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Everything posted by brechiner

  1. I overstayed in a Morrison's car park in Peckhan S London and received a fine of £40 if I paid within 14 days. I waited until I received a reminder then I wrote to the parking enforcement company (called parking eye). Stating that under constitutional law they are breaking the law by demanding money from me before any court conviction (bill of rights 1689) and any claim they had would be null and void as they had demanded monies from me. As they had written to me twice I had to advise them of the terms and conditions of writing to me, which are thus: I will accept two free letters but any third letter received; would trigger the acceptance of the fact that they would have to pay me an admin fee of £50 per letter, but the third letter would also be a free letter unless I received a fourth letter related to this matter. In which case I would have to charge for ALL four letters. I would invoice them and request payment within 7 days otherwise court action would follow on the 8th day. The terms are fair under the Unfair terms Act 1999 as this is for my time and expenses. Any fifth letter would trigger a harassment action under the 1997 Protection from Harassment Act, which I would be entitled to claim £5,000 in damages for mental anguish. Funnily enough every time I get a ticket and a reminder, I NEVER receive a third letter, as they (parking agents/councils) are really concerned that I would go for it.
  2. I have a personal loan with them and I pay back £2 a month after pleading poverty. If you offer something, no matter how small, the company concerned will have a hard job taking and winning any court action.
  3. you suggested that if this was not helpful enough to start my own thread which I have done "That is not the same as a reply to the defence. I checked but you do not seem to have your own thread, you should start one you will then obtain better advice." Your words
  4. did you find any answer's as I have a similar doc from above
  5. Does anyone have a valid rebuttal to a CPR 18 against Gnat West? any help would be appreciated
  6. We were requested to answer the CPR 18 after the stay was lifted and we have 14 days Thanks for the info
  7. Are there any defence rebuttals against Gnat West for business customers?
  8. Thanks for that so we can only really use hardship and human rights reasonable timescale to avoid stays
  9. Where does this stand with right of appropriation with regard to benefit account holders? Do you have the name and bank for the Carlisle court case?
  10. makes you wonder which section he was reading because not even the official receiver will touch a penny of benefits which judge?
  11. make sure you vote for an active MP Wilshire's record is thus: Has spoken in 11 debates in the last year — well below average amongst MPs. Has received answers to 15 written questions in the last year — below average amongst MPs. Is a member of 2 select committees. Replied within 2 or 3 weeks to a very high number of messages sent via WriteToThem.com during 2006, according to constituents. Has voted in 46% of votes in parliament — well below average amongst MPs. (From Public Whip)
  12. section 187 Social Security Act 1992 covers JSA, DLA, CHB etc. section 45 tax Credit Act 2006 covers tax credits are the two main laws that deal with inalienablitly to your money every assignment of a charge on a befenfit/tax credit, and every agreement to assign a charge is void. This even covers one in a period of bankruptcy
  13. The interest is only usually frozen if you are in default or a debt management company or organisation has become involved and have specifically contacted the bank on your behalf and frozen the interest. Never assume anything with financial companies
  14. You can add Jim Dowd MP Lewisham West and received a response from Angela Knight, which - as usual - failed to answer my question - why are banks illegally taking money out of accounts into which benefits are paid into? Waiting for detailded response but have received an initial one in 3 days. Response will include a response from Treasury and DWP
  15. challenge the stay and quote Section 187 Social Security Act 1992 (and Section 45 Tax Credit Act 2006 - even if taken before that date)
  16. I really did argue unjust enrichment but the DJ asked me for a case heard in a higher court where bank charges had been ruled as an unjust enrichment. I couldn't give him an answer. He said he is governed by the 1984 County Courts Act and cannot award Contractual Interest or 8% compounded. I argued that the Halliday case was an abuse of Court process because HBOS settled the charges but didn't settle the CI but he just said again that he was bound by the ruling of the High Court and that there was no ruling on the charges. He said we had won the 'moral' argument though I have another case very soon so I will just not take NO for an answer and still clearly put across those points again. Maybe we can find out the most pro-claimant District Judges in the UK.
  17. It also means that anyone going after Credit Card/PPI companies can prove unjust enrichment because of the OFT ruling.
  18. Sorry I couldn't bring good news. The District Judges desparately want a case to transfer to the Central London Mercantile Court but even then the banks will abuse the process unless you are incredibly lucky and the miss the case and you get a default judgment.
  19. I was in Edmonton County court today for a friend. We argued absolutely everything (M&R, Custom and usage, fiduciary arguments etc.) and didn't make any headway. I have the following info: Sempra case is NOT relevant for county court cases, NO bank charge case has been decided on in a higher Court than Small Claims so you cannot argue unjust enrichment because the Court needs a ruling either by the higher Court OR OFT/FSA on the legallity of charges. Compound interest is not allowed because of Halliday vs HBOS ruling. This info was given by DJ Cohen who was very helpful and refused to throw out the claim even though the claimant had filed completely the wrong info - mainly because Cobbett's sent a cheque for £1300. The claimant had wanted 29.5% but was only awarded 8% simple. Only going to a higher court will you be able to get CI, charges ruling etc.
  20. Unlawful behaviour resulting in loss of trust, confidence and that their conscience has remained the same while enriching themselves. As it was a Cardcash account we could show 'custom and usage' on top. I also explained to the judge about anticipatory limits
  21. I'm currently researching the BCCI collapse of 1991 and I'll post my findings. As you can recall many people lost their savings and livelihoods when it crashed. These wee people that had trusted the bank and as a matter of conscience lost their money. I was in Court today (Willesden) - for a friend and we argued for CI and our case was not thrown out but the DJ said that there should be a hearing even though the Halifax had paid the claimant the charges +8% and Court Fees
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