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timwils

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Posts posted by timwils

  1. I was due to got court (alloc hearing) next week, however i contacted abbeys solicitors, and said i would be willing to settle out of court,(inother words i offerd an olive branch) i recieved a cheque today for what i had claimed plus court fees etc. :D

  2. This is one of the first cases is tudied when i was studying law hope it helps.

    Donoghue v Stevenson [1932] the founding case of tort law.

    Claimant had gone to a cafe with a friend, who had bought her a drink of ginger beer. She had poured some of the drink into a glass and consumed it. When she poured the rest she found the decomposing remains of a dead snail.

    Claimant became unwell and brought a claim of tort negligence against the manufacturer.

    Because this was a unique case it was decided to first establish if it was legally possible for the manufacturer to be liable in law. This meant that the House of Lords considered only the issue of legal liability (the H of L referred the issue of factual liability back to the court, in which the case was started, so they can determine the facts within the case - e.g. was there a snail within the bottle and whether the manufacturer was negligent etc).

    However, the House of Lords did decide that the manufacturer could be liable in certain circumstances. In deciding the legal principles, Lord Atkin commented:

    "The rule that you are to love your neighbour becomes in law, you must not injure your neighbour: and the lawyers question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then is my neighbour? The answer seems to be - persons who are so directly affected by my act that I ought reasonably to have them in contemplation as being affected when I am directing my mind to the acts or omissions which are called in question."

  3. I applied to my county police hq and applied using data protection act to see what the police held on me. i also asked them to search the national police database as well. it cost me a tenner in total.

    If you want to find other info there a couple of ways to go about it, you could contact the forces professional standards dept or enquire under freedom of information act. although due to "operational and other reasons" they (the police) will sometimes refuse to give it to you.

  4. Thanks for that,

    below is a copy of the letter i sent to them in august. but they have failed to respond.

    1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £2 postal order in payment of the statutory fee,

    2. You must supply me with a signed true and certified copy of the original default notice

    3. Any deed of assignment if the debt was sold on

    I would request that this data is provided to me within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

  5. Could please someone help me with the folowing:

    i sent T-Mobile and Woolwich requests for original agreements and default notice.

    T_mob have failed to send anything, whereas Woolwich bank sent me a copy of termination notice,

    i am minded to got to court, as 28 days have passed (CCA 1974 ) but unsure of template.

    Help.:confused:

  6. Capital one have sent me a letter to offer me a refund of charges applied to my account , which is currently at about 493, they have offeerd to refund me what i am claiming at court, 383, which is quite handy, so i shall probably accept with certain stipulations, removal of default. etc.:cool:

  7. i hassled abbey and my statements came today, i thought it was quite amusing, when i read that the debt collectors had came to my house, and i had "allegedly said i will set the dogs on you". seriously though its quite frightening what these companies write about you.

     

    I sent off for my data on 4-08-06. they finally turned up when i threatened abbey with action via the ico.

     

    how to complain

    http://www.ico.gov.uk/eventual.aspx?id=32

     

    :cool:

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