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Showing content with the highest reputation on 29/07/10 in all areas

  1. I have become obsessed with checking my till receipts and each year I get returned approx. £50 of my own money just by checking the till receipt. Favourite shop mistakes are: 1) Buy one get one free - you actually get charged for both as the computer is not updated 2) Discounted items - scanner still reads original price instead of reduced price so you are not getting the bargain you think. 3) Bar code is wrongly coded. I bought some tinned spray cream (around £1) but on checking the receipt it came up as toys (YES!!!) and I got charged £4 for it. 4) Price on shelf is completely different to what is on till receipt. Recently purchased sun cream for £4.50 but on receipt it came up as £7. Staff had put wrong lables on shelf. 5) Half price offers: Actually you still get charged the full price at the till. The bigger the shop you are doing the better it is to try and keep a mental account of what you are spending. When it seems much more at the till start checking the receipt throughly. What is that item, was it on offer, how much you been charged. It applies to anything you buy and now I have friends doing it as well they are all getting money back each year and cant believe how they just used to pay up and never check. Simple motto is CHECK, CHECK, CHECK on everything, everywhere. Food, clothing and DIY seem big places for "mistakes" to be made in any shop. Hope it helps someone.
  2. I have recently filed a dispute with paypal as I paid for something which I did not get, then have 'investigated' but not found in my favour as the item was "intangible"???? WTF......... I paid for someones contact details, but never got them, what next?
  3. If that is the case, you should include within your letter that, you are familiar with the; MALG Guidelines on Good Practice.
  4. What you are talking about is 'adverse posession' but it is a long winded affair as it takes (I believe) 10 years and you have to enclose it within your own boundary and await complaints. (If any). By far the best way is to what many others do, and put in a Planning Application. Specify the ground, its location and your wish to enclose it within your own property. If a strip, and there's no objection - once permission is granted - your purpose will be to bring it within your curtilage, enclose and maintain the X sq m of common ground as part of your garden. Pay the fee, and if you hear no more - do it.
  5. Have you sent in a CPR 31.14 request for disclosure of the documents that the claimant intends to rely on yet? Embarrassed defences do not work C2K! The Default Notice is invalid, generated on the 8th, received on the 12th, remedy date is stated as before the 25th. 12th plus 14 days = 26th, however, before 25th = remedy date 24th, conclusion, 2 days short and I have not checked the working (business) days/dates available between those above-mentioned dates. N244 Application notice to the Court requesting and order to strike out claim based on invalid Default Notice - fundamental breach of contract by the creditor, you are not legally responsible for the amount claimed, you are only liable for any arrears that were due before the said breach of contract, you have accepted recission of the contract as the remedy for the non-breaching party and you are entitled to treat your obligations under the agreement as discharged. File and serve the Application notice to Court along with the above and a copy of the Default Notice £75.00 fee and also copy your opponent or his Solicitors in on the indisputable facts, check mate. How much do the arrears amount to? Kind Regards The Mould
  6. Try and pay the council rather than Jacobs you will have bailiff fees £42.50 in total keep them out of your house don't leave anything in your garden that can be levied (garden furniture,lawn mower etc if you have a garage,garden shed,greenhouse keep them locked keep you door locked at all times don't open the door to them stick to that and don't let them levy and you will be OK
  7. Yes, it does look like the old era of if you were not correctly robed ( ie gown & wig) you could not address (speak) the court. It seems you were allowed to say something but the judge decided not to hear what you said. As to an appeal, I beleive it should be heard in the same court area, usually by a circuit judge. It may be a good idea to instruct a solicitor to represent you in front of the judge but high street solicitors tend not to specialise in consumer credit law. Like the one acting for the claimant, they will go on about Carey v HSBC but very few local solicitors will have taken the time to read the judgment, let alone understand it. They may also talk of silly amounts for YOUR costs and then try to frighten you by the anticipated size of the claimant's costs. An alternative is to instruct your own barister using the Bar's Direct or Public Access scheme. Details are at Public Access but remember you will be acting as your own solicitor and you will have to prepare all the court documents yourself. You will also have pay the barister's fee, usually up front, of between £200- £300 per hour. It may sound a lot but the barister is a specialist who gets to the point quickly whereas a solicitor has to take time to know you and your case A solicitor may only charge £100 - £125 per hour but if he is going to take days instead of hours to prepare a case, you can see which option could be cheaper.
  8. yes this is the one ..very informative that is unless the thread has been redacted ...as vj has had a serious fall out with the mods ..dont ask ? patrickq1
  9. You must contact welcome and find when they sold the debt and to who, if the date on NoA is incorrect it makes the NoA ineffective, there is more but will keep under my hat for now;)
  10. I think the important thing here is to remember that no-one can possibly know how another person feels. Although circumstances may be shared, each individual's experience will be unique, and their emotions, perceptions and reactions will differ. ...except when it's manslaughter, which may apply in a case like this where there may be diminished responsibility due to abnormality of mind or impaired mental function. In the past people didn't understand mental health, and consequently, for example, people were burnt as witches. At the other end of the scale, some mentally ill people were beatified - Bernadette of Lourdes, for example, had clear mental health symptoms. We've moved on, and must take account of physiological and pathological conditions, and of human frailty, or we run the risk of our justice system regressing.
  11. Hi Whatamess, Well done on starting a new thread and separating your different loans. This will make things much easier to follow and advise you on. I have all the figures and information needed on your Firstplus loan and will do the calculations for you this afternoon. DJ
  12. Perhaps he's had a useful lesson? Halifax are correct - the responsibility lies with the cardholder, he legitimately made the purchase on an overseas website, so the Gambling Commission have no interest in non UK outfits - other than perhaps noting the issue for their annual report. It was his money to spend (or waste) so egged-on or not, the purchase decision was his. Credit Cards are restricted to 18 and over for this very reason. As it is not illegal for anyone over 10 to have a card, the expectation is that their guardians will 'keep an eye', failing this, not permit them to use a debit card (perhaps opting for a pre-pay debit card instead).
  13. I've heard on the grapevine that ATOSh are going to give their "slant" in defence of the WCA tomorrow in the Guardian - "Comment is Free" section. There's also an interesting piece today condemming these sham medicals: Draconian incapacity benefit tests are failing the sick | Melissa Viney | Comment is free | guardian.co.uk Sorry I've been out of touch for a week but I've been unwell again with depression and booze trouble. Best wishes, LR.
  14. Selena, when you receive your allocation questionarre (AQ), a Draft Order for Directions request, must be included within the AQ. We will assist you with this. I mentioned this in post 57. Link Financial, do love their attempts at running rings around LIP's...
  15. Re charges and ppi, what you would need to do is to work out what they are worth - total interest on them. To help you to do this I have attached a bank charges calculator. What you do is put in the reason for each charge under "In respect of"; the amount under "amount" (told you this was easy); and the date the charge was made - you will see this on the statement - under days since offence. The sheet will calculate the total charges AND the total interest for you. Easy peasy. be able to show that they should not have been charged. In the case of PPI that you did cancel, and re the charges put them on notice that you dont consider them to be commensurate with costs that were imposed on then by whatever (going over limit, late payment etc) Re the SAR and getting a defence together, what you want to do is go along to the court (Sheriff Clerk's office) and explain the situation (they should do this - explain you are defending yourself and you just want a bit of advice on procedure) - that you need the other side to fess up re documents and have put in a SAR, but you have no confidence that they will supply them on time, but you need them to create a defence. I think they will say you will need to put in an Incidental Application asking for a delay, and this will need to be served to the Court and the other side's solicitors. They might seek to resist this, but we can worry about that if it happens. we can work on a defence once the SAR arrives, because the defence is going to depend on what is in there. With luck it will have nothing with your sig on it. In that case the defence is easy - they are in total breach of s61, and s127 (3) prevents a court issuing any kind of enforcement order. We might also think about having the claim declared incompetent as it should aver there is an executed agreement and it looks as if there isnt. If the SAR turns up anything more - we worry about that then work out how much they have lumped in for charges (unlawful) and PPI (which you have cancelled) and how much they have charged in interest. This is a sort of belt and braces thing - if they were successful then at least it minimises how much the court will order should be paid. remember that the court will not require you to pay more than you can afford - this might even be £1 per week. Re-sending? I wouldnt bother. What you have done is as much as can reasonably be expected imo. bankcharges.xls
  16. Just read from post 38 again. My earlier posts stand. It doesn't matter whether the claimant applied for judgment to be entered in default or if court made a mistake, CPR13.2 is clear. I think you need to decide whether you want to take action to get the irregular default judgment removed or whether you just accept it and keep making agreed payments against the judgment secured by the charging order. Only you can make such a decision. R
  17. No, the DSS won't help because ultimately he was responsible for the rent - although the LA may have paid it. Though if he was due housing benefit up until that period then they can make a payment. (It's the council you need to contact in regard to housing benefit) Your mum should write a letter advising them that the estate was so little that it did not even cover the funeral expenses, therefore she is unable to assist them. When someone dies, leaving any outstanding bills, rent, other debt etc, there is a strict order of priority in which the debts must be paid. The first to be paid are the funeral and testamentary expenses, followed by mortgage or other property secured loan, then HMRC debts, then DWP debts, then any unpaid pension contributions/wages. If after paying some or all of the debts in that order, there is no money left, the debt(s) cannot be pursued any other way.
  18. It might be one of those situations where you get to know who your friends are and... who's more interested in crawling up the ass of the management instead; by dobbing you in, so to speak. F/book is not entirely private.... and anything put on there in writing could put you on dodgy ground. They still have to prove it though.... so until/unless they do, I'd get on with your life as best you can but be very careful who you talk to in future; on or off F/book.
  19. If you do want to submit a defence then I would base it around the following. 1. Admit having an account which would have been regulated by the CCA 1974 2. Admit applying for it 3. Deny that there ever was an agreement compliant with the terms of the Act 4. Deny a compliant DN was served 5. Therefore the claimant has no cause of action in this case and the claim should be struck out. very simple and clearly answering the POC
  20. Have you taken a screen shot of his auction page as a reference to his description of the goods?
  21. You can copy and paste the appeal below and add any further points where you feel appropriate. Dear Sirs Prior to the removal of my vehicle a CEO served a regulation 9 PCN. Once a regulation 9 PCN is served then the law gives the recipient the statutory right to submit an informal appeal that must be considered and a statutory 28 day period in which to pay the penalty charge should they not want to appeal informally or formally. When I collected my vehicle, the Council insisted the penalty charge be paid immediately. I do not consider that the regulation 9 penalty charge was “payable” at the time I paid it, since I wanted to informally appeal with the possibility, should my informal appeal fail, of paying it later at the re-offered discounted rate or proceeding to adjudication. Section 101A of the RTRA 1984 requires “any penalty charge payable” to be paid on recovery of a vehicle. If a person has no intention of appealing then a regulation 9 PCN is not immediately “payable” but can be paid at any time no later than 28 days from the date of service. This is a statutory provision. However, where a person does wish to appeal, then a regulation 9 PCN only becomes “payable” by virtue of regulation 4 of “the Civil Enforcement of Parking Contraventions (England) General Regulations 2007” once all appeal stages have been exhausted and an adjudicator has dismissed the appeal having found as fact that the contravention was “committed”. For clarity, below is what regulation 4 advises; 4. Subject to the provisions of these Regulations a penalty charge is payable with respect to a vehicle where there has been committed in relation to that vehicle— (a)a parking contravention within paragraph 2 of Schedule 7 to the 2004 Act (contraventions relating to parking places in Greater London); (b)a parking contravention within paragraph 3 of that Schedule (other parking contraventions in Greater London) in a civil enforcement area in Greater London; or © a parking contravention within paragraph 4 of that Schedule (parking contraventions outside Greater London) in a civil enforcement area outside Greater London. One of the "subject provisions" is that a person is given a statutory 28 day period to either pay the PCN or appeal. The law requires one or the other not both. This principle is commonly emphasised on many council PCN’s that warn the recipient that they must not pay the PCN if they want to challenge it. In other words the PCN is not considered “payable” if you intend to appeal; this is similar to being assumed innocent until proven guilty. Regulation 4 further advises that the penalty charge is "payable......... where there has been committed" a parking contravention. The PCN however only states an allegation of a parking contravention. If a person pays the penalty charge without coercion then this is accepted as admitting that the contravention was "committed" but if a person does not think the allegation is correct then they can appeal until ultimately an adjudicator finds as fact that the contravention was or was not "committed". Therefore I believe the Council acted ultra vires in demanding payment of the regulation 9 PCN immediately on recovery of my vehicle, contrary to what statute provides and contrary to what the PCN advised were my rights. In addition, I was given no opportunity to submit an informal appeal. Being able to submit an informal appeal following receipt of a regulation 9 PCN is also one of the “subject provisions” and therefore a statutory right. The PCN confirms this right and the Secretary of State’s statutory guidance does under paragraph 83 make it clear that the loss of the right to an informal appeal is only applicable to regulation 10 PCN’s. I was served with a regulation 9 PCN. 83. The vehicle owner may dispute the issuing of a PCN at three stages: · Owners may make so-called ‘informal challenges’ or ‘informal representations’ against the PCN before the authority has served an NtO (this does not apply when the PCN is issued by post as the PCN then acts as the NtO). Although I was given information on how to appeal this was only in regard to a formal appeal. There was nothing given to me that advised that any right to an informal appeal as advised by the PCN was lost or had been revoked. At the pound, I was given both the PCN and formal appeal documents and these items gave conflicting information as to what my legal rights were. This was and is confusing and prejudicial. It should also be noted that where a regulation 9 PCN is served then statute provides that any formal appeal against the PCN (not the removal costs) should be in response to receiving a Notice to Owner. The formal appeal document given to me was not a Notice to Owner but simply appeared to be a document served by virtue of regulation 11 of “the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007” informing me that I could make representations against removal (not the PCN). This gave me differing and more restrictive grounds for appeal than a Notice to Owner. Although my vehicle was removed it seems irregular and unjust to give me differing and more restrictive grounds for appeal than any other situation where a regulation 9 PCN is served. I believe such unfair restrictions and limitations to be contrary to the general principles of law. The Traffic Management Act 2004 and its associated regulations as well as the RTRA 1984 do not stipulate that the statutory rights, provisions and procedures relating to the service of a regulation 9 PCN are revoked and void where that vehicle is later removed by virtue of s.99 RTRA 1984. Therefore I believe the Council has acted ultra vires and is guilty of procedural improprieties. In addition “The Removal and Disposal of Vehicles Regulations 1986” (S.I. 1986/183) do not prescribe the method of removal used in regard to my vehicle. With the commencement of the Traffic Management Act 2004 and the introduction of Civil Enforcement Officers, S.I. 1986/183 was amended by “The Removal and Disposal of Vehicles (Amendment)(England) Regulations 2007” (S.I. 2007/3484) to include new regulation 5C. However, regulation 6 of S.I. 1986/183 has not been amended to take into consideration the newly inserted 5C regulation. As such there is no prescribed method of removal for vehicles that are removed by arrangement of a Civil Enforcement Officer. Without the methods of removal available to Civil Enforcement Officers being prescribed it cannot be certain that the method used was lawful and therefore the Council needs to establish that the method of removal was lawful. Under the provisions of the Traffic Management Act 2004 I am entitled to a submit an appeal that you have a duty to consider and to which you have a duty, should you reject my appeal, to provide me with clear and full reasons in reply to my points of appeal. This duty is set down in the Secretary of State’s Statutory Guidance and the Traffic Management Act 2004 under section 87 clearly advises that local authorities must have regard to this statutory guidance. Therefore should you fail to reply specifically to each point and substantiate any reason for rejection then I will bring this failure to the attention of the adjudicator. Yours with love, hugs and kisses.
  22. Hi Hammy, I would write to BC and ask why they have sold the a/c to Lowells whilst it is in clear dispute regarding their failure to respond to your SAR. Tell them they have 7 days to respond with your data or you'll file a claim at court to seek disclosure. Tell them you will also lodge formal complaints with the ICO and the FOS. If Lowells contact you further, send them a copy of the letter to BC and tell them to back off or you'll formally complain about them to the FOS too. Any joy on the PPI front.
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