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TOMMIEBOY

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Everything posted by TOMMIEBOY

  1. This is partly mine fault but would like some advice, basically someone bought a item from me and i somehow got them confused with another buyer so sent them their item and the other buyers item. Now both were delivered on the same day and signed for, as soon as i realised i ask them if i could send a returns label for the wrong. This was the day after both were delivered however the receiver claims to have kept their item and binned the other one which is very unlikely as they both had the same labels on with my return address. Just want to know if its totally my fault and just take it ( £250) or if i were to take court action would i have a chance ?
  2. TOMMIEBOY

    Appeal dvla fine

    Hi guys sorry if this is the wrong place but hopefully someone can help me I sold a car on ebay to a dealer who picked the car up and filled in all the paperwork and handed me the yellow slip of the logbook telling me they were a trader so i had to send that part off. This i did via first class mail I also cancelled my D/D for the road tax and all was good until i received a letter to say my D/D had failed and as my car was no longer taxed i was being fined £80. So i wrote back telling the DVLA i had infact informed them as above, next i get a letter to say the fine stands unless i appeal which i did. I appealed on the grounds i sent away the log book and cancelled my D/D and included the receipt for the sale of the car, also proof that i changed my insurance over to my new car and the receipt for the new road tax on my new car. My appeal was rejected on the grounds that while i considered that i had fulfilled my legal obligation by course of post under section 7 of the interpretations act 1978 DVLA consider it is not enough for a registered keeper to just state that they are compliant. They then go on to say there is no legal liability for me to chase up an acknowledgement letter and they accept that however its a legal requirement that i ensure the car is taxed. So they have given me 5 days to pay the fine or take further action and they consider the matter closed. So is there anything i can do ?? thanks
  3. The signed notice they did have looked made up a fact i pointed out in my defense, it was on plain paper with no company heading of the OC and a photocopy signature that had clearly been cut/pasted as it was at at angle !!
  4. Really could not tell you Lowell quoted the property act and the judge can back with sub section of this and that it went over my head. At the end the judge said it was up to Lowell to provide her with absolute proof they owned the debt and the only way was sight of the deed
  5. Sorry could not catch all the sub sections but her point was Lowell had to satisfy her that they owned the debt and she would be happy to look at the deed in private as the court wanted absolute proof No the deed was the first point the judge wanted sorted when Lowell refused she dismissed the case They did have a signed notice of assignment from the OC
  6. Thanks No the Judge said of her own back that Lowell had to prove to her they bought the debt and the only way they could do that is with sight of the deed, the Lowell solicitor came back with the "property act" ? but the judge just came back with "prove it"
  7. Hi guys just back from Durham County Court with a victory over Lowell and it seems i found a Judge who would not be told the law. My case was around a 5 year old debt that i was being chased for but was not mine, Lowell issued a claim despite me sending them a letter to deny the debt. Once i had the claim i sent off a CCA request and it took Lowell 67 days to send some of the information asked for and in this case the Deed of assignment was asked for but Lowell refused and instead sent a hashed up copy of a notice of assignment claiming the Deed was between them and their client. I scanned this forum and got some good advice but the advice was split regards the deed with some saying it does not need to be shown and others saying it should. Well today the judge rather slapped down the Lowell solicitor who told her she had no need to see the deed as the letter of assignment was proof enough. The judge came back with a raft of legal points before dismissing the case stating without the deed Lowell could not prove they owned the debt
  8. Not sure will have to ask her wouldn,t mind not even her debt her ex left after taking out loans in joint names. She has told them i paid it off but they would details of my account which i am not happy giving people and not really sure they have the right to ask, money was transferred from my bank to the loan company
  9. Hi looking for a bit of advice but not sure if this is the right place. Long story short is i paid of my daughters loan of 7.5k the loan company now want to know where the money came from and are refusing to update the loan as paid on her credit file and will not close her account. She told them i paid it off but they want details of where i got the money from, now i can show them but why should i Thanks for any advice
  10. Thanks for the reply i did request the costs in court but the judge did not feel they had the power to do so, my main issue is after the first court hearing the council could have withdrew the summons but chose to make me attend court again
  11. Need some help please a few years ago i could not work and fell behind with my council tax and was taken to court which was my fault and i took it on the chin and agreed to pay the arrears off at £100 per month this plan is up to date and has never been missed. However the council use the same agreement number for arrears and the currant years tax and this is where the problem is. I was sent a letter to say i had missed payments on the currant years tax which i had not so i spoke to the council and they said they would sort it, next thing i know is a summons is at my door. So i attend court and provide receipts that show all my payments have been made both on the arrears and on the currant years so both are up to date. The council do not take records to court so could not comment and asked for the case to be brought back to court in a months time. So i attend court again and the council admit they have taken this years payments and taken them off the arrears along with the £100 i have been paying for the arrears. The summons is withdraw so i have now had 2 days off work travel to and from the court because the council made a mistake. I find it hard they they could not have withdrew the summons the moment they found out saving me a day of work and trip to the court so i am planning to sue them for the cost of my days work and travel to court
  12. Ok guys a update for you but first i must thank you all for the good advice. I have today finally got all my money back PLUS £200 from Barclays and £100 from Nationwide. To be honest the last 4 weeks have been a nightmare and it looked bleak last week as my claim was denied as Barclays said they were unable to find a purge on the system and left it to Nationwide to inform me which they never. However because i emailed Barclays CEO a very nice lady from his office rang me to inform me that " subsequent evidence came to light" and my money was stuck in a part of the machine that was initially overlooked and they immediately transferred the money back to the Nationwide and she had spoken direct to her counterpart at the Nationwide and they agreed to transfer it back without delay. The funny thing is Barclays kept me more informed than my own bank and indeed i already have the £200 from Barclays and only a promise of £100 from Nationwide
  13. There are a few financial losses the first not being able to get to work on the day due to not having any money, then there's all the phone calls and its not just financial losses if it was the other way round Nationwide would be charging me £5 per day !!
  14. Thanks for the rely, i sent another email only to be told Barclays have 20 days to reply to the Nationwide and then it will be another 4 working days before i am told of the outcome and then 2 working days for the money ( if they agree ) to be put back into my account making a total of 32 days from the date they took my money. Clearly i feel i have been let down and more to the point i have been lied over and over so i will be looking at taking county court action any tips
  15. Thanks for that i have done that and had a reply for Nationwide nothing from Barclays Thank you for your email addressed to Graham Beale, our Chief Executive, from which we were sorry to learn of your concerns. We are arranging for your complaint to be investigated, and a response will be issued by an appropriate senior manager shortly. Yours sincerely Glenda Laurie Executive Assistant Executive Team Member Service Department
  16. Sorry i have not been back for a few days, I am still without my money been into the branch today and was just fobbed off. My bank say they are still waiting for Barclays to get back to them and hope to have the matter resolved by 30th March which would be 5 weeks short of a sit in there was no much i could do at branch. Just getting anger at the lack action
  17. Sorry for not getting back sooner but it has been very stressful, I took your advice and took a letter into branch and it worked to the point i got a phone call from Nationwide but it was to point out in cases of non fraud like this they do not have to refund while they look at the matter. So i rang the FSA to ask for advice and they have said the same thing that i will have to wait the 14 working days as it is non fraud and looks like machine failure. I have come to terms that I will have to wait but it has caused me stress and and put me in a bad place money wise having to borrow from here and there so my next question is if Barclays say it was down to machine failure would i be entitled to ask for compensation ?
  18. Thanks for the advice just been on the phone and the girl had never heard of the 2009 Payment Services Directive and insisted i had to wait 14 working days. So i said i wanted to make a complaint but they do not start until 10 so someone is going to ring me back
  19. Thanks i am with the nationwide i did complain to them but i think i have been fobbed off as they have told me i must wait
  20. Just to update everyone ( sorry it took so long ) It went all the way to county court and PC world did attend, the judge found for me and awarded me the full amount plus all costs. In his judgement he was concerned that PC World had tried to pass the buck onto me and commented on the paperwork overkill saying he felt it was in his view an attempt to overwhelm/confuse me.
  21. Hi all some advice needed, last Thursday went to withdraw £350 from my local Barclays at 6am only for the machine to make lots of noise then "Thank You" and the cash draw opened and closed with no cash. The machine then displayed "out of order" so i went along to the next cash point but the £350 had been taken from my account. So at 10am i went into the branch and noticed the cash point was still out of order the cashier told me there was indeed a problem with the cashpoint and the withdrawal should right itself overnight it was not there in the morning so went back in only to be told i should contact my own bank. On doing this i had to answer lots of questions and was then told it would take up to 2 weeks to resolve the matter as they had to contact Barclays and wait for them to reply. Now £350 may be nothing to some but this was my weeks wages and i have bills to pay and shopping to get in my bank say they have to wait for Barclays and Barclays are saying they have to purge ? the cashpoint no one seems to care i have been left with nothing what can i do
  22. Thanks for the reply i have been doing a bit of digging around and found out some more information, I should have registered with the hospital security staff and would need to do this on a phone found somewhere in the hospital. I also found a local paper carried a story about this car park and it would seem parkingeye put the signs on the ticket machine but if you use a blue badge you do not need to go to the ticket machine so would never see the sign
  23. POC are Claim for monies outstanding from the defendant as registered keeper in relation to a parking charge,issued 30/01/2013 for parking on private land in breach of the terms and conditions ( the contract). Parkingeyes automated number plate recognition system monitoring Sunderland royal hospital Kayll road captured vehicle xxxxxx entering and leaving the car park without a valid paid parking ticket. The signage clearly displayed at the entrance to and throughout the car park states that this is private land is managed by parking eye and is a paid parking site, along with other T+Cs by which those who park on the site agree to be bound. In accordance with the T +Cs set out in the signage, the parking charge became payable. Notice under the protection of freedoms act 2012 has been given under sch 4 , making the keeper liable. As it was so long ago i do not have the letter i sent to Parkingeye but it was along the lines of. The car was driven by wife XXXXXXXXXXXX and i am the keeper however the car was parked in a disable bay displaying blue badges. The car park is FREE for disable users who park in bays and display badges the signage clearly states this and my wife was unaware of any signage saying disabled badge holders were to register
  24. Hi it was back in 30/01/13 in a Sunderland hospital car park which changed over from free parking for the disabled to having to register your car if you were disabled. The wife did not know this so parked in a disabled bay displaying blue badges and the car is listed with DVLA as disabled, a short time later we got the parking charge so we wrote to parking eye to explain and nothing until this Friday. We have court papers from Northampton and have logged in to file a AOS yesterday, the papers look like the standard i have seen posted on here ( sorry i do not know how to upload ) Also the car is in my name as is the summons however i did tell parkingeye at the time i was not driving at the time Is there anything else you need
  25. When i first got the charge i told them what happened and heard no more and this was back in Jan 13 nothing since that date i have filed a AOS to give me 28 days to defend the claim so looking for some info to include in my defense
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