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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • spergen
      Friends LC Asset/Link Claimform - 2019 Barclaycard debt

      By spergen · Posted

      Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant as an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
    • honeybee13
      Friends LC Asset/Link Claimform - 2019 Barclaycard debt

      By honeybee13 · Posted

      Thread reopened. HB
    • abjb
      Backing out of mutual house swap

      By abjb · Posted

      I am heading over to hers tomorrow so I will find out.  Will there be something written in the agreement or does it depend on the agreement its self ? Just so I know what to look for, so I can provide as much information as possible on here. 
    • Ethel Street
      Backing out of mutual house swap

      By Ethel Street · Posted

      The answer to this is going to depend on what the agreement your friend signed says. Or contact the housing provider and ask them.  
    • abjb
      247 Money - refused payment holiday & payment plan

      By abjb · Posted

      Thank you all for the responses, to answers a few questions  - she has had the car since Jan 23 on a 5 year term.  - She is unsure what the agreement is called, but at the end she has the option to make a payment to "buy" the car - she recieves benefits for her young children alongside the ssp (normally she would be on NLW for a 16 hr a week job)  - Yes she would like to keep the car  She has not responded to the last email from them asking her to call and it'll be followed up in an email. I told her to hold off until atleast Wednesday so I can read a few posts on here and get some more information.  I will ensure she follows up with a letter, that has not been signed but instead her name written.   Thank you  

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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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.

      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

walton v rbos

paulwlton

By paulwlton
in General Debt Issues

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paulwlton

paulwlton

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Quick update, a further schedule of costs has just arrived regarding Thursdays hearing £1,638,20. It basically says if it does go to the full hearing further costs will be incurred by the claimant.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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mcuth

mcuth

Posted
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Quick update, a further schedule of costs has just arrived regarding Thursdays hearing £1,638,20. It basically says if it does go to the full hearing further costs will be incurred by the claimant.

 

Appears that that's another intimidatory tactic then - even if you're on Fast-Track, I believe costs are limited to £750 and that's only if the judge makes a costs order against you!

 

Cheers

 

Michael

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paulwlton

paulwlton

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I agree this could be seen as intimidation. I may make the judge aware of this Thursday.

 

 

The costs estimated above do not exceed the costs which the claimant is liable to pay in respect of the work which this estimate covers. The claimants solicitors reserve the right to apply to the court to vary the amount of anticipated costs claimed.

 

The amount calculated is for this schedule of costs only and is without prejudice to the claimants solicitors right to claim further costs and disbusements properly incurred should this matter proceed to a full detailed assessment.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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JonCris

JonCris

Posted
Posted

It's meant to put you off & the judge will see through it. In fact the judge might just admonish them for trying this tactic................PS now we know why they issued against you after you claimed.........By making you the defendant they get to run the game.......or so they think

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paulwlton

paulwlton

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I'm not sure on this, a counterclaim is considered as a claim and i beleive the fixed costs of preparing the counterclaim can be recovered, if this is the case the claimant is warned of the amount claimed in advance of the hearing.

I think costs are reserved for each application hearing and should only be forwarded on appeal.

 

I think it's a wind up tactic.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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mcuth

mcuth

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I'm not sure on this one, is it a counterclaim or an application to strike out Cobbetts have made, if it's a counterclaim this is considered as a claim and i beleive the fixed costs of preparing the counterclaim can be recovered, if this is the case. The claimant should be warned of the amount claimed in advance of the hearing.

 

This is getting confusing.

 

Not sure what you're on about here Paul - in this thread I don't see any evidence of them making a counterclaim against you? :confused:

 

Their continued sending of cost schedules is clearly meant as an intimidatory tactic, since it doesn't even appear that your case has been allocated to a track yet (at least, I can't see that from your thread)!

 

Cheers

 

Michael

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livelylad

livelylad

Posted
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Not sure what you're on about here Paul - in this thread I don't see any evidence of them making a counterclaim against you? :confused:

 

Their continued sending of cost schedules is clearly meant as an intimidatory tactic, since it doesn't even appear that your case has been allocated to a track yet (at least, I can't see that from your thread)!

 

Cheers

 

Michael

 

Agreed they are obviously unsure about their case so they are trying to scare you.

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paulwlton

paulwlton

Posted
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Not sure what you're on about here Paul - in this thread I don't see any evidence of them making a counterclaim against you? :confused:

 

Their continued sending of cost schedules is clearly meant as an intimidatory tactic, since it doesn't even appear that your case has been allocated to a track yet (at least, I can't see that from your thread)!

 

Cheers

 

Michael

 

Sorry Michael what i'm saying is the defence should only be sending a schedule of costs if it's a counterclaim, the claim was allocated to small claims on the 17th October with a hearing date on the ist Dec, i've stated this in an earlier post.

What are they playing at.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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mcuth

mcuth

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Sorry Michael what i'm saying is the defence should only be sending a schedule of costs if it's a counterclaim,

 

Ah, right - ok then, but if it's in small claims, they'd only be able to claim the court fee and maybe some small amount of preparation fees - not the amounts they've set out.

 

the claim was allocated to small claims on the 17th October with a hearing date on the ist Dec, i've stated this in an earlier post.
You know, I still can't see the allocation bit - I see Cobbett's attempt to strike out at the beginning of Oct (your posts of 19th Oct), but not the allocation. The hearing 1st Dec I saw - but there's an update on 7th Nov with hearing details, and states a further hearing set for 14th Dec - but no details of 1st or 14th Dec hearings, which confused me too - and now you're at a hearing tomorrow (is this directions again, or a full hearing?)!

 

What are they playing at.
I don't think they know either :D

 

Good luck for tomorrow - hope it goes well, let us know what the hearing's for, and how it goes..

 

Cheers

 

Michael

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paulwlton

paulwlton

Posted
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Michael the reason the defence keep a schedule of costs is if the bank wins on appeal then i am liable for the costs but to send a costs schedule to a litigant in person just before the hearing i think is out of order.

 

The hearing is an application to strike out, the defence are using sec 5.

 

Thanks will post later.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Guest willowb

Guest willowb

Posted
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Hi Paul,

 

I've just read your thread and am totally gutted for you hun. I hope you are ok.

 

Is there a way to appeal?

 

In Paul's words....

I know though if a claim is sruck out it may be reinstated, with an application for relief.

 

Wxxx

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mcuth

mcuth

Posted
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Bad news i'm afraid the judge has struck the claim out.

 

I'll post details later or tomorrow.

 

Uh-oh, that's not good news - will await your update with what happened :(

 

Cheers

 

Michael

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bill-k

bill-k

Posted
Posted

Paul - I've been following this (lurking), and that is a real gut-wrencher, mate, considering your work here. Take some time to get your brain and your guts back together. Then come back here and get a well-deserved fix of pos. attitude. In words of one cylinder, that's lurve, mate.

 

If you can take this back to the shop as faulty, these guys will know how to do it. If we can see what happened, here, then we'll be better equipped for next time. And maybe in return, Karma will be restored, and you'll get an appeal that came around and kicked 'em !!

 

Much Respect.

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Glenn UK

Glenn UK

Posted
Posted

Bad luck Paul

 

Anything you need give us a shout.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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paulwlton

paulwlton

Posted
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Ten minutes before the hearing an 8 page skeleton argument aswell as cases the defendant was relying on was placed onto my lap, i made the solicitor aware that i wasn't happy because this looked very much like an ammended defence, and why hadn't this been sent to me before the 18th December on the courts directions.

 

The hearing lasted nearly two hours and at times my arguments did get the judge thinking, a major problem i had was the unlawfull charges in the ccj the judge was not interested at all, he also dismissed my claim that the debt could not be time barred by one party whilst enforced by another it was realy hard work trying to convince the judge that my cause of action was April 2006 he seemed to think that if i had contacted a solicitor at the time the charges were being levied then it whould some how been sorted.

 

Moving on to the mistake argument the judge dismissed my claim that the bank was mistaken and the claim that i was mistaken was also dismissed with the judge saying the fact is you've allways been mistaken nothings changed, i think i know what the means.

 

So onto concealment my argument was that the banks failure to reveal constituted concealment the defence hit back and refered to a case where not disclosing information wasn't deemed concealment.

 

I made the judge aware that the documents the defence had subbmited should have been forwarded to me and that i wasn't happy, i don't think the judge wanted another adjournment.

 

I think i put sound arguments to the court but it wasn't to be, then came the costs the solicitor made a claim that i'de acted unreasonably and therefore should incurr the costs, the judge asked for my response and i quoted a couple of paragraphs from Praticia Pearls book on small claims, the judge ordered no costs to apply so the RBS have a bill of £2,500 to pay. At least that put a smile on my face.

 

Paul.

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An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Guest willowb

Guest willowb

Posted
Posted
so the RBS have a bill of £2,500 to pay. At least that put a smile on my face.

 

Paul.

Good!;)

 

So, do you think you'll appeal? I know that you must be feeling a little 'raw' but do you have any plans?

 

Wxxx

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