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  1. 4 points
    Ok Folks So this week has to be one of the toughest I've ever had but thanks to the help and support of Ell-enn I can now breath easy and I might even manage to get some sleep this weekend. I attended court yesterday for an application hearing with a circuit judge as I'd submitted a N161 form to appeal against the Judges order last week that the eviction should go ahead. On Ell-enns advise I submitted an up to date statement of facts which explained that I'd paid off the arrears and also had my house valued which showed that I wasn't in a negative equity situation I'd also printed off a copy of my bank statement which proved the payment had been made and also included the valuation from the estate agent, I emailed these to the court the night before my hearing but also made three copies of all of these items to take with me. The hearing was in an actual court room which initially I found intimidating, I'd taken along my brother for moral support and made sure that I was smart and presentable as I intended to represent myself. At 11.30 on the dot an usher came out and asked for all persons involved to go into court and then shortly afterwards asked to stand whilst the judge came in, the solicitor acting for the Mortgage company stood and recited the original order to evict and then it was my turn, I stood up and confirmed my name addressing the Judge correctly as "your honour" I asked him if he'd seen the updated statement and he waved his copy at me to indicate that he had It at this point I gave the Mortgage companies solicitor a copy of the updated statement bundle and was asked to sit down. About a minute later the judge asked me to stand up and said "You must have had quite a shock last week, you are not getting evicted from your home please keep up the payments, good afternoon and good luck " he then instructed that his order be worded that there was no need to appeal as the mortgage wasn't in arrears. This has been an awful experience for me as I suffer with social anxiety and get really stressed out being out of my comfort zone but the advice that Ell-enn gave me was absolutely fantastic and allowed me to conduct myself with confidence and credibility. Once again thank you so much for your help. Tony
  2. 3 points
    What usually happens, and I've seen more than a few in my years working in council tax, is that they make a fuss right up until enforcement action is taken and then they disappear off in to the ether without any further updates. Typically because their master plan has failed and the council have bankrupted them or they've ended up with a suspended sentence hanging over them.
  3. 3 points
    Three hour hearing today in the Taunton County Court....WON.... It was like a game of chess, exhilarating from the first move. I lost a couple sacrificial points and one or two pieces I would have liked to have won. As soon as I arrived in the waiting room, I was approached by the solicitor who had travelled 100 miles or so to get there. He suggested it was appropriate to spend a few minutes to see if we could agree a settlement. I agreed and said £1600. He went out to make a phone call, and I sat down wishing I hadn't made the offer because I really wanted the judge to hear my story and win the CCJ. After a phone call, he returned. The figure was refused but he could offer £1000. I refused. He said I might end up with nothing if it went to hearing. I replied that he didn't know my argument and it would end up with a CCJ against them. The next minute we were in front of the judge. The judge explained how she was going to conduct the case and would invite me to speak first. The solicitor was rather naughty and interrupted her and got to speak first for a few minutes. He explained that he accepted there was a contract and we should therefore not spend time over it as he was conceding that point. I thought to myself, no way was I not discussing the contract. I had the feeling he did not want me to mention it. The judge quickly enough took back control and I could present my case. I explained how the case was only brought because Royal Mail ignored all my correspondence. That the RM defense statement refused to accept I had a claim under the Special Delivery postal scheme, but that later emails suggested I could make a claim under the scheme, therefore I was prepared to reduce the value of my claim and limit it to the scheme but that my claim now needed to have costs, which the scheme fails to provide. But RM should have entered into dialogue with me well before I issued the action. As the defence document stated I had not proved I had suffered a loss, I commenced by proving the loss had occurred and RM should have known there was a loss and the defence was misleading the court. I produced the tracking numbers from all my letters and suggested each letter would have caused RM to check the tracking numbers. I produced the Police Report and the two postal workers statements evidencing the parcels were not delivered to the addresses. I suggested that these police interviews would no doubt have been followed by Royal Mail's own internal interviews between senior management and the postal workers and the reports would have been placed in their employees employment file. It was reasonable to expect the interviews with the police were also accompanied by senior management and therefore reasonable to conclude the defendants absolutely knew the circumstances of loss and that the lost parcels were really lost, despite their defense document specifically not admitting it to the court. I then went on tell the court that RM accepted I had provided everything required by them to support my claim under the postage scheme, except the original proof of posting and proof of value of the contents. I had been unable to provide these original documents as my insurance company required them and the loss adjuster had archived them but was now retired. I explained how the certificate of postage served to prove I actually posted a parcel, had the parcels disappeared somewhere in the system, but that whilst I could not produce the certificate or till receipt, proof of delivery constituted proof of postage, albeit the delivery was made in the street outside the address. I could not prove the individual value of the trade prices of the two Rolex watches. But under the scheme I should only need to prove £500 per parcel, being that is the cap on compensation for Special Delivery. It was reasonable to accept the trade prices of the Rolex exceeded the cap on compensation. Given the above information, albeit not in the form they required under the scheme, nevertheless did evidence the two pieces of information they were after to satisfy a claim. Therefore I did have a valid claim under the scheme. Yet their defense statement refused to accept I could make a claim. I spoke regarding the contract, that the defence declared all through that there was no contract and only today did they accept there was one. I wanted to discuss it rather than have it glossed over because it was not reasonable behaviour for the defense to tell both me and the court there was no contract, when they knew there was one. Suggesting crown immunity and no contract seems to be a tactic used in the hope claimants would not pursue a claim. That this was done in the hope I would withdraw. Yet it was clear there was a contract all along. The defence bundle included a 50 page document entitled The Royal Mail United Kingdom Post Scheme (this bundle appears to be sent out in defense to every claim) a footnote on page 3 states that some of RMs services include services under contracts which have their own terms and Special Delivery is one of these. Further I had Stephens v Royal Mail where Lord Denning concludes pge 1177 para F "except for registered letters which are different......and there is a liability for them'. (interestingly both the documents were provided by the defence in their bundle. The 50 page document killed their defense later on. Sadly Stephens was not mentioned again so I cannot say whether it helped and the defense solicitor did not refer to it. The time was passed to the defence solicitor. He questioned me arguing I had not suffered a loss because I had made a successful insurance claim. I replied I had lost £250 excess for each parcel plus I lost my no claims bonus £350 , plus £80 to he police and other minor costs, but more importantly, I had also lost £185 issue fee and £335 hearing fee simply because they failed to respond to any correspondence especially the notice before action. It was unreasonable of them to fail to enter into dialogue before I felt obliged to sue. He moved on to the Special Delivery before 9am scheme which had a max cap of £50 compensation (which was the service I had bought), he introduced a photocopy of a flyer detailing the scheme. The flyer was not in the bundle. The judge asked if I minded it being introduced. I said it should have been in the bundle and I did mind. (I didn't mind really), and knew she would accept it being introduced. I knew it would pave the way for me to do the same later. The solicitor then spend time digging himself a hole by explaining the details of the scheme and its limited £50 compensation, according to the photocopy of a flyer. I then was able to introduce my own extra document which I had printed off the internet. I explained that if a member of the public wanted information about compensation, they would go to the internet and this was the document I found last week, 'Royal Mail's Retail Compensation Policy For Loss'. Nowhere in this document did it specify anything at all about there being a £50 cap on any Special Delivery Scheme (particularly a 9am scheme). It implied that Special Delivery 1pm had a £500 cap and as the 9am scheme was excluded from the document , it was assumed that the compensation was also £500. I referred back to the 50 page bundle and described it as the definitive document relating to Royal Mail's postal schemes. More definitive than the summary of the much shorter document and certainly more definitive than a photocopy of the introduced flyer. In the 50 page document section 17.7.5 states the cap for the amount of compensation. For Special Delivery it is £500. Also section 21 covers Special Delivery. 21.8 refers back to 17.7.5 and again states the cap is £500. Nowhere in the definitive document does it state anywhere that any Special Delivery scheme reduces the max compensation to £50, indeed the 9am service is not mentioned anywhere in the document. This implies that all Special Delivery schemes (whether the 9am or the 1am service has £500 compensation. The solicitor then went back to arguing I had not proven the value of my loss and that all I had shown were the retail prices of £2395 and £3795. He suggested such valuable items were prohibited as there was a maximum value allowed of £2500. I asked him to show me from the definitive document, anywhere that mentioned such a prohibition on values. But that he wouldn't find such a reference because there wasn't one. He came back with a real gem, and quoted from page 38. section 5.7.36 which simply stated that Valuables can only be sent using the Special Delivery service. I re read it aloud, and said that was exactly what I had done and that nothing in the document contained any restriction on how valuable an item needed to be. He pressed the point regarding my failure to prove the value of the loss. Then went on to argue that in any case as I had made a successful insurance claim, there was no loss. He read from my claim that I had received an insurance settlement of £4100. I piped up, that there was the evidence of the trade price of the watches. My insurance claim was for the trade price and that the total claimed was £4600 for the two watches less £250 each excess, leaving £4100. This evidenced the value of two watches and confirmed they were below the prohibited value (even if there was such a thing) (I think there is now, but not on the documents that count. But even then you can send more valuable things, so they are not actually prohibited, but you get no compensation at all if they are lost). We then argued again over whether I had suffered a loss because I had been settled by my insurers and this claim might even show me a profit if it was settled in full because I would have been able to spend the settlement of my insurance to make its profit too. I argued there was a real loss because of the deducted excesses etc. But in any case, by claiming under the scheme, I had a genuine claim of the £500 compensation per parcel (assuming the reduced £50 cap had been destroyed by it not appearing in the definitive document) He then tried to argue that the scheme did not require handing the parcel to the named individual and the parcels were therefore correctly delivered to the address. This was immediately refuted as the police statements confirmed the postal workers did not enter the address but gave the parcels away in the street. The judge moved to summing up. She said that prior to today, it was accepted there was no contract and only today does Royal Mail agree there was a contract. Should we rely on the terms of the before 9am service? Nothing in the document mentions 9am scheme at all or prohibited values. My letters did notify RM of a potential claim within the 80 day window, even though the claim was not made within that window. Royal Mail claim the parcels were delivered but ordinary reasonable expectation means delivery would be to the door of the address. The difficulty for Royal mail is the parcels were delivered to outside the buildings. Does not find delivery was made and rejects RMs argument that it was. In terms of which scheme to apply, 9am does not appear to be mentioned in RMs schemes and she accepts I was not made aware of the facts that made the 9am scheme different. Therefore the claim is governed by the Special Delivery provision. There was therefore a claim made under the scheme. It was clear the nature of the claim was brought to the attention of RM within time. I find appropriate claim was made within the timescale. Nowhere can she find that evidence must only be such as is detailed in the schemes or on the required forms. Find I am entitled to bring a claim not limited to the 9am scheme. Then a load of scribbles I cant now read what they meant, I fear they might contain a but and then discuss making a profit. Allow insurance excess of £250 each parcel. Disallow my no claims discount loss of £350. Disallow the £80 fee I had to pay the police to obtain copy postal workers statements. Allow 2.5% interest not 8% due to low interest rates. Allow issue fee and hearing fee, travel costs and a few small expenses. Sadly, I can't find the part of the judgment regarding the claim for £500 compensation for loss or whether it was £50 compensation agreed, due to being confused whether this was disallowed because it might make my claim a profit. I need to phone the court in the morning to see how the summary was worded but the values of the claim agreed seem to have missed out this £1000 and have ended up around £1150. I will take the £1150 because it also includes a CCJ won against Royal Mail. I kind of hope they forget to pay and I can send in the bailiffs. Please know, their standard defence including their pretense of no contract is worrying, but is easily turned into a winning argument using the documents they use to defend themselves with. Making a claim within 80 days and being forced to evidence your claim using their preferred lists of what constitutes evidence , is not necessary. You can use anything at all that might evidence your claim (although obviously it is simpler to do it their way). Crown Immunity was never discussed, but remains simply to put you off, but it might well be discussed for your claim. Stephens was not examined and used again as a frightener. The effort and hours of research and preparing the case, losing sleep and the nervous energy is a huge demand and even though I won the day, the £1150 win (realising the costs were around £600) is not worth it. Despite the above, journey was really interesting and informative and the three hours before the judge was really exciting.
  4. 2 points
  5. 2 points
    We advise a simple 3 to 5 line defence on here. If you send off that as it is you reveal too much allowing them to refute and "amend" [cough, cough] what they were going to say. or do. Plus walking in expecting a walkover is a dangerous act and even worse is to go in not knowing the Law regarding parking and your case-it can be expensive. http://parking-prankster.blogspot.com/2017/01/parkingeye-win-and-are-awarded.htm http://parking-prankster.blogspot.com/2016/12/ukpc-v-mccarthy-score-draw-no-penalties.html both motorists lost but could have won had they been better informed ie they had read other cases and taken along the necessary paperwork. Rather worrying that the Judge decided that as the contract with the landowner was only for 3 months which had expired some time before, it was reasonable to suppose that the contract had been renewed. So you will be up against the Judge lottery also. How does the saying go-fail to plan so plan to fail.
  6. 2 points
    The problem you will face in getting information is that although you are next of kin but you are not either (1) the Executor appointed under his Will (I assume he hasn't got a Will) or (2) his legal Administrator appointed by the Probate office. ['Administrator' is the equivalent of Executor when someone died without leaving a Will.] As a general rule only Executors or Adminstrators have the legal right to information. Next of kin have no rights. It also sounds like he has died leaving no money at all. Is that correct? There are two key things to bear in mind: (A) As next of kin you have no legal obligation to do anything. The law does not require you sort out your late father's affairs. Anything you do to help is purely giving some voluntary and informal assistance. You can stop 'helping' the DWP any time you want to. Did you register the death? If so, that also doesn't put any duty on you to sort out your father's affairs. (B) Next of kin/family members are never responsible for paying anything back to the the DWP out of their own money. So if your father died leaving nothing (after funeral and care home costs paid) then that's tough luck for DWP. They can't recover your father's overpaid benefits from you. If they think the overpaid benefits are in an old Post Office account you could simply tell them you found no information about any such account and can't help them. Then they can go look for it themselves if they want to! The only reason you might want to keep searching yourself is because the account could contain far more money than DWP are owed which you would then inherit.
  7. 2 points
    there is a 2 page spread on this problem in wednesdays "Daily Mail". you should be able t see it online. The insurnace co's are getting fed up of being ripped off by these ambulance chasers and have done test calls on them to see what they say and some have dropped themselves in it my misrepresenting themselves. You might find their consumer champion would happliy add your story to their files and that may make auxillis back off These worms dont like a bright light shone on them
  8. 2 points
    Hi Frustrated and welcome to CAG I've added spacing to your post to make it readable - large blocks of text are hard to read and folk may go elsewhere instead of struggling through your post.
  9. 2 points
    Yes the quoted thread is a little complicated because it involves somebody allegedly falsifying documents, so let's keep it simple. The Statutory Declaration (SD) sets aside the original conviction and nullifies any penalties made as a result. It is then open to the prosecution to recommence the proceedings, Once you have made it you will almost certainly be asked to enter a plea. What you need to negotiate is a deal where you agree to plead guilty to the original speeding offence but only provided the "Fail to Provide Driver's Details" (FtP) charge is dropped. As it stands you cannot be convicted of speeding as they have no evidence that you were driving, so do not under any circumstances plead guilty to it unless and until the agreement is in place. To do so is a potential route to convictions for both and nine (or more) points. This bargain is a common arrangement which is well known to prosecutors and Magistrates and is undertaken every day across the country. Once you have it in place you can then simply plead guilty to speeding and will be sentenced. If you can, arrive at court early and when you check in at reception ask to see the prosecutor who is working in the court to which your matter has been allocated. You can then put your proposal to him or her before the court sits. If you cannot do this, simply make your offer in court when you are asked to enter your plea. In the highly unlikely event that your offer is not accepted, plead Not Guilty to the FtP charge (and speeding if it is put to you). The FtP matter will then be listed for trial at a later date and you can decide between now and then whether you have a reasonable chance of success defending that matter. If you decide you have not then you can always change your plea before your trial date. Do not be pressured into pleading guilty at this stage. Simply maintain that you want to take advice. As an aside do you know the alleged speed and limit for the original speeding offence? Magistrates have the option to award up to six points for speeding (largely depending on the speed alleged) and you may find yourself facing a "totting up" ban again. You would then have to think about an "Exceptional Hardship" argument.
  10. 2 points
    Definitely attend the hearing - take a statement with you to hand to the judge and print off proof from your bank account that the arrears amount has been paid. If you need help with the statement please let me know and I'll help you draft it.
  11. 2 points
    You firstly need to understand there is no "claimant" in this issue. You are being prosecuted and face a criminal charge. It is not a civil matter where a claimant is claiming a debt. Any monies you are ordered to pay will be in the form of fines, costs and ancillary sums (the "victim surcharge"). In default they are recoverable by either an attachment to earnings order, by bailiffs or if still unrecoverable, by a custodial sentence in lieu. The questions you want to ask should be put by you at the case management hearing. I should warn you that most of your requests are likely to be declined. I'll just lay it out one more time as plainly as I can. The prosecution has to prove, beyond reasonable doubt, that you were driving (they have your S172 response) and that the vehicle was exceeding the prevailing limit. Proving what the prevailing limit was will not be hard; the NSL on a dual carriageway for a car is 70mph - the highest of all limits in the UK. To prove that the vehicle was travelling above the limit they will show that the device was an approved one and that it was operated correctly. If they prove that, it will be presumed to be reliable by the court. So, if you want to cast reasonable doubt so that they cannot presume its reliability you will have to show that either it was not an approved device or it was not operated correctly. But, back to the "fishing", you cannot simply ask them to produce anything and everything to prove their case. You will have to show what it is you doubt about either of those aspects. If you cannot overcome that hurdle (casting reasonable doubt on whether the device was approved or that it was operated correctly) you have to move on. The presumption that the device can be relied upon is a "rebuttable" presumption. That is, you have the opportunity to show that such an presumption is unsafe. However, now the burden is greater. Casting reasonable doubt is not enough. You have to prove "on the balance of probabilities" (i.e. more likely than not) that the presumption is not safe enough to support your conviction. You will have to prove that the device is so inaccurate that it cannot be relied upon to prove you exceeded he speed limit. Such a defence (especially if it goes to the second part) is difficult to run and you will need expert assistance. Just turning up and saying "I don't believe I was speeding, prove that I was" will not cut the mustard. The short summary is they will have evidence you were speeding, you have none to show you were not. It's really that simple. I would never suggest that anyone simply rolls over. If you truly believe you are Not Guilty then you should defend the matter (though I suggest you need expert help). If it' simply that you want them to "prove it" it is likely to end in tears.
  12. 2 points
    hi get a quote stating the fault, cause and cost to fix. call currys and go through the options to customer service, not the option for my product is faulty. ask to speak to the out of warranty department. explain, if you can email the quote to them, they'll give you a CC ref code. they'll choose to give you a repair or depreciated credit. you can also go into your nearest store and ask the knowhow guys to forward the relevant info to the 'save our customers' email department. either way, they'll contact you after they have the information and make you an offer. trust me this is the correct way to do it
  13. 2 points
  14. 2 points
    UPDATE: We sent in High Court Enforcement Officers who have secured full payment
  15. 2 points
    you don't play your cards yet use exactly the EB reply word for word dx
  16. 2 points
    Millions (literally) of people commit speeding offences every year. If every one of them lost their job as a result those millions would be unemployed. I know of few jobs where a single speeding conviction would result in dismissal. Should you be unfortunate enough to be in this position again simply follow the process as laid out in the paperwork. Don't get smart and start prattling on about your (mistaken) rights under GDPR or whatever. As you have seen, by the time you've established your rights correctly you will face a court hearing. You can ask for "photographs to help identify the driver" before you return your driver nomination form (though that does not stop the 28 day clock measuring the period in which you have to respond). Don't ask for "evidence" as it may be taken that you are disputing the matter and out-of-court disposals (far and away the most favourable option) may not be offered. You have no entitlement to evidence unless the matter goes to court. Most forces will provide such photos (though they don't have to) by giving you a link to follow. They rarely help in identifying the driver because their purpose is to identify the vehicle. Identifying the driver is your responsibility and if you fail to do so without a valid defence you commit a more serious offence which carries a hefty fine, six points and an endorsement code that will see your insurance premiums rocket.
  17. 2 points
    When you have completed your SD you will almost certainly be asked how you plead to the offence(s). Hopefully you have been "dual charged" with both Failing to provide driver's details (FtP) and Speeding. So long as you were driving at the time of the allegation you should offer to plead guilty to speeding providing the FtP charge is dropped. Do not under any circumstances plead guilty to speeding unless and until you have this agreement. You cannot be convicted of speeding unless you plead guilty as they have no evidence that you were driving. The danger in pleading guilty without the deal is that you will be convicted of speeding and they can still continue with the FtP charge. On the basis of what you have said success will not be impossible but will be problematic and the possible outcome is nine points. The "deal" is a well known procedure to prosecutors and Magistrates and is exercised in courts across England & Wales every day and is nearly always accepted. It is nearly always accepted. If you can, arrive at court early and ask to see the prosecutor. You can put your offer then. If not, make the offer when you have completed your SD. If by any chance it is not accepted, plead Not Guilty to both charges and come back on here (your case will be adjourned to a later date). We can then decide whether you have a reasonable chance of successfully defending the FtP charge. Certainly at this stage you do not need a lawyer. You probably wouldn't need one if you have to defend the FtP charge either but let's wait and see what happens on Friday. Save your money for your fines, etc. You need to make every effort to avoid a FtP conviction. It carries six points but most importantly an endorsement code (MS90) which insurers hate and it will see your premiums increase dramatically.
  18. 2 points
    Here's the Nasa Link https://www.youtube.com/watch?v=Z4bSxb5THm4 Any denier should spend the next 37 seconds looking at the above video, it is chilling. Also for any deniers NASA = Experts with all the correct Data. Some random denial poster on Twitter = Know nothing idiot.
  19. 1 point
    You won't go to jail. Of course lots of questions are going to be asked – but the very best thing you can do is to contact them on Monday and be completely open and honest about what has happened. Hopefully other people with greater expertise will come along – but certainly you need to open up completely on Monday and be completely straight dealing
  20. 1 point
    If enforcing a Magistrates’ court fine they can even use a locksmith to gain entry, but only with the court’s permission.
  21. 1 point
    To see a copy of the default maybe... CIFAS wont appear for a Cat 6 Marker. It wouldnt harm to send it. Barclays can see your CRA. And get a copy - The FOS are bound by Data Protection Anyway so it will only be stored with them. Quite frankly its your call - I wouldn't bother and the issue with the CIFAS puts it above the FOS. Wait for the response from the Exec's Team. Then go Legal. BTW if you do decide to send your CRA I would suggest reading our guide on Credit Files in my signature. It tells you more on CIFAS and how it would affect you.
  22. 1 point
    Once the penalty is paid the case is closed. Unless the OP can show that payment was deducted from his account or a text from PbP confirming parking was extended until such and such a time, he has no grounds to appeal. Best option is to pay the discount and be more vigilant in future.
  23. 1 point
    send an email: litigation@moneybarn.com subject line: for the attention of Jacquellne Tallack-Harrop re agreement no .xxxxx i thank you for your letter dated 20th February 2020, the contents of which are duly noted and logged in my very extensive journal concerning our mutual conditional sales agreement regulated under the consumer credit act 1974. I also thank you for including a repeat copy of the consent order which i signed some two years ago, when i should have known better. This was during a period of acute personal issues which dictated and still do, the majority of my day to day attention. Moneybarns continued harassment is, quite frankly, getting beyond a joke, and has now gone on long enough without my redress. Why do Moneybarn always make up their own consumer credit act rules? As one example, you Terminated my agreement following a default notice dated 10-02-2017 which does not comply to the relevant sections of the consumer credit act. i am now fully conversant with the implications the above has upon the agreement. However, and against my better judgement, you are hereby offered one final chance to retain some of the financial gain you currently posess by honouring my previous Voluntary Termination letter. i look forward to your acceptance of my offer. your faithfully P.S Deputy District Judge Colvin sitting at the County Court on the 10 May 2017 did not state Moneybarn are entitled to Immediate possession of said vehicle should i fail to comply with the terms of the consent order. RE: The High Court Threat.... Writs of Delivery cannot be granted on agreements under the consumer credit act. And neither can you apply for a penal order, this you lead Anglia Recovery (who informed me in the nicest possible way what he thought of the way you treat them) to believe gave them powers to enable them to drag me out of the vehicle. This nor a section 62 gives a mere repo agent any powers to act as Bailiffs....
  24. 1 point
    We refer you to the Order of Deputy District Judge Colvln sitting at the County Court ill • on the 10 May 2017 stating that the we are entitled to Immediate possession of the vehicle should you fail to comply with the terms of the consent order urm .. i don't think the consent order nor the judge stated anything of the sort.!! the original agreement is regulated under the consumer credit act.... thus ...the high court nor any high court enforcement agents....can ever be involved. more soon...
  25. 1 point
    they have 28 days to 'something' if they dont the case gets autostayed the court should write and inform you about this and ack the defence has been received. now time to read up on the numerous SW/Shulman claimform threads already here so you know what the various processes are going forward if they do!!
  26. 1 point
    they are lawyers who are acting as debt collectors and hope that the use of their letterhad frightens you into paying up in the same way as DCBL like to remind peopel they are bailiffs when acting as a letter writer advice remains the same, wait for Centrica to decide what they are doing and then challenge them to show the exact amount without the added unicorn food tax
  27. 1 point
    So do us a favour Stephen....no more phone calls to anyone......relax for the rest of the day.....and If I need you you will get an email conformation tomorrow.
  28. 1 point
    If its a reconstituted version...yes.
  29. 1 point
    Can you see any planning consent for MET to put its signs and cameras up? No? then they are breaking the law and cant create a contract with you in the first place. Now I would contact the head office of the restaurant chain and tell them that you had a lovely time at their place but will didnt agree to pay ayone £100 extra so could they intervene or you will be doing a recharge on the card payment for the bill if they dont tell MET to drop their demand. Ask nicely at first but dont take no as an answer. Also flame them on social media if they are unhelpful
  30. 1 point
    The taking of goods or Voluntary Surrender, which is what results from a repo, doesn't end an agreement as you still owe the principle sum, hence get ripped off by VS rarher than you doing VT. Dx
  31. 1 point
    it cant comeback on your credit file as it was defaulted +6yrs ago I bet. old and new threads merged. so you never bothered to do the sar in 2014 when advised above? and you've been paying all this time without ever coming back here?
  32. 1 point
    lets see the agreement please typically advance payments are listed on the agreement and are taken off before the int is calc'd. pdf only please
  33. 1 point
    Firstly, I think that you are dealing with things very well and I think your comments are absolutely correct. Presumably you have got their telephone denial that they ever emailed you about a courtesy car. This is important because the email together with the recording is itself extremely evidential of unfair treatment. Can you tell us what kind of insurance you got. Is it fully comprehensive? Do you have the details of the third party who ran into? It's a long time since I've looked at an insurance policy that I have a feeling that there is generally speaking a provision that you will cooperate with any legal action which is taken against 1/3 party. I have to say that this seems to be quite reasonable to me. Can you check to see that there is such a thing. Of course, making it subject to conditions such as you may be liable for fees et cetera is totally unacceptable.
  34. 1 point
  35. 1 point
    In that case you should contact the client with a copy of direct lines admission and tell her that she should immediately complete the paperwork that she receives from the court and admit your claim completely plus costs. Tell her you will then be immediately applying for judgement and if she wants to avoid a CC J registered against her and blighting her credit file she should make sure that the judgement sum is paid as soon as possible and in any event that the money is cleared funds within 28 days Make sure you monitor everything. Observe all deadlines and give no ground at all until the money is absolutely in your account – every penny.
  36. 1 point
    so ordered items were delivered by next to your present address?
  37. 1 point
    Hello, 15 minutes to consider an offer is derisory and shouldn't have a negative impact on you. You'd normally only have costs awarded against you if your claim was vindictive/ malicious. So possibly more scare tactics there also. If the court decide they don't have jurisdiction they will reject the claim, so again, not for your former employer to decide. Really I am unsure what they are trying to do here. It's such a small amount, it feels like game playing. I assume your claim is covered by page 19 of this? https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/792702/t420-eng.pdf In which case, crack on.
  38. 1 point
    Just a quick update - I had more issues with Dell but it is now finally resolved I am pleased to say. It was more relating to the refund that was issued on the 20th. Apparently due to a technical fault, it was returned to Dell - Amex deny any issues their end and given the issues, I trust them more than Dell! It was re-issued on the 28th but still no show. I decided enough was enough and advised them I'll just resume the SCC case and suddenly I get a phonecall straight away trying to resolve with a BACS transfer. Fast forward yesterday, the 28th payment does now indeed show up as being refunded to Amex. I have the fun task of now getting Amex to shift that money into my bank account because the credit card is now in positive balance but they're sorting that out. So now there is closure :) Thanks again for all your help and donation on way too!
  39. 1 point
    Thanks @BankFodder, from reviewing the other threads, it seems the next step is to write a formal letter before action, and then prepare my claim form. Here is what I intend to send for the former. Would be grateful if you could let me know if there's anything missing or glaringly wrong! I'm also planning to prepare the small claims court form in the coming days. Are you aware of any posts on here, or templates, that make reference to the same points of law / arguments relating to the right of third parties act, and / or negligence that I could adapt? I've had a search, and could only find the one case (in which the claimant unfortunately lost, given the judge's determination that the claimant had accepted the £25 cap on the courier's liability). Finally, Packlink have also finally replied to me too, asking me to submit a compensation claim form. I am wondering whether I should: (a) submit a compensation claim to them and accept the inevitable £25 payout, and risk undermining my position that Hermes is liable for the loss, or (b) ignore it, and risk being accused of failing to mitigate the loss that I consider has been caused by Hermes, and have any potential award knocked down by £25 as a result. Thoughts? Thank you in advance - again - for your help. By email: [Hermes CEO complaints address with which I have been corresponding] [Does this need to be served in post, or will email suffice, given there is already an active exchange?] Subject: Letter before action Dear Sir / Madam, I refer to my emails of 31 January 2020 and 2 February 2020, and the summary of my complaint contained therein. I also refer to your email replies on 2 February 2020 and 3 February 2020, in which you confirm that Hermes has lost my parcel in its network, and refuse to compensate me for my loss, stating that “as you had not booked the parcel directly with Hermes and booked the parcel through Packlink, you would need to submit your claim with Packlink as this is who your financial agreement is with”. I do not accept your position. I continue to hold Hermes responsible for my loss. [Should I be stating why, i.e. by reference to the Contracts (Rights of Third Parties) Act, and or an accusation of negligence in the alternative? Or is this to be reserved for the claim form? If not, is there any particular wording I should use?]. I am claiming compensatory damages from Hermes, of £149.02. I have calculated this amount as follows: The item contained in the package has an RRP £219. I sold the item on eBay for a total consideration of £141.73. I paid £7.29 for Hermes to deliver the package. Hermes’ failure to deliver the package has caused me to suffer a loss of £141.73 + £7.29 = £149.02 If I do not receive a satisfactory response to this letter, by email, within 14 days, I will bring court proceedings without further notice. I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraphs 13-16 which set out the sanctions the court may impose if you fail to comply with the Practice Direction. Yours sincerely,
  40. 1 point
    Got the info via private message thanks and have replied so I think we're good to go now Good luck with the hearing and don't forget to let us know how you got on.
  41. 1 point
    He is obviously trying to impersonate you so that he can avoid the speeding fine. However, he won't be there. Let me explain. In order to prove that you were driving the prosecution needs the reply from you saying you were the driver at the time the speeding offence was committed. What they have is a forgery of that document, completed by your ex. He has completed it and signed it as if he was you. In doing so he has committed a serious criminal offence which carries a jail term. However, that's not for you to worry about . What you need to show the court is that you did not complete it. You should be able to do this by letting the court compare your signature (on your passport) with the forged one your ex has provided. It will also help when you explain that you do not and never have driven and do not have a licence. The completed response I mentioned above will form part of the prosecution's evidence but it will not be necessary for your ex to attend court.
  42. 1 point
    you most certainly ignore any DCA on any debt no matter what type it is they are NOT BAILIFFS and have ZERO legal powers . just for point of clarity upon ignore... you do not ignore a letter entitled 'letter of claim' from a parking company or a solicitor acting for the parking co. seems like Broomfield has gone to the dogs in the last 15yrs from when I used to do work there, charging staff to park!! bit like a stealth wage cut, you all should complain and refuse to have to pay anything under whatever stealth wages cut scheme they invent, little the trust can do about it. dx
  43. 1 point
    Has the expert given a date for the site visit? Maybe someone else can help but I’m not sure what the protocol is for a site visit like this where the parties are in attendance e.g. can you speak with the expert, ask him questions, point him towards things etc.
  44. 1 point
    The second account...this is a different account/ mobile number ? A direct debit mandate only allows for one account number/mobile number. I would be looking to reclaim all the payments back through the DIrect Debit Guarantee Scheme. Andy
  45. 1 point
    Don't worry about putting the correct figure. Simply warn her that it is likely that the fee will be involved which you understand "maybe as much as £350 – blah blah". The important thing is to get the letter off quickly and to have a paper trail. You don't have to worry about all the teas crossed in the i's dotted et cetera
  46. 1 point
    I could be as bold to politely suggest this pub is within the boundary of what is considered airport land so is covered by their byelaws as its right next to the runway? so stuff and all any private parking company can do by issuing speculative invoices for breaking some imaginary contract she entered into by pulling into a cap park with is private land? please stop blindly contacting these fleecers and any powerless DCA that chases an imaginary debt. as with all DCA's on ANY debt they are NOT BAILIFFS and have ZERO legal powers. plenty of byelaw threads here to read dx
  47. 1 point
    Accurate ethos, but inaccurate factually. not “All viruses mutate”, and not “viruses succeed if they don’t kill their host”. Smallpox didn’t mutate. Smallpox killed many of those it infected. It was incredibly ‘successful’, but was eradicated (made possible by it having a fixed target for vaccine, no carrier state, and a massive international co-operation) Polio : similar, though for a few countries that it remains endemic in, efforts to eradicate it are hindered by attitudes to vaccination and local politics. Influenza “mutates”, both by “drift” and “shift”. Kills some it infects, but still incredibly successful. Even where it kills more (e.g. 1918 Spanish Flu, where it was recognised for killing young fit people), still very ‘successful’ Ebola: it isn’t “unsuccessful”. It remains a massive risk. The last outbreaks were only curtailed by a gigantic international response. To describe Ebola as ‘unsuccessful’ doesn’t pay tribute to the healthcare workers (civilian and military!) who went and set up Ebola Treatment Centres, at great personal risk. Some were infected despite all the precautions they took, not all survived. Those that weren’t infected still worked in awful conditions (doing their work wearing full protective equipment, in searing heat, is very demanding). The UK health worker who got infected has suffered some longer term effects of the illness (and also had the emotional challenge of facing a disciplinary around the circumstances of her return! Though was cleared by that tribunal) WHO have declared (in the past) Ebola outbreaks as a Public Health Emergency of International Concern (PHEIC). 2019-nCoV hasn’t (yet) been declared a PHEIC (but watch this space!). Part of the issue there is that PHEIC is binary : (“is or isn’t”). This may yet change in future to a more graded response, so that e.g. 2019-nCoV gets a classification of “not quite, but almost, a PHEIC”, allowing WHO (politically) to do more before it gets to be a PHEIC.
  48. 1 point
    Oh that is wonderful news.... I have a few other debts that now die with this one. Apart from the 5 year old stayed claim and a couple of smaller debts that I'm dealing with this is now behind me. My credit record is sound and I'm am pretty much debt free. If it hadn't been for you guys on this wonderful site I would have crumbled and given in to the DCA's demands. You have simply been brilliant. Your patience and guidance has been invaluable and because of it I have been able to help myself a number of friends who were in a similar position to me. I will always be hugely grateful for that........ A donation for you from me will follow shortly.
  49. 1 point
    you are right, the NTK is from VCS and the signage belongs to Excel parking. Both are companies owned by Simon Renshaw-Smith ( hereafter referred to as simple simon) but they are not one and the same so you owe nothing as they have failed to create a liability under the POFA or accountingh law as it applies in the UK (and the rest of the world) So, what to do? Ignore them and any dca they employ to send scary letters adn the respond in a forthright manner to thier letter before action or letter before claim. That is some months away so just keep us informed of what threatograms you receive until that point. BTW, the signage isnt a contract anyway so even if they remembered who they were there would be no breach of contract to chase you for and they will lose a court claim in that regard.
  50. 1 point
    so BC defaulted it before sale have you not got all the details already from an sar to marry this up and check there wasn't a previous one? dx
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