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Everything posted by banjo67xxx

  1. I've found the agreement and its starts on page 1 talking about Zenith as a credit intermediary, then on the top of page 2 it says "fixed sum loan agreement regulated by the Consumer Credit Act 1974". So, is this a personal loan because it says "fixed sum loan", or does section 75 apply because it specifically states that the loan is regulated by the CCA?
  2. The documentation from Barclays Partner Finance and from Zenith Home Improvements specificaly mention each other, so I would have thought that this constitutes a restricted agreement under section 11b, and thus regulated under section 12b, and thus applicable to section 75. But to be certain, please can you explain how I would tell the difference between an "HP" agreement and a personal loan from Barclays Partner Finance? TIA Banjo
  3. Thanks - I'm certain that Barclays are jointly liable for all £12000. The question is, do I have to fly all the way to London for a court hearing, or can issue proceedings locally here in Switzerland? The second question is, do I have to issue proceedings in German, as I live in German speaking kanton? Thirdly, as I cant speak German fluently yet, can I drive an hour down the road and issue proceedings in French in the next town? Its all down to how you interpret article 15 of the Lugano Convention. The contract was for a loan repayable in installments for the sale of goods AND the
  4. Thanks. I've now found a copy of the treaty http://ec.europa.eu/world/agreements/downloadFile.do?fullText=yes&treatyTransId=13041 Its not clear whether or not article 16 applies "a consumer may bring proceedings ... in which that party is domiciled or where the consumer is domiciled" or article 5 "the place of performance of the obligation" Article 15 makes it clear that if the contract was for provision of goods under finance, that article 16 would apply, but its not clear regarding the provisions of services under finance.
  5. Hi, I took out a home improvement loan with Barclays Partner Finance for £1000 in the UK, and the home improvement company caused £12000 of damage to my property and neighbour's properties. I filed a section 75 claim as well as a complaint to Zenith Home Improvements. Zenith did promise to rectify the problems, but have failed to deliver on those promises. Barclays seem to think that they are exempt from section 75, and have sent a DCA after me. In the middle of the dispute I emmigrated to Switzerland. I see that the Lugano convention states that Barclays are obl
  6. Solution: Bournemouth & West Hants Water (SEMBCORP) and myself negotiated a compromise I filed an N244 and when I got to court found out that the process of setting aside bars the plaintiff from resubmission, so the judge wanted to hear a defence and counterclaim on the same day. There were some issues regarding the timeliness of my application, the courts records of the judgement had been incorrectly entered onto the computer, and so the judge requested that we needed a full 1/2 day hearing to be scheduled at a later date. The water companies lawyer said that they didn't want an
  7. Solution: Council refused me my day in "court" (PATAS) and agreed not to contest the matter after I wrote this letter At the time of parking I was unaware that I was doing so during the operational hours of a no waiting restriction. I do not recall seeing any traffic sign that conveyed this. I have since learned that the location is within a controlled parking zone (CPZ). When replying to this appeal, it will be helpful if the council confirms all those roads where the relevant CPZ entry signage has been placed and when the signage was last inspected and confirmed to be fully pres
  8. Hi, I have read here that any acknowledgement of debt after the date of a default would reset the 6yr limit for statue barring. However, I wrote a letter in 2009 complaining that there was no alleged debt from 2007 and demanded that RBS remove the default from my credit reference file. RBS refused and I complained to the FOS, but was unable to provide sufficient evidence so the FOS didn't uphold my claim. Its now 6yrs since the original default, and Experian have expired it from my file. In 2009 I also wrote to Arrow Global asking them to stop harrassing me for t
  9. I paid them £1000 for lifetime CTL, did change of address effective last year, a few months later applied for a 123-card at which time they corrected the date I moved into my current property to 4 years ago to match electoral role. 123-card accepted, and mortgage division never noticed. RESULT
  10. Don't tempt him! He's the sort of person that would! If he wants to police the speed limit, then encourage him to join the police force. He'd soon learn that there are many more serious offences than speeding.
  11. Speeding and driving without due care are seperate offences. You can commit one crime without the other or both at the same time. Your attitude implies that you dont believe you are breaking the law, and that obstructing the highway is perfectly safe, which it most certainly is not. By infuriating your fellow criminals (by which I mean the speeders) you are more likely to cause them to make mistakes and that endagers people's lives a lot more than they do by just going a few mph too fast. To demonstrate the difference in attitude: the last time I was handed a FPN for speeding, when a
  12. That's the sort of attitude that deserves a FPN for driving without due care and consideration. Although technically you are correct, ACPO guidelines suggest allowing 10%+2mph for people breaking the speed limit. It would be interesting to see if ACPO produce some guidelines on length of time in the middle lane, distance from a vehicle in the left lane, and whether or not there is a requirement for another vehicle to need to use the right lane to circumnavigate the inconsiderate so and so's.
  13. I would point out to Sky that as they were in breach of contract by failing to provide service, that they effectively terminated the contract and not you, therefore the clause relating to early termination charges is not applicable. If they refer to a DCA, then just tell the DCA that as a dispute exists between you and Sky, that any action by the DCA is illegal harrasment, and that this will be your only communication with them.
  14. Thanks again 45002 From the LLZ forum I have been given the advice that for tenancies prior to Oct 2010 then the occupier of the premises is the liable person, full stop. The Flood and Water Management Act 2010, states that LL is only liable if they fail to provide the water company with the tenant's details. As my tenancy pre-dates the act, I have quoted section 144(1) of the Water Inductries Act 1991 which states that the occupier is the liable person.
  15. The letting agency did tell the water company direct, and I have proof of that. I don't believe a new occupier needs to sign a contract in order to be obligated to pay for the utilities they use. When a previous tenant leaves or when you sell a house, you simply cease to be liable by writing to the water company to inform them of the fact. The letting agency wrote to the water company to tell them I'm no longer liable, so I would have thought that ends my liability. The only difference here is that I still have a connection to the property by being the landlord, and so if the te
  16. Thanks for the clarification, and advice. BTW, I have found some non-UK sites which suggest that it is a general principle that landlords are not the "users" of a utility and so cannot be held liable (except in Torronto where they have specifically rewritten the law). Do you know if landlords can be held liable in UK law?
  17. Solution: Santander say they will happily let me stay on the same excellent interest rate if I apply for CTL. I have 3 choices: (a) 1 year CTL for £495 (b) 2 year CTL for £795 or © lifetime CTL for 1% So I'll just go legit and hope they didn't notice
  18. Hi, I've recently obtained a full credit report and discovered that Bournemouth & West Hants Water managed to get a CCJ against me for my tenants bill without my knowledge by serving a summons to an address that I no longer live at. I have disputed the debt with them and they say that if I had informed them that the tenant had moved in within x days, then they would not hold me liable however they appear to have lost the letter. Is this indemnity a legal right? or is this just something in the water company's Ts&Cs? As the water company had 2 letters (I have copies, but
  19. As a police trained driver you should know better, as T.C. says. I would feel safer in the left lane, as in fog I prefer to drive at a speed where I can stop within the distance I can see ahead (although that's difficult to judge so I probably go faster than that), and there's too many superheros in the middle and right lanes who have X-ray vision. Also, I'm closer to the hard shoulder if the need arises. Although even then, if I needed to stop to avoid an accident I'd prefer the grass on the other side of the hard shoulder, better still, in thick fog where people have already crashed I'd
  20. Damn democracy!!! Unfortunately, democratic government cant make such hard choices. I do like my freedom of speech, but I can see that totalitarianism does have some practical advantages (I'm not saying I agree with it - don't come round my house with burning pitch forks, I respect human rights too)
  21. No, I've been driving up & down the M3 & M27 every weekday during rush hour since '96. Luckily these days I've moved closer to the "Silicon Valley of the UK" and only have a short journey along the M3. Personally, I look ahead for a few seconds, then glance centre mirror, ahead a few secs, glance right mirror, ahead a few secs, glance centre mirror, ahead a few secs, glance left mirror, and so on ... Even if there is someone doing 140mph I'll be aware that they weren't there last time I looked and now they're only 1/2 mile away and realise that they are seriously speedin
  22. Sorry to be harsh on you as you've not made many posts on this website, but the law is designed to make people like you change your unsocial behaviour. You idea is unworkable because of HGVs, and seriously you should consider taking lessons in motorway driving. On motorways you should make very gradual changes of direction and mirror-signal-manoevre doesn't mean you are committed to the manoevre once the signal is made, so you should be able to avoid the situation you describe simply by signalling for a second or two before you start to move, then move slowly towards the middle lane,
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