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    • I don't think I've ever seen someone appeal a mags court decision on fare evasion, JK, but as you say in this case TiredDodo has pleaded guilty. It is possible to challenge, as below. HB Appeal a magistrates’ court decision: Overview - GOV.UK WWW.GOV.UK How to challenge a decision by a magistrates' court. Including how to get a fine reviewed, if you did not know about your case, how to appeal to the...  
    • Update! I have now opened the mail from Barclaycard. I am assuming that their letters were prompted by my confirmation to them of my change of address, which I had advised them of twice. They are treating my change of address notification as a "General Data Protection Regulation Right of Access Request"  and state that I have made a "Right of Access Request. They are asking me to provide valid indentity documents! I have made no such request and am minded to ignore their request for extra information? I should add that their letters were sent to my correct current address!
    • Are you allowed to appeal if you plead guilty?   I know you appeal the sentence, but the criminal record formed from your guilt would surely remain?   I'm not sure if your able to appeal a crimianl record if you plead guilty are you?
    • DX: I did not pursue Link after I got the CCJ amended to monthly payments. Pretty sure the CCJ does not mention reviews, I do have the CCJ somewhere, I will have to look it up in storage. It is as mentioned on the thread you referenced  in your post #28. The Barclays loan was taken out in September 2004 for 60 months! Current Balance remaining approx £2K. On checking back my past correspondence with Barclaycard about this loan, there was a history of them ignoring my letters and offers to pay, and I even had problems in obtaining their bank account details for them to accept my payments! I have received strange correspondence from them too, one referring to insurance which I did not have. They seem very disorganised! Barclaycard told me to pay "Masterloan" a while back and I now receive regular statements and arrears notices from "Personal Loans from Barclaycard" clearly marked Masterloan, they changed the account reference number! I have never requested a CCA on this account. I advised them of my change of address last September, but they are still sending, until today, statements etc. to my old address! I have received 2 letters from Barclaycard Loan today though, not opened them yet!!
    • Yes, a few months ago. They wrote back saying there was no CCA and the debt was unenforcable. I then started gtting bombarded with threatening emails from their 'litigations team' which have been sent to spam. I've now recieved the letter before claim with the PAP form enclosed, but still no CCA or even a letter from them to say the debt is deemed enforcable. Thank you.
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
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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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Hi,

Im hoping I can get some advice. I have been on maternity leave and am due to start work again next week. During this time I had fallen into arrears with my council tax, only £124, I recieved a notice from them last month and therefore emailed my council to explain that I would clear these arrears on my return to work and to take note that i had still been making regular payments to my council tax account. I also requested a statement of my payments.

 

I didnot hear back until today when I received a court summons for hte end of the month and the court charges are almost as much as the arrears I am in.

I am so angry that they did not even respond to my previous contact and the court date is while I am at work, I am not disputing the arrears and I will pay it when I can, however I do not think I should pay the charges as I will pay the arrears before the court date.

 

Do I have a case to not pay the charges and to complain about the fact they never bothered to respond to my previous email?

 

Sorry if I am ranting, I am so angry.

 

Thanks for any advice x

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worth a try

is this the first time you have defaULTED?

the charge is actually the 'going to court' for a liabilty order

so's you might not get it back. but again, worth a try.

 

are you sure they got your email?

 

thats why a letter of call is sometimes batter

atleast you know it got seen.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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As dx says. Councils are very unlikely to refund the court fee as that is how they make extra money.

 

You should have had a reminder and then a second reminder saying that if it is not paid within 14 days then they will apply for a liability order.

 

If you haven't received these reminders, then do a sar (£10) and you will get back everything including any letters you sent them as well as what they sent you. If there are no copies of the reminders, then demand they refund the court fee as they will not have followed the regulations on the collection of council tax.

 

I've said this in a lot of threads, but worth saying once more. In 2008, councils in England collected in excess of £200million in court fees alone for liability orders, so you can see it is a good moneymaker they wont want to give up. It is really a penalty as the actual cost of the liability order is £3 (three).

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Thanks very much for your advice, will definitly do a subject access request as I did not receive a letter 14 days before and I can understand why now, they would much rather make a profit by the liability order.

Surely this recognisably a ridiculously out of proportion profit for them, how can they be allowed to get away with it?

 

Thanks anyway, will let you know how I get on.

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