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Everything posted by un1boy

  1. Hi BankFodder, Thanks for your quick reply. What I meant was, the POCs said that the charges were unlwaful under common law and a breach of the UInfair Terms of Consumer Credit Regulations. I am sure I read somewhere that the OFT test case tested whether the UTCCR could be applied to bank charges but the court of appeal said they couldn't. This would mean that claims could still be made with the application of common law? I may be completely barking up the wrong tree here, so wondered waht your thoughts were on it?
  2. Afternoon all, I was wondering whether someone can help me to understand teh PPI claim process - can you give me a step by step process, or point me to the right place I can get all the information from as I need to help my sister. Thanks very much in advance.
  3. Hello all, I used to be an active poster in here, but haven't been aropund much recently. Am I right in thining we can still claim for bank charges by removing the UTCCR from the POCs, as the OFT test case was simply to see whether they applied? They didn't test whether they were unlawful under common law? I may be wrong, but don't want to start helping my sister unless I am absolutely right. Can we also still claim for charges on credit cards, loans, HP agreements and catalogues?
  4. Thanks Wino, I didn't think they could. How would the court know though if it's over the 6 years?
  5. Hey guys, My dad has had a CCJ registered against him about 5 years ago by a CC company. He didn't realise until about 2-3 years ago, we sent a sec 78 request, to which they replied with a copy of the agreement that was effectively a word document - no signatures, no prescribed terms etc. They then said the agreement was enforcable and kept sending it to debt collectors. We kept sending sec 78 requests, to which the debt kept getting returned. Then, one of the debt companies sent a copy of the agreement with no t&c's, n prescribed terms and I think it
  6. Thanks Snowy. I have had a look online at the Truvelo cameras, and I think it was one of those that got me; I remember seeing it flash on both days, but I thought it was the sun in the reflection of the lens.....to be honest I thought it was a tax-disc camera, not a speed camera. I feel happier that I remember where it was, as I don't think it got me any other days of the week. I am out of the UK from tomorrow until 9th June, so I will send the docs back when I return, just in case I have anymore....that way, I know where I stand. Still can't believe it - I just hope I
  7. Cheers Crem - I didn't get any photos, but they do say I can request them if I want to. Should I send them back straight away, or wait to see if I get any others? I am going away on Monday you see, and don't know if it will look better if I send them straight back? Also, will it be detrimental to my case if I do ask to see the photos now, or should I wait for their offer?
  8. One was bang on 40, one was under 39.....I have no problem doing the course, I'd even happily pay more. Am I entitled to ask for the calibration certificate and evidence the daily checks were completed? If so, when should I ask for them? I just don't want to get banned.
  9. Yes, that's what I mean - I just really don't remember doing it, so God knows what's happened - like I said, I've been driving on the same road for nearly a year and I've never done it before!! lol
  10. Hello everyonre, I have received 2 letters asking me for the driver -both saying I was doing up to 40 in a 30, both within 2 days of each other and both from the same camera. what's strange is that the road they said i was on is one that i drive in to work on everyday - and have done for nearly a year- so i know it's a 30 and I know where the cameras are...I have never been over the limit before....I must have gone over it, but I really don't remember - and, I don't remember being flashed, either time!! I am worried that, for some reason, I may receive some more - as I have been
  11. Lol - no, unfortunately. I don't have any other pre-2006 ones I think!!
  12. I don't understand this mate!! I know, but I'm too sure. The total debt os only around £6000 and they've taken it this far with costs of about 3-4k apparently. I just think they may appeal just to clog it up for longer.... Thanks, I'm paying them today. I just can't afford it anymore. knowing my bloody luck though, I'll get made redundant, default on my credit cards and get defaults back on my blooming file....lol
  13. Thanks. I will go anyway. They have old me though that if I do not go they won't be asking for any further orders. It is small claims. I am going to pay them today - I think you soooo much for all your help (everyone) but I just can't keep fighting anymore. I am really peed off that I have had to by the judgment and transcript costing over £500....but it's great eveidence to back up my complaints to the SRA and the Ministry of Justice, so that's not too bad I guess. I havent given the bank a copy because I paid for them. The ironic thing is £1000 of the payment to them is having
  14. Thanks for all your posts. I would get a solicitor to represent me with the 2k but to be honest, it's too late now - the hearing is on weds. Even with a solicitor, if I won I think the bank would appeal and I just can't have this going on any longer. I work in finance and having the default is bad enough - if I get mad eredundant then I'm less employable with it for a start. But the main reaosn for settling is just that I can't take the risk with costs. There is an article on the bbc news website about companies claiming these agreements can be made unenforcable and it's t
  15. Aw....I feel like I've let everyone down now. The decision to settle hasn't come lightly, I assure you all. My reasons behind it are: a. I simply cannot afford to appeal if this Judge doesn't understand and ends up not giving me right to appeal. b. I was always happy to pay the balance tried to offer before it even went to court. c. It's been going on for 3 years now and I have been so stressed out with it that it's been effecting my work and relationship. d. If the Judge does allow me to appeal, but still doesn't understand the law, I cannot afford it if he rules i
  16. I know what you mean - but if the judge doesn't agree....and I have to consider s/he won't...I can't afford to appeal it again. And...if I win, I reckon they'll appeal - which means it'll go on even longer. My confidence has been shot to pieces to be honest and I just can't the risk.
  17. Hiya Thanks for this. What case history are you referring to? The only thing I hvae relating to that is Goode's thing and to be honest I think they are trying to get it "struck out" as new evidence.
  18. Guys, Their skeleton arguments go on about how the judge was right because of the terms of the word embodies and that I agreed with that at the time. to be honest, I am going to settle. The cheeky [email protected] want 50% of the total ordered balance, incl the interest (around £3000) i asked them to accept £2000 coz that's what I have, and said could they consider the fact they breached orders and others things, but they said no. I will prob pay them the 50% - my ultimate aim in all of this was only for the default ot be removed, which comes off naturally in 18 months anyway, lol....
  19. You're right, and that's the risk I can't afford to take to be honest - if I don't get a decent judge and he won't let me appeal, I can't take it further - simple as.....I can't afford financially to...
  20. Guys, They have called to say that we are going to swap skeleton arguments on wednesday apparently.
  21. what do I do then? To be honest I am panicking - I am goign to offer £500 payment that ca be paid immediately in addition to bearing our own costs in order to get this over with....
  22. Also, what's the best way for me to use the authorities - I am thinking that I refer the judge to relevant paragraphs in order to back my argument up. does this have to be done in the skeleton arguments, or can I bring them in to at any point?
  23. If they already ahve a court order, can we still discuss a negotiated setltlement? I was pretty confident a min ago after getting things sorted, by my confidence is shot now so I want to offer a cash settlement to them.
  24. He has said that they have a barrister who will be attending who will be experienced enough go deal with it anyway if I don't send them mt skeleton arguments. He has said that because I don't have permission to appeal, they have nothing else to say. He also said that I should serve it if I'm bringin anything new in to it - could the reference from Goode be calssed as something "new"?
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