.

 

They are well going to get hit for costs. Plus a days pay, plus travel expenses and the big one stress!!!

Link to post
Share on other sites

Link to post
Share on other sites

I have dropped the SD in the Courts this morning.

 

****Edited******

 

HAK

Edited by Having_A_Knightmare
  • Haha 1
Link to post
Share on other sites

To be honest the person in the County Court was a little unfriendly and looked unintrested but she did glance at the SD so i assume it was OK.

Edited by Having_A_Knightmare
Link to post
Share on other sites

I have just read your thread, its interesting as I am going through the same procedure at the moment.

 

I could kick myself because some of what you have in yours would have been pertinent in my affidavit and all i've basically said is that my SD should be set aside as I've not yet rec CCA, that as the amount is probably made up of unlawful charges the amount is therefore in dispute.

 

Can I add those other things (mode of serving SD, no prior "recognised" contact from co re debt) on to my affadavit as an addendum or would that also need to be sworn in?

 

Is there scope during hearing to add these things?

 

Really worried now as my hearing is on 8th Sept and not sure of what the procedure is or if I have a strong enough case?

Advice given is my opinion only, I am not a legal or financial expert (far from it).

Link to post
Share on other sites

No. The SD is issued by the DCA. They dont generally put a Court on it as its up to you to say what your local Court will be. Of course a proper SD should be served in person anmd if not a full expplantaion of why this was not possible must be given in an affadavit to prove service. If it is not possible to serve it personally then it should be sent by 1st Class post. However as the DCAs generally send them out as a scare tactic they generally post them second class. There is of course no proof of delivery so it would be your word against theirs in a Court case

Link to post
Share on other sites

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...