Yes thanks for that i have about twelve of those:lol:. RapidShare: Easy Filehosting This link will download the file you need, you will need to open it with "winrar", Cheers kev

You a nightmare...lol:p, Dont think for one moment I going to type that out now, I'm not like you I need my beauty sleep:lol:. Let me see what i can do.

Send me a fax number now, i am still in the office and I will send it over, cheers

Could You PM me a fax number Thanks

Just adjust the S.A.R - (Subject Access Request) to suit who ever your chasing something like this: Dear Sir/Madam ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account) Please supply me with a complete list of transactions and charges relating to my account history with your organisation. Alternatively, a complete set of statements for that period will be acceptable. Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. Yours faithfully, Send to: Virgin Media Legal Affairs Bartley Wood Business Park Hook Hampshire RG27 9UP

Have looked at the letter on the first page of this thread, try this as well also a visit to the CAB could help. In order to remove the goods they have to be levied first which means allowing entry, but unfortunately if you have no curtains they can look through the windows and levy goods. This can be said for vehicles parked outside the house or on driveways, what did he put down as goods levied,

Did you just fill out the means form only or did you send a covering letter with it?

This I hope will form all or part of my defence: EI = Enterprise Inns. 1) On 26th June 2007 I sign a "Tenancy at Will" agreeing to take on the pub in return that there will be work done to correct the electricity as the previous tenants had the electric disconnected and was running the pub on generators and various mains wires were cut in order to connect to a generator. We agreed that there is also remedial work be carried out within a six month time scale all of which has been put in writing. Also the pub was in a bad state of repair which I agreed to put right. In August 2007 we are given the full and proper lease. 2) All was fine then the bad weather and smoking ban took effect the bank started to bounce direct debits which then affected beer orders, inevitably all orders gets put on stop. My BDM Chris E***s at the time gave us permission to get the beer from another source when it was made first aware the beer order was put on stop. A possible breach on my behalf for not having a direct debit in place and buying out the tie with permission? 3) So agreements get made to clear arrears and resume beer orders and agree to pay for beer before delivery. Then we start getting deliveries for beer before we have paid for placing the trade account into arrears yet again. 4) Six months later our business relationship falls apart as the Electrics, gas or asbestos testing has not been done, Contractors and myself have done work on the place using high powered machinery putting strain on the power supply and have been in areas of the building where asbestos is present exposing ourselves to potential asbestos risks. These breaches not only could have negated my insurance but has placed everyone in a vulnerable position with regards to Health and Safety which is covered by the control of asbestos at work regulations 2002. EI rented the building to me knowing full well it did not conform to Health and safety regulations as well as everything mentioned there is no smoke alarms and inadequate fire escape signs fitted and the building is not fit for the purpose it is intended for. I have lost valued custom because there is no adequate smoking facilities outside the pub as promised, and these smokers would prefer to use a grotty pub down the road that has one. Customers are now starting to question where the promised work is and are now looking at me for answers. EI come in and verbally assault me and treat me less favourably because of my colour. 5) My racial complaint goes in concerning this matter, EI send out a new BDM Janis and Area Manager Nick to discuss concerns with Brulines and hit upon my complaint, the summary of this meeting was we will look in to the racial complaint and suspecting possible breaches of buying out of tie issue a £1200 fine. BDM clearly point out that the racial incident must be kept quiet and not go to press as I threatened to do. 6) BDM comes out and tells me nothing further will happen concerning the racial incidents as they have investigated fully and is happy nothing of this nature ever happened. I have two witnesses and they were never approached by EI over their account of the actual events. 7) This has now been confirmed by the EI company solicitors issuing a statement that the whole incident never happened. 8) I issued three preliminary letters requesting for the information with regard to the system of their penalties and request that they provide information that this is a true reflection of their losses. What they have provided so far is that regardless of what product you are accused of buying may it be a keg of beer costing £50, Keg of lager costing £75, a bottle of spirits costing £27 or a case of bottled beers costing £20 you will be fined £180 regardless, as this is an average cost of their losses. My requests is far from exhaustive as I want to know the true cost of their losses and I want them to show me how much they pay per product and how they calculate the penalties. It appears they are prepared to defend the £1200 penalty at all costs, this may be speculative but this system they have of fining their tenants must be unlawful. 9) They now counterclaim that I am now in breach of the lease agreement and want the pub back. This is clearly retaliatory because the information regarding their beer prices and system of fines are unlawful and this breaches an implied terms laid out in there lease that they would conduct business in compliance with English law. There is also serious breaches in the lease with regards to health and safety work as I now have a list with 37 faults with electricity and also according to the engineer the gas should have been condemned prior to opening back in July, all this is putting the lives of everyone in the pub at risk as well as negating my insurance. Their defence does not defend the penalties or the system in which they impose them. In respect of finances it would have been difficult to have closed the pub until the work was completed because we had taken out a secured loan to set up the business. 10) My Customers are now sending letters and emails to EI voicing concerns of the state of the pub and their failure to complete the work they promised to do. One local goes as far as getting a reporter to do an article which is headed “Where’s Our Re-Vamp". Soon after this article EI start the health and safety work some tens months after we signed which is still not complete. a) My breaches are suspicion of buying out the tie, bear in mind they are using a monitoring system that still uses 56k modem technology and sends information down an unsecure line with no guarantee’s that the information has not been intercepted before they receive it, as well as not conforming to National Weights Measures standards. The metering system has broken down on several occasions where and engineer has been called. They are yet to provide sufficient evidence that I have brought out of tie apart from a set of printed figures that suggest I could have. This also provides another problem as we have no way of checking to see if the meter readings are correct. As there are no set parameters regarding meters most devices clearly show visible numerals i.e. water meter, electric meter, gas meter, petrol pumps...etc. this would enable me to cross check any discrepancies. EI device displays neither it is a box on the wall with no visible meter to display. b) My other breaches is Not paying the rent on time and falling behind on payments although there is a clear history of regular payments still being made to this very day. It is essential to note that I have not withheld the rent at any time, also bear in mind each lease holder has two accounts with EI, a Rent and a Trade Account my trade account is at zero, it is my rent account that has arrears do not forget that EI are holding a £9000 deposit of mine. The fear of paying for your order before delivery is once it hits EI account they can still withhold beer orders and use the money to offset any debt they wish to put the money towards, when this happens this leaves you in an unfortunate position of buying out of tie. This could be looked at by the courts less favourably because this is a breach of the agreement but through EI not completing the said work within the time they stated then they caused me to breach on rent because of the significant drop in trade, caused by customers especially smokers who now prefer to use the grotty pub down the road which has a smokers shelter joined together with the non smoking customers who are unhappy with the general external appearance and the threadbare carpeting in the pub. They have voiced concerns that they are fed up of waiting for the revamp. EI’s negligence has put people lives at risk which they seem not too bothered about that but they see my rent arrears a far superior breach. During the time the pub was in arrears and they had me collared and I basically had to agree to their demands I was then a good tenant, because I choose to challenge their regime of charges they want me out, they implied they would conduct their business with accordance to English law and their regime of penalty charges are in direct breach of UK law. In respect to the business relationship breakdown this is entirely EI own making as there has been no response from the BDM Janis Silins since February either by a personal visit or by mail, to amicably resolve the issues stated mentioned in the letter. It is stated in the lease agreement that if a dispute arises over the lease then the rights of arbitration would be used to help solve any issues. This was never given as an option they had every opportunity to go to arbitration when I issued the three warning letters stating I was prepared to take this to court.

Hi People, i have been dropped in the mire by DAS who I thought would take up the case on my business insurance but they have found a way of getting out of it and I now have days to get my Allocation Questionaire in. I need help with this as there is really no time for legal advice unless I can apply for more time. In my AQ i want to put this in: allocation questionaire I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument. However, the continuing problem is (in common with other cases currently being brought by other customers) that Enterprise Inns refuse to reveal the details of their penalty-charging regime, I respectfully ask the judge to order a form of basic disclosure requesting Enterprise Inns to reveal the information I originally requested. As Enterprise Inns have a fiduciary duty towards their customers, they have a duty to deal straightforwardly,in utmost good faith and conduct themselves lawfully and in a manner which complies with UK law. But the problem is the forfeiture of the lease they are requesting how do I reply to this in my AQ?, can I have it put aside as this has no relevance to this case or do I attach a seperate sheet of paper with my defence on it?

It is well less than a third of the total costs. so I lose, but it would have been impossible in the scale of time given to have paid a third off. To have paid a third off would take 16 months then at that time my rights under SOGA would have run out. The car broke down after only 9 weeks of ownership

The loan has only been running since last September they were paid for the first three months of the loan, then I just stopped paying money into that account, so in effect I have not canceled it, just not put money into that account which in turn would have made the DD's bounce. Yes I have been hit with bank charges but they are easy to get back. i just received a letter from the bank stating they are still trying to take money from that account.

When I did not get a reply on my first complaint back in November, it made sense to go back to their brokers who made all this happen, thinking that they would be able to get through to the dealer and the finance company in a more effective way than what I could, this turned out to be a waste of three months.

Yes Ron my last letter was telling them I was refusing the car, the letter was sent Recorded Delivery and followed up with a phone call once I had confirmation the letter was delivered. Remember they have been accepting payments on the second loan but when I spoke to them about this they did not have a clue what I was on about.

Absolutely Not, the guys pulled up at my work in a plain unmarked flat bed truck, they never asked for the keys, they hitched a tow line to the back axle and in full view of everyone dragged the car across the car park and up on to the flat bed bear in mind we are talking a seven series BMW. At that time I was not shown any papers but was thrusted a mobile phone and told to talk to a guy who said he represented the finance company and was taking the car back. They did not show any ID during the snatch.

Yes more phone calls, loads of emails to Netcars and a final letter stating I am refusing the car on the grounds that it was a lemon when it was sold to me. The SOGA is the grounds on what I am refusing the car.

Thanks for replying back, I will keep it brief so brought car in sept 2007 by mid Nov 2007 car blows power steering pump. I complain to finance company and want to complain under the SOGA this was done via fax and letter. No response car is holed up in garage for 5 months awaiting confirmation on who is going to pay for repairs. I pay for repairs finally and want to pursue my money down the legal channels. Today 2 guys seize the car or literally drag the car from outside my place of work, they give me no paperwork or show me ID before dragging the car up a flat bed truck and drive off. I did not sign a thing nor did i agree to voluntarily terminate, the finance company phoned and demand i give the keys over!!. When the finance was set up it was a complete mess where 2 loans was set up to purchase the car, the higher of the two loans I stopped but forgot the smaller second loan this is up to date on payments. Its as brief as i can be.

What's the procedure for a car finance company to obtain repossession for a car?

Just a quickie, under the lease agreement there is a sub heading "Disputes" if at any time during the term a dispute arises under the terms of this lease it will be refered to an arbitrator who must be experienced in the licensed property industry, and will act in accordance with the Arbitration Act 1996. What Your Views On This?

El Cojones, I was more looking ahead of myself after reading the Wards demise with their injunction case, but we are in agreement that the work is down to them as previously posted in this thread.

Right There are many things making up the big picture 1. The Race Relations Act 1976 (Amendment) Regulations 2003 - My visit by Enterprise and being treated less favourably because of my race and colour. 2. Health an Safety - 37 faults with the electricity and the condemning of the central heating boiler and kitchen. 3. Breach in the agreement to carry out the remedial work to the pub. So with their threat of forfeiture of the lease do I have enough to get and injunction against Enterprise should we go as far as court?

Yeah Sure its somewhere I'll dig it out tomorrow and post it, cheers

Thanks for the chat its a pity El Cajones is not about because like yourself he too has a logical brain and puts things into its perspective. The idea of drawing up a draft plan for all to view is a good idea, but until a proper test case is put into place it going to be while until we draw something up. I am intrigued with section 25 and 26 also the injunction I could do with more info to be posted again for all to see and give feed back on. Going back to my case the Enterprise made it clear they will counter claim on my claim but what are they expecting the judge to ignore my opening argument and listen to them and say lets evict this guy because he works seven days a week for no pay but he dares to challenge the mighty enterprise for ruining his lively hood.. I don't think so!!, My claim is for info only and has no monetary value, My request is simple all i want is written proof that the charges are proportionate to their true losses. They are making a mountain out of a mole hill not me!! they want to evict me for questioning their principles of fining innocent hard working people who are struggling to make ends meet so the customer can have a local pub that they can enjoy a drink in.

Hi Brett. not long now till you get your money back, I am not too sure if MCOL are still on Auto Stay by using the N1 pdf format is definitely the way I would go Cheers kev

A Nice letter from "Sprecher Grier Halberstam LLP" There is a bit more but just blah. blah, blah concerning bankruptcies and things. Quite a good read and its all to stop me from perusing my claim for the return of my charges. Yes I owe them money as of the 12th of may excluding the unlawful charges it stood at less than 5.5k which in business terms is not a lot. There was a bit about if they suspected breach of the tenants obligations, In all fairness thats harsh if they think there is wrong doing then they can penalise you. But what do I have to lose I go to court demand they give me the information regarding the charges, they counterclaim with kick this basket out our pub!! I under:- and I Apply for relief and in this day and age where the pubco's are not favour of the month should stand a relatively good chance of a reprieve. But by putting my neck on the line we might expose the system of these penalties as unlawful.

Hi There, the letter is in this thread I think on page two Simon no longer uses this thread