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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

jackreacher

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Everything posted by jackreacher

  1. jackreacher
    Great result..really pleased for you.
  2. jackreacher
    Aah! mate so pleased for you.. worth the effort after all. Relax now & enjoy the weekend.
  3. jackreacher
    Hey your knowledge is invaluable despite tardiness. This is how I have won so many legal challenges and set legal precedents. Not just those in my in my link. all representing myself. My interest in this case is not for myself but to understand how Cardiff can have such a high rate of speeding capture on two cameras aprx a mile apart, compared to the rest of the speed cameras in the country. Then I would be correct to presume it was dual carriageway and as there were no speed signs and it was not a residential area and the national speed limit is 70 and I was doing 38. As i drive for a living i have my own understanding of the law but it may not be correct so asking questions no matter how simple helps me to the answer if indeed there is one. My own opinion is Cardiff are using this as a cash cow and may or not be acting within the law.
  4. jackreacher
    Hi Raykay, Excellent always good to know one way or the other. Where legally do I stand regarding, whether there does need to be a speed notice in place despite the street lights as indication, given that it is not a residential area? How would I know it is not a motorway as it is 3 lanes wide and their are no speed signs.
  5. jackreacher
    Hi Tony, I totally agree with where you are coming from but that can't be strictly true as some motorway stretches etc have 200 yrd lights and no other speed signs. In one of their responses they actually say " that once they have indicated what the speed limit is (which I can not see) as long as there is the street lighting it is 30mph and they do not have to put any more speed signs up. However I am also unsure if the lighting rule only applies to streets with houses? I just thing if 5000 a year are getting stopped on this one and another 12,000 stopped down the road there is something amiss! I believe the law only allows Speed cameras to be put in accident blackspots ...is this really one? Ever?
  6. jackreacher
    Right coming back to this as I recently went back to Cardiff again....Newport Road A4161 / Rover Way junction Coming off the dual carriageway down to the roundabout and heading into Cardiff past the retail sector...there are no speed signs up until 5 meters from the traffic lights where 1 30mph sign is fixed at a 7ft height. Given that the road is 3 and 4 lanes wide it is legally a dual carriageway at 70mph. If it wants to be 30 mph it needs to say so between the exit of the dual carriageway and the main road into Cardiff and a good warning distance before the Gatso. In my opinion there also needs to be speed signs in the outside lanes of the dual carriageway. Not only is it unsafe to look so far across but there may well be a van or bus blocking your view. I believe it also fails as if you are in the 3rd and 4th lane you are expected to look onto the grass verge upon a tree to see the said 30mph sign. This is clearly unsafe and more akin to private clamping companies tacticts. If someone living in Cardiff could double check this it would be appreciated. As I may well now challenge on the above grounds. Regards Jack
  7. jackreacher
    Sorry DB just spotted this..lol yes I do have it in writing that this is the end of the matter. They are still pursuing me through a debt Agency. Not replied to anything.. It was all SCM and dodgy paperwork so let them come again as you said in your previous posts. Hope you are well and thanks once again for all the great help over the years.
  8. jackreacher
    Thanks DX. Yes..I agree. Just thought I would follow cag guidance always served me well in the past.
  9. jackreacher
    can anyone point me in the direction of the latest failure to comply s78 request template please. I have looked ..promise.
  10. jackreacher
    Blimey! I to thought it was going for mediation. Please give fuller details including where you think your case failed. Did you take your own statements/ evidence in to show you hadn't made payments?
  11. jackreacher
    Thanks for sorting out my very confused mind..lol. I and others hopefully can give it some further thought. I know your WS has to be in by Monday... You have something to send in so just have a look around for overdraft threads sb threads see if anything catches your attention. You wont find a template as every case is different although most main points remain the same
  12. jackreacher
    I would make it clearer to the court that you have asked the claimant for proof of where how and when the alleged payments were made. You vehemently deny you have made those payments, you have checked all your accounts for that period, you have accurate records and no payments have been made by you. The claimant has failed to comply with your request to supply the requested information. The whole SB case rests on this information being made available by the claimant. I would ask the Judge to order them to supply it. Do you have your real bank statements for the time these payments are alleged to have been made?? please answer!... I see in post 5 you say you were sent them so best to confirm.. At post 110 you have uploaded some documents.. are these what they have supplied under the CCA request? did you do a CCa request (haven't time to read the whole thread again) on the grounds they have stated in their solicitors letter it is a credit card account.. Have they sent you anything else regarding the Agreement that you haven't uploaded..its difficult to help without fuller knowledge. They are saying that I have requested (I haven't) and they have checked with Santander who have confirmed the payments were when they referred the debt to other debt collectionicon agencies (and they have named these in the letter). I just don't get all this. If you paid a DC how did that payment end up as coming from you? On mine a Dc payment account was set up. I don't know if this originally started as a Overdraft at 16 or student university account at 18 or a credit card as n the solicitors letter. You need to be accurate with your own beliefs of what is happening here. I have very little knowledge on overdrafts ... ??? help is on its way. I would be very tempted to push the proof issue and make them sweat ... and work towards a very low one off repayment! regards Jack
  13. jackreacher
    So if it goes to court you must take your bank statements with you. It would be beneficial if you can find statements that show you paying them and statements from the same account for the questionable period showing you haven't! They have probably supplied you with them in their evidence.. use their evidence to make your case a the judge would have received the same. If they aren't appearing you will have thrown a big spanner in their case.
  14. jackreacher
    getting interesting...But Andy etc can't help without you scanning up what you have. Don't worry about them watching here you are only providing what they have sent you.
  15. jackreacher
    Well if they can't provide one as evidence the Judge will find it peculiar... argued properly it can save the day. the statutes are mainly there to protect us the consumer.
  16. jackreacher
    the FRC contains the main important (prescribed terms) points and are always part of the signature agreement or the agreement irredeemably fails. So check if your original statements % match the illegible FRC. Because they have not supplied you with the full set of accompanying terms and conditions from when you signed the agreement they are still in breach of the s78 CCA. So yes there should be more! Its illegible .... Its the most important document in the case and no one can bloody read it. Each and every word should be legible. The judge will know this but you provide the statute law any way. Google it it is simple. Bank fodder is correct..Estoppel is a really good defence and one that Judges fully understand. The full set of T&c's are from 2011 or whenever ignore for now. The Default Notice deny you had one make them provide one?
  17. jackreacher
    the illegible ones are the originals. ..the readable ones are the modern ones at close of play.. They have still not supplied your full set of terms and conditions to your original agreement. They have supplied the signature page and the short FRC finacial related conditions ...there should be several more pages setting out all the terms and conditions. Really Scrutinise para numbers . .check anything you can read ie interest rates against each other and your own statements . these documents nearly always have mistakes in them. ..don't be lazy on this, it could be your salvation. I will have another look later.
  18. jackreacher
    Glad you kept 3 points off. When I drove through there were road works with 30 on, and wrongly i presumed it was just for those works. I have the photos and one car is clearly moving faster than me nearer to the camera. I wonder if they got a ticket as well. I drive for a living and have rarely been as confused. Anyway it is what it is and hopefully I will get the course. Oh and I have sent the form back twice now and its not been received ....although an accompanying letter asking for the photos was received! ?? I have phoned and spoken to them to complain.. They said I had to comply by the date which I have apparently over run. However I correctly informed them that the form supplied which I have a photo copy is over written and you can not read the date therefore no offence can have been committed. They agreed they knew about the overwritten date so had to agree. Nice to get a small dig in! Not sure if you have seen my success in the consumer credit courts. ..
  19. jackreacher
    I have ..just peed as it was a genuine mistake. Hope for a course as I drive for a living. No points in 20 years.
  20. jackreacher
    Exactly!!!
  21. jackreacher
    Just got done same bloody spot... 37mph, thought it was a 40. no houses or signs that I could see but there were road works in August that may have confused me. Would love to fight this but nothing to go on!
  22. jackreacher
    Earlier you stated the letter was around July. I understand you now believe it to be the end of 2009. I have never defended on this point of law but believe it to be the last acknowledgement Andy O will be more knowledgeable than me. As this letter was to Egg it may no longer be in existence so cannot be used as evidence so forget it unless raised . I would do a SAR request where this information will be available to you.
  23. jackreacher
    Statute barred. However try and find your bank statements in case they invent some dodgy payment receipt.
  24. jackreacher
    have the agreements DN etc been posted as I cant find them. Happy to have a look . Regards Jack
  25. jackreacher
    well done you and a good solicitor is worth it if you are not confident.

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