Evening all Apologies for the delay, yes I did start my own proceedings against them. They fought to avoid the Court but the DJ has set the matter down for a hearing!! Best wishes to all Douga

Hi Jacqui, If you can tell me exactly what happened: 1. Where was the car parked exactly? What day was it? What date was it? What time was it? 2. What signs were present to restrict parking?What Road markings were there? 3. How did you arrange the payment card? Were you contacted by the Council or by the Court BEFORE Marstons were involved? 4. Did Marstons send you a card? 5. You MUST contact the Court (if you know which one) and get a copy of the Order of the Court, or the Council and get a copy of their instructions to Martons. Write to Marstons (Recorded Delivery) and request a copy of their instructions/and - or a copy of the Order of the Court or Council Order/Request for Enforcement to Marstons 6. The Bailiff may not add fees as he chooses!! 7. Do you still have the original ticket? 8. What form did the ID the bailiff produced take? Do you have his name? Did it have a photo? I can help you to sort this out I think, but need more info! As ever Dougal

Hi Jacqui, Well, I too have had some dealings with Marstons. Marstons are the subject of sanctions and ongoing enquiries by the OFT. HAVE YOU BEEN SUMMONSED FOR THIS' OFFENCE'? IF SO WHEN AND WHAT WAS THE RESULT? Did you appeal the ticket? Do you have any photographs that you took of the car in the car park? Have the Council/Enforcement officer taken any photos of the vehicle where it was parked ? Was the dispute with the council resolved ; have you had their final response? Who were the Council? Were proceedings issue for recovery of this amount as a civil debt.? These are the points to remember re MARSTONS: Do not let them into your property. they do not have any right of entry. If they try to force entry they are trespassing If they attempt to push you out of the way to get in call the police IMMEDIATELY and tell them you have been the subject of an assualt which is continuing. Hope this helps Dougal

Evening all, The question is is Mike Daily right? (Personally I think he is bang on the money). Like most who cannot do their job properly, it really hurts when they are found out! Best wishes to all Dougal

Thanks... I see your point now. Dougal

Good morning, Can you explain this comment for our benefit? I must be very dense this morning (situation normal) but I do not see the point that you are making! Kind regards to all Dougal

Evening all, Aktiv Kapital are just shortly to feel the call of the boys in blue - they took a lot of my money when they were not entitled to do so! Best wishes to all Dougal

Hi 42 Man and everyone I have a case against GE for this with a hearing date of 4th May 2011 at Tunbridge Wells County Court, and a case against Swift for this with a hearing date of 16th June 2011 at the same Court. Hope this helps everyone Best wishes to all as always Dougal

Evening Doc - My thoughts exactly, I have been doing the same, but now we need everyone to do this. There has been another very recent case involving Swift as the defendant where the Judge ordered full disclosure relating to fees, costs and their breakdown/justification. I shall also ask my colleagues on LB to do the same! Best wishes to you and everyone on CAG Dougal

Morning all, Could we be advised as to the location of the Court hearing this case? - we do not need to know the name of the Claimant. Do I hear the walls of Jericho starting to loosen.... Best wishes to all my fellow Caggers, Dougal

Morning all, I have today copied the above to Swift.......... As always best wishes Dougal

Good afternoon all I have not got around to doing this yet, but will write to GE and let them know...yes that's right, my first mortgage was with GE too!!!! This could prove VERY interesting.... As ever Dougal

Morning all, Thanks BAE for putting that info in response to the question from Anna about a 'strike out'. As for the amount of commission, and how to discover it, I simply (?!) wrote to GE and asked, it took a few letters mind you - BUT they did respond finally ! However, they have never given me a figure that agrees with the one they said previously....! Perhaps a session in front of the DJ will help their memory! I also believe that if they instruct Counsel for such a small sum then this will be a breach of my rights in accordance with the European Convention, and will draw this fact t the attention of the DJ at the time....! In the meantime I am preparing my claim for charges to be returned - my basis is simple : GE cannot claim the protection of the Supreme Court ruling because (a) they were not a party to the action, and (b) they are not a Bank as they do not operate current accounts for their'customers'. They are credit providers. I there is anyone out there who has any input on this I shall welcome it! Best wishes to all as always Dougal

Evening all, In court versus GE in May 2011 for a refund of commission paid to broker. GE tried a strike out application on the Courts own motion, the DJ was not having that and has listed their application for a heraring - BUT this is going to be very interesting as there are SUBSTANTIAL inconsistencies in their letters relating to the amounts paid! More to follow As always Dougal ps: Claim for charges to follow in due course.

Well now, firstly good evening all, I am in a very strange position (no jokes or innuendoes please!) - you see my first mortgage provider were GE MONEY (Another bunch of .............) I am writing to them this week to let them know the true picture.......(they are already 'nervous' following the GMAC saga!) Any helpful suggestions will be very welcome - does what I have read mean that the second charge with Swift Advances was illegal? I am not after a refund of the money (yet!) but a refund of their excessive charges, including the redemption charges. If you have any thoughts please let me know, feel free to PM me if you wish, I understand matters may be a little delicate! As always my very best wishes to all on CAG, Dougal

Well good morning all, Thanks to Andrew 1 for some excellent posting. Exactly on the money - if you will pardon the pun! Best wishes to all as always (apart from certain small birds, that is!) Dougal

Good morning all, I have a claim in Court against Swift for commission paid to the broker and I have already notified Swift that hey are on notice to check my mortgage redemption figure as it appears to be incorrect! Well (often deep and containing water, often with tragic consequences to those who descend into its depths!)- they have dug a hole for themselves haven't they! Let's hope that we get our money back, disgusting that those who lost their homes cannot recover them, but let us hope they will see some form of recompence. As ever Dougal

Morning all, Nice one SC - I couldn't have put it better myself!! Keep on at them folks...........their time is almost at end methinks.... As always Dougal

Morning all, I am sure Paul is a specialist in Civil Law and for that I salute him. It is very difficult for professional solicitors to 'change horses', that is to say those who specialise in Civil Law will generally speaking stay n that area, and conversely Criminal Lawyers will stay in their area of expertise. That way the client gets a specialist suiting his/her particular requirements. If we upset him, then I personally apologise.....no offence was intended! However it really is VERY important to keep an open mind when dealing with the problems that Charlatans like GE, Swift and others place at our feet! EVERY avenue must be explored. Meanwhile lt the battle continue apace. Best wishes to everyone (including Paul!) Dougal

Morning J-O, and everyone Yes it is the commission they paid to the 'agent'!!. Their counterclaim is marvellous and made me laugh - can't post too much but let us just say they have shot themselves in the foot! We shall see what happens VERY soon. More later, best wishes to all Dougal

Morning all, I have just issued proceedings against Swift for refund of commission. They have defended and counterclaimed!!!! However - they are in for a nasty surprise! More later, but they really are in a mess now...I just hope they don't go bust before I get my money back!! As always Dougal

Good morning everyone, I am wondering if the provisions relating to an 'Unfair Relationship' (S.140) as far as the financial world is concerned extend and include the following: When taking any financial case to court (i.e.: suing your bank/ lender), a litigant in person is immediately (usually) placed in an 'unfair relationship' because the defendant will usually instruct Counsel. If this does not fall within the definition as above then is it contrary to the European Convention on Human Rights? Any thoughts on this? As always, Best wishes, Dougal

Evening, It is possible that you may be right...obviously I do not have a crystal ball. BUT if she does not try to get the Police interested - she will never know. I still believe that on the evidence they may well take the case forwards - IF they do so then this may be enough to cause a great surge of fear (he said hopefully) amongst these charlatans that seem to think they are above the law! NO ONE is above the law. Dougal

Hello (again) I am unable to agree that we are 'more or less' in agreement. Perjury is a very serious offence, I grant you, but the chances of a Fraud prosecution being successful are much higher in my humble opinion. Best wishes Dougal