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Weird Al Yankovic

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Everything posted by Weird Al Yankovic

  1. I guess so. It's a toss up between financial struggle v public service. I may just have to send your letter and hope for the best and then pursue with the OFT. Thanks for your help.
  2. Hello Vamp, Weird Al here. I think it has already been proved that an application is not an agreement, but maybe somebody else can confirm. As for 'it's' terms and what they mean-you may have already answered your question. Just how does one know what they are unless you receive them? If your creditor is adamant that they will default you and take you to court because that is what the terms say, then why can you not argue that you agreed to terms that allowed you a 12 month payment holiday should you run into financial trouble? Unless the T&C's are produced then why should a Judge side with one and not the other? On what basis could he do that?
  3. Sorry to bother you again tom. Could I mention the fact that it is my very strong beleif, which I have proof of, that it would also be in the public interest for me to gain judgment so that I can follow up a complaint I have with the OFT about this company? It appears the OFT, although interested, are awaiting some solid basis to get involved as there are several claims going in to the courts about the same complaints against this company.
  4. Wow, excellent! Thanks buddy. What are the chances of the court agreeing to this tom?
  5. Another obvious pointer is the clearly unambiguous statement, normally where you sign, that 'sign only if you want to be legally bound by this agreement and it's terms.' Somewhere else the agreement will also state 'please refer to T&C's,' about most anything. By signing you and the creditor are legally bound by the agreement and terms. An example of a term is that the creditor can demand full outstanding payment upon a breach by the debtor, normally non-payment. Every single one of mine contain this in the T&C's. Egg are now stalling with me because I sent the above and CapQuest have gone silent for over a month. It appears T&C's are indeed very important. How can you file a defence without refering to them?
  6. Then how can you be expected to adhere to something you have no knowledge of because you are unable to refer to it? Also, how can something be enforced, via T&C's, that the creditor obviously seems unable to refer to? Did your T&C's contain a clause that in the event of being unable to meet repayments Egg Plc will allow you a 12 month repayment holiday? Ask Egg to prove that it didn't.
  7. What I am trying to demonstrate is that a fag butt is seen just as bad as a black bag full of plastic, which I gather takes thousands of years to decay, as the fine would be the same. Will I get the same punishment for avoiding £400 in tax or for £4,000000? Litter is litter is the same as avoiding tax is avoiding tax, only it isn't. Therefore, how can we be critical of a bank if they say ' 1p over is £100 over' because society seems to agree with that notion as per dropping a fag end v amounts of plastic?
  8. Buzby, I hope this is taken as debate & discussion and not as anything else. Just wanted to say that as I'm new here! I agree that litter is annoying and quite disgusting. What I cannot agree with is the level of fine for what really is only very minor in our society. I bet that certain criminal acts have gone all the way to court and conviction yet the fine will not be £50, especially for somebody on the dole. How on earth can dropping a fag butt be justified at the level of £50 in the greater scheme of things in our country in this day and age of increasing violence? I walk past my village police station each day and there are nearly always two police cars parked on the pavement due to narrow lanes and a small car park. Work out for yourself the level of fines amassed in just my 7 years of living here. Nothing will happen or has happened because they are police and parking on pavements is rarely enforced, in my part of the world anyway. It's just tolerated and nobody says anything. Yet if I again walked past the police station and flicked a fag butt I would most probably be issued with a fine! But a mother with a pushchair will have to walk on the road around the police cars at a blind spot with a fairly busy road and my fag butt may have disappeared down a drain. What should be most at issue here!? Either everything is not tolerated or everything is. Why single out something that, really, is quite insignificant?
  9. I'm sorry to disagree Bookworm but I'm not aware of every 31 mph being prosecuted, every car with the slightest part of a tyre on a pavement being booked or of nil alchohol being for each and every one of us! Buzby- This is my point of zero tolerance-it would cause chaos and there would not be enough courts, staff, money etc to enforce. So why is this policy ignored with a single cigarette butt? The offender is responsible for that single butt discarded not for all the butts on the streets-thus it's very minor. Should one person be liable for everybody speeding? The fact is that there are levels of tolerance to certain acts. The less serious is dealt with appropriately and the more serious more severe. Was it Durkeim's 'Society of Saints' which can be interpreted in this scenario. A fag butt is litter so the next logical stage would be that fag ash would be litter in years to come as society becomes more of a police state. Bank charges? Your opinion would suggest that a 1p overlimit is as bad as a £100 one. Just don't tell the banks of your reasoning! As I'm sure this is their's already!
  10. How can a fine of £50 be justified for what is, as litter, very minor? There is no obstruction caused, one butt is hardly a blott on the landscape and probably not noticable unless you looked for it and it will waste away quickly by the elements. Yet I imagine a black bag full of plastic would receive the same punishment if left as litter. What happened to the punishment fitting the crime? It's because smokers are regarded as lepers and a load of pc nonsense. The law should be that the butt should be picked up by the user and put into a bin. Only if they refuse should a fine be levied. This example of zero tolerance is completely unfair. What next? 1 mile over 30? Fines for every car with a wheel on a pavement? Nil alcohol on breath where your cough medicine could lead you to lose your licence, job, home, etc It's the rocky road and should never have been passed in this way.
  11. Oh, and the T&C's contain the Cancellation Rights, Data Protection etc. How would one know what one has agreed to without being furnished with said document?
  12. Hello V, may I call you V? I had the same agreement sent to me by Egg, via CapQuest, on the 13th working day of request, and I waited until the offence period was up and then wrote a letter back to CapQuest. In this I stated that no T&C have been sent so I am at a disadvantage to prepare my defence at their threat of court action. After all, the T&C are clearly stated by Egg as forming part of the agreement, (check your's where you signed), and I gather they also form part of the prescribed terms in any case. I then asked for both, CQ & Egg's, complaints procedure and Capquest have now said my account is on hold while an investigation gets underway by them both. As far as I'm concerned, and hopefully the law will recognise, they need to re-enforce the debt and they have committed an offence. Could try this route.
  13. Hello all. I'm Weird Al and new here. Could somebody please advise? Can a defendant apply for a second set aside for the same reason as given for the first set aside-namely-that they haven't filed a defence? If this will be granted again then surely there must come a point where the Judge has to say enough is enough. Thanks.
  14. I'm Weird Al and I'm pleased to meet you all.
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