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Showing content with the highest reputation on 19/02/11 in all areas

  1. 1 point
    I apologise to the site team in advance for splitting off from my main thread in DCA successes as I feel more people will get to see my current situation with the same solicitors involving the same case that I previously won.and it is my hope that this may help others on this journey.Please feel free to delete or advise Ok to cut a long story short Restons applied for a Summary Judgement against me for an alledged debt in November 2009 with the help of the fantastic people here they picked apart the Default Notice issued to me after I made a Subject Access Request. The DN was invalid as it did not allow the 14 days service to remedy the breach. Restons receive a copy of my defence and immediatly vacate the hearing I then pursue them for expenses, after much negotiation (well actually 3 emails) they settle on £400....JOB DONE or so you would think:roll: I started getting stroppy letter from their client HFC Bank again in October 2010...Surely these idiots can't want another bite of the cherry lol Bearing in mind this alledged debt is for £1100...Rightio then. In December Restons join in with a re-issued Default Notice (God these people want me bad) Oh it's in the prescribed terms and alla that. Then Yesterday more crud from Restons and an attached General form of Judgement or Order.. In my local county court it is ordered that leave to issue proceedings against the defendant not withstanding that a previous claim citing a same course of action had been previously issued. A year ago I would have been a nervous wreck getting this...Am I bothered?? am I heck, and this is why. 1. A defective default notice is a defective default notice as someone on here has said they may have well have sent a piece of toilet paper they both have the same uses. An Invalid DN CANNOT be remedied by issuing a second default notice in it's prescribed form post termination of the agreement. 2.They unlawfully terminated my account on the back of this defective DN. How can I be so sure you ask? Because Restons say so in their witness statement that they sent to the court. Of which I still have a copy. They never seen fit to send me a termination notice at any stage including SAR. 3.Restons do not have a right of action nor can they ever have a right of action having terminated the agreement unlawfully. Restons flaunt the law and statute at every opportunity if you let them. Do not be afraid of these idiots. They have given me all the ammo I need to file a counter claim for damages I am writing to Restons on Monday to tell them this and more. I love you all on CAG You have no idea how invaluable you have all been during my time of crisis. Oh and even when you think it's over NEVER throw any of the paperwork you have away..You never know when you could need it again I shall be back to update you all with my letter Restons and the reply..If not see them in court Any input is most gratefully received. Nana x
  2. 1 point
    I think the bottom line is, if you entered and stopped in a yellow box when your exit wasn't clear, and I'm assuming you weren't turning right, and the Council applicable have provided pictures to prove then you're stuck with it.. You aren't really giving us much to look at though!! If you scanned and uploaded the Charge Notice minus any personal information, and gave us a clue as to the exact location so we could at least look on Google Maps/Earth/Street View.....? Maybe then, one of the regulars would advise.. Regards, best wishes, Dave..
  3. 1 point
    I don't know whereabouts you live, but if you're anywhere near stoke-on-trent there's a factory shop where they sell tiles and anything else you'll need like adhesive and grout etc. They have quite a good selection of floor and wall tiles, my mum had her kitchen and bathroom tiles from there and there was plenty to chose from, & very cheap.
  4. 1 point
    hi Woodchester judgement Held: Allowing the appeal, that the Consumer Credit Act 1974, s 88, required the owner to specify not only the nature of the breach but the action required to remedy it. It was part of a statute plainly enacted to protect consumers. Since many regulated agreements would be complex, most hirers would be individuals, and the owner would be in a far better position to provide precise information about that remedial action, the section should be construed as requiring an accurate statement not only of the nature of the breach but of the action required to remedy it (subject, it might be, to a de minimis dispensation). Accordingly, the default notice did not satisfy s 88 and was not effective Nope nothing about repudiation i can see. The OP does not have a busines contract she has a commertial credit agrement she has liabilities uner the contract, thes either have to be repaid or the agrent has to be rendered unenforceanle in which case she cannot be persued through the court for repayment. Therre is no way in law that the debt can be expunged it would violate the creditors fundemental rights When you talk about case law cancelling obligations uner the agrement you are refering to just that obligations, "anything that an individual is required to do because of a promise, vow, oath, contract, or law. It refers to a legal or moral duty that an individual can be forced to perform or penalized for neglecting to perform." This would be to supply goods or services under a contract it does not mean that existing liabilities under the contract dissapear. Peter
  5. 1 point
    Hmmm. I am sorry, but I feel that I have to say this. I am extremely concerned about the direction this thread is taking. ITbloke, you are probably a very nice person, and very sincere, but I have to point out that nobody here in anonymous cyberspace knows that! You are offering to help somebody "in your professional capacity" - this is soliciting business which is against CAG rules. You are also, on the face of it, encouraging a vulnerable 20 year old to contact you with personal details so that you can help them. This is, whilst an exceedingly generous and kindly offer, also potentailly a very worrying one. We do not know who you are - very few people on here actually really know anyone else on here - and I am afraid that the internet is not just used by genuine and honest people; it is also used by some very nasty people who would love to get their grips into a vulnerable 20 year old who has no family support, and appears to be somewhat naive about the world. I do not wish to offend anyone here, or to question their motives, but I do have to point out that everyone needs to be vigilant about their safety on the internet, and handing out personal details or making personal contact with someone should only be undertaken after very carefully checking out the other person, establishing that they are who they say they are, and what they say they are, and even then, making absolutely certain that someone knows what you are doing and who with. I am sorry if this offends anyone because it is not my intention. But I would rather offend than allow someone to take risks with their safety.
  6. 1 point
    CRB checks... dont go there. I was interviewed in early November for my current nursing post. Because I had to move to a different county, I had to hand in my notice for my last job in early December, feeling I needed a good few weeks to find a place to live, organising removal costs etc (I do not drive). I also felt confident that I would begin my new job in the new NHS trust by early January, as in the letter confirming I was successful in the interview it stated 'Your first day of work will be on the first Monday of the month following successful receipt of all necessary documents'. "Ah," I thought. "It's a cinch." And promptly left Wales for Wiltshire. I ended up starting in February, simply because of the delay with the pointless CRB check. I say pointless as all it proves is that once upon a time, you were *caught* for doing something wrong, unlike thousands upon thousands of people in jobs that need a CRB check who *have* committed a crime but got away with it. Luckily, all those times I stole as a teenager, I was never caught. And of course, the CRB check doesn't prove you are *capable* of doing that at a later date either. I have witnessed colleagues through my working life, stealing items from work and never getting caught. Future CRB checks will disclose nothing on them of course. They will probably go on to commit crimes too. So, it just proves you were caught, thats all. It gives no indication as to your morale standing, your merits as a citizen or anything like that. Just a pointless piece of paper. There. Rant over. Thank you.
  7. 1 point
    Not at all. If the HCEO attends (and he will on more than one occasion) but finds: a - he can't gain access b - there are no/insufficient goods he can seize - a Nullo Bono return c - the debtor has scarpered He may return the Writ and ask for an Abortive Fee. Believe me this is not done lightly and does not happen often, but it is only fair you are aware of what may happen. I would suspect for a car trader with stock on the forecourt it will be like bees to the honeypot. If they cannot instantly produce documentation to back up any differing claims to ownership or otherwise pay the amount asked for in cash then I suspect they will remove immediately. Even if the Writ is returned as an Abortive then that is not the end of the matter as the Writ remains "live" for 12 months and even then can be renewed upon request. Another note of caution for you - sometimes the debtor comes back to this forums for advice on how to deal with his situation and of course that is freely given. The question you will next ask is "is it worth it"? In my opinion yes, you give the HCEO as much detail as you can - names (personal & businesses), addresses (personal & businesses) - in biref anything you know let them know - you will be surprised what a decent HCEO can come up with. Next question is "which HCEO Company"? You pays your money & takes your chance - research names through Google but if you have a look at some threads on here you will find that biggest is not always best. Please note I have nothing to do with any of these Companies and am far removed from the Enforcement Industry - I just happened to be on the receiving end once and learned an awful lot at the time and afterwards. PT
  8. 1 point
    You will just have to sit it out now. Once you start down this road, it is a game of chicken, and you must not be the first one to blink. Fill in the time drafting an ET1 (available on line) as you need to get it in fairly sharpish!
  9. 0 points
    Hmmmmm, mouse infested food pallets. Sounds distinctly dodgy to me. There may be a 'lever' here if people start being difficult.
  10. 0 points
    Hi Ny Have you looked at some of the building societies.
  11. 0 points
    I realise that those who do not work with it every day might find it complicated, but it really is not. It is a very straightforward set of rules and to those of us who do work with prosecution of these matters daily, it might sometimes seem hard to understand others difficulty. I'll try to keep it short. The first thing to bear in mind is that revenue staff have to apply a set of rules by which they will make their judgement about which action to take and the first consideration will be, what should the traveller have and what should they have done before being starting their journey. It is always the responsibility of every traveller to pay their fare and obtain a valid ticket for their whole intended journey before getting on to any train if facilities are available to do so. The Narional Rail Conditions of Carriage make clear that it is up to the traveller to make time to get a ticket and arriving late or not wanting to queue will not be accepted as valid excuses. Where queues are very long the standards referred to in the customer charter documents will be taken into consideration, but these are not binding regulations. If a traveller genuinely could not get a ticket, it is the traveller's responsibility to seek out and approach staff to pay the fare, not for the company staff to seek out and offer to sell a ticket. BYELAW OFFENCES (Tickets) If a traveller could have got a ticket, but did not do so and has not been given authority to board a train without a valid ticket, or fails to produce a valid ticket on demand, that person could be reported for an allegation of an offence which might result in prosecution in an Magistrates Court. There are other Byelaw offences relating to tickets, but for the sake of keeping this brief, I'll leave them for the time being. PENALTY FARES A Penalty Fare Notice is one of a number of tools designed to assist in deterring ticketless travel and controlling revenue loss by the passenger rail operators. It was a legislation introduced by British Rail Network SouthEast and the Department for Transport in the 1980s and has been refined a few times since. Penalty Fares are a civil remedy that may be used in some circumstances, BUT cannot be applied everywhere. The references to penalty in the Railways Act mean that if you are issued a Penalty Notice, it is an opportunity to pay an administrative penalty to avoid more serious action. The payment of a Penalty Fare if given an opportunity to do so negates the possibility of any allegation of an offence in relation to not having a valid ticket for the journey concerned. Very briefly, a Penalty Fare Notice can only be issued by a specifically Authorised Person and will consist of a numbered printed notice, handed to the traveller informing them that they have 21 days in which to pay the penalty, to submit an appeal in writing. A Penalty Fare Notice can only be issued on those railways where an authorised scheme to allow a penalty to be charged is permitted by the Department for Transport. Not all Rail Companies are permitted to issue Penalty Fares and those companies that are authorised, may not be able to issue them on all routes. If there is no authorised DfT Penalty Fare Scheme in force, the staff will report an offence. The staff are not obliged to issue a Penalty Fare Notice under any circumstances. It is up to the member of staff dealing with each issue to decide whether issuing a Penalty Fare Notice is the right action (if the member of staff is an authorised person and the train & place are covered under the Penalty Fares rules) , or whether to report an offence, or whether to collect a fare. The decision will be determined by questioning the traveller and by taking into account any hard evidence. If a Penalty Fare Notice is issued and not paid or successfully appealed in due time, the traveller may still be prosecuted. The thing that most seem to get confused about is the idea that a Penalty Fare is a fine. It is not. It is exactly what it says, a financial penalty, which is an administrative, or civil closure only if paid or cancelled by the rail company. Only the Courts can impose fines and the legislation to permit prosecution in relation to travellers without tickets has been in place since the early days of railways.
  12. 0 points
    If you have a Solicitor with no win no free then the Solicitor will make it that you dont pay. If you loose at court your Solicitor should have bought a insurance policy for you, so the third party gets paid. If you win the Solicitor does take some money from you, but if it goes court, then takes it off the defendant(third party). If you have a Solicitor and send them on a wild goose chase (your fault and your lieing) they will send you bills to pay. They dont bother chasing you realy but can if they want to. Thats basicaly the CFA agreement
  13. 0 points
    We want to make PPI claims easier too-thats why we have been giving our members info and discussing it here not just in the past few months-but for a couple of years.
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