Jump to content

boxer64

Registered Users

Change your profile picture
  • Posts

    39
  • Joined

  • Last visited

Everything posted by boxer64

  1. Hi guys, I obtained a Revocation Order for a PCN after making payment to bailiffs under duress in 2013, which required the authority repay /refund the monies that I have paid over £800, initially they said that because I have made payment the order does not apply, I spoke with the Traffic Enforcement Centre who confirm the Revocation Order is still valid, question is how can I enforce this order
  2. been down that route with one of those claim management companies, although I have not officially accepted a refund they have processed the refund regardless, and reduced the outstanding loan balance. PPI refunding is an automatic process. My issue is not about PPI refund, its about the fact they refused my claim on the policy, this considering the fact, that I had an additional loan with ABBEY at the time and also made a claim on their PPI policy with no problems.
  3. edited the thread, can you read attachments now.
  4. ive been having a running battle with the Halifax over a loan, where they refused my claim on the PPi policy this case goes back to 2007, after exhausting their complaints process, getting no help from my ombudsman complaint , and having my court claim dismissed due to statutes of limitation my court claim was based on breach of contract and misrepresentation. long story short I made a claim on the loans PPi Policy, which they refused, citing that "under the terms and conditions of my policy no benefits are payable if my dismissal was due to a disciplinary procedure being brought against me" the facts are that this condition is not clearly documented as a condition of the policy, but as, and I argue an inaccurate definition of a condition While Quoting form the actual Policy Terms And Conditions no benefits are payable if my dismissal was Resulting from my Misconduct- this could include fraud, dishonesty , or anything that led to or might have led to a disciplinary procedure being brought against me". my dismissal is documented as unsatisfactory probation, based on performance where No Misconduct had occurred or had been alleged although my dismissal for unsatisfactory probation had been determined in what was defined as a disciplinary procedure, it was in fact a probationary review hearing dealing with my performance. and not a disciplinary procedure dealing With Misconduct so I'm considering a claim of unfair terms in consumer contract as a new application as this term clearly causes me sever financial determent. need some help
  5. Hi, my understanding is that you can still use N244 application ot of time giving all the circumstances that you have mentioned in your thread, where the late application my be allowed under the circumstances that you had been delays in your getting legal advice or being away from the residance for a period of time. the cost is £80 for a personal hearing or £40 for a postal hearing.
  6. hi again, your right it seems there are some major discrepancies and loop holes with the whole suspend bay compliance issue, and it seems that even the posting of most legitimate notices are not compliant. in saying that the suspension notices that you applied and paid for were could be deemed as misrepresented, and not fit for purpose in your case, so i would hope you are compensated. good luck ps the post from Green an Mean, this name alone defines their character jobsworth:mad2:
  7. hi , just had an issue with Lambeth regarding a suspended bay, i parked where a suspended bay notice was displayed, got pcn for parking without displaying pay and display etc, made reps that the particular contravention was invalid as the the bay was suspended, Lambeth did not resapond subsequentily the matter went to the stage where baliffs seize my vehicle, and i took both the balif and lambeth to court for ilegal seizure etc, they settled the claim at the court recently 16 Nov. if you refer to the earlier post :which i belive encompases the reson that lambeth decided to settle Michael Browne Re: Parking Bay Suspension Signs Probably not, especially if the council had not obtained the Secretary of State's authorisation for its suspension signs.. See 'Suspension of controls; Signage; Requirement for compliant sign' Suzanne Campbell –v- London Borough of Camden here http://keycases.parkingandtrafficappeals.gov.uk/ hope this is of assistance
  8. hi slick, thanks again for all of your feedback and info, which has given me plenty of food for thought, ive been dealing with some parking tickets, thats why i haven't responded to your last post, basically i will wait for the banks to persu me for their costs, as i will still be in this precarias financail posision, either way, and further review the position of these claims.
  9. Hi slick, I had a student BaclyCard From 1997, which was upgraded to to gold card about 2003, made some initial mistake of making lump-sum payments every couple of months instead of making minimum monthly payments, this was resolved and i even cleared the balance of nearly £1500. when out of the blue, from my recollection in September 06 i was unable to withdraw cash from any ATM, at the time I thought there was problems with the machines, but after calling Baclycard i was informed that they had withdrawn my facility to get cash from any UK ATM, giving no reason, when i challenged them at the time that i had not been informed or given any advanced warning, i was told quite lieraly that i should check terms and conditiones, where i will see they can make any changes at any time without any notice. the following is an extract fromof a letter form them dated 21 Nov 2006: Your UK Cash Advance Facility has been withdrawn As a responsible lender Barclaycard aims to prevent customers borrowing more than they can afford to repay. We monitor our customer accounts and may suspend a customer’s right to use their card for cash withdrawals at any time, as stated in condition 2.6 of the Terms and Conditions. After a review of your account, we have withdrawn your UK cash facility and this will not be available to you for a minimum of six months. Although you are no longer eligible to withdraw cash within the UK you may still be able to withdraw cash outside the UK. We have made this decision based on one of the following reasons: You have recently breached the Terms and Conditions You have had a recent credit limit decrease on your Barclaycard Your credit limit is less than £500 Based on your usage of the card (e.g.excessive cash utilisation) If you would like to discuss the details of this letter, please call 0870 154 0154. For your convenience, advisors are available 24 hours, seven days a week. And a futher letter dated 12th January 2007 : Your new credit limit As a responsible lender, we conduct regular reviews of our accounts to ensure the amount we lend is in line with our customer’s ability to pay. We’ve noticed that you have fallen behind with a payment on your account and therefore your credit limit has been reduced to the amount shown above. We have made this decision taking into account all financial information available to us, not solely because you have missed ONE PAYMENT. Your UK cash facility has been withdrawn In addition to reducing your credit limit, we have also withdrawn your UK cash facility and this will not be available to you for a minimum of six months. Although you are no longer eligible to withdraw cash in the UK, you may still be able to withdraw cash outside the UK. Request for payment We would like you to continue to enjoy the benefits of your Barclaycard and to do this you will need to put your account back in order. Therefore, if you haven’t already done so, please make a payment as soon as possible. So the account became disputed as the would give me NO specific legitimate reason for sanctioning the Account , and my request to reinstate the Acount to its original status, which the refused this i would follow with DATA PROTECTION NOTICES, & SAR Notices, and a Refund of Charges Complaint, agin funly enough they did credit the account for the charges complait But would refuse to reinstate the account. as i mentioned before i have a few complaints with a few financial inc's where the particulars of a complaint have a knook on effect to each other. if that makes sense. you mentiond that can't rely on BCOB' due to certain timings but this was superseded by another code of conduct for banks which could make my grievances more pertinent
  10. hi slick, based on Barclays behaviour i had the feeling that their offer wouldn't be in my best interest particularly as they would not agree to remove the CRA entries. i have other Ombudsman complaints involving other financial institutions, but i found the county court route is faster as this Barclay claim was made after all my ombudsman complaints which are still pending. i'm under the impression that my case may come under the what i think is the Banking Business Code of Conduct, Funnily enough The Delinquent Barclay Card Account no longer appears on any CRA reports, this may be due to statutory limitations, where entries are removed after a certain amount of years. to me my claim is that in the first instances of the account being debited of UN-notified, and unexpected amounts, and misleading documented as bill payments, this considering the fact had Not set-up, authorised or requested any Bill Payments,Direct debits, etc. on this account. or the old Woolwich account. "a bit of misrepresentation the ere" these amounts were also taken in relation to an already officially disputed acount The Transaction that lead to the the account going overdrawn by £5, and the account charged and debeted £30 the following day Does Not even relate to the same Barcly acount and would not have come under any of their terms and conditions that relate to the acount. additionally in there own terms, they state that if an item is returned unpaid a charge of £8 somebody is worse of i feel. the have made Default Entries With CRA's, while again the referenced account is in dispute, which basicaly Blacklists me. then finally they close the account with no conclusin other than passing the alledged debt to debt collection agencies. all this done without taking in to account, or responsibility of their obligations to me as a customer, and leving me in a far more detramental finacil position prior to their charges.
  11. the charges started 29th May 2008 for £30 detailed as paid referral fee, and they closed the account 22 Jan 2009 so none of the charges would qualify. I believe the wrongful behaviour by the bank is firstly that they replaced My original Basic Woolwich account with a different type of Barclays account which i had not expected requested or required. I was not aware of any opt out requirements, until after the charges were made, and even when I requested to opt out they said it was two late the second wrongful behaviour by Barclay is as mentioned before is that prior to the charges, the account was debited without giving any notice and without my authorisation on 22 Jan 2008 and 12 march 2008 totaling £105 (subesquentially found to be payments taken for a disputed BarclyCard Account) these were detailed as Bill Payments, the fact is that i had Not set-up, authorised or requested any Direct debits, standing orders, Bill Payments, Card payments etc, on this account. Not Even on the old Woolwich account. So again if these amounts were not taken from the account there would have been funds in the account, and i would not have incurred these charges, quite frankly they have not acted in my best interests, and the phrase Sever detriment comes to mind. i mentined the term "Unilateral Agreement" which i understand to mean that they do not have to individually negotiate terms of contract with individual customers, and if you do not opt out, you held liable.
  12. thanks for your response, i have a case with Halifax that was an application to amend particulars of claim, this case with Barclays was a fresh application using the new arguments, as mentioned I had Woolwich account that Barclays took over, the Barclays account was opened 9th July 2007, with a positive balance in the thousands I became unemployed in December 2007 --May 2008, again from Nov 2008 -- Jan 2009, finally July 2009 to date. the charges started 29th May 2008 for £30 detailed as paid referal fee the account was debited without my knowledge or authorisation on 22 Jan 2008 and 12 march 2008 totaling £105 (subesquentially found to be payments taken for a delinquent BarclyCard Account)another story!. i would dispute and complain about these charges shortly after this, and one of their first documented responses was dated 10th November 2008 the charges would roll on at a rate of £22 every five working days detailed as reserve usage fee (another name for overdraft fee) to date totalling approx £455 they informed me the account facilities were withdrawn 31 December 2008 they closed the account 22 Jan 2009 Default notices and Debt collection letters followed court application 28 September 2011 court hearing 6 July 2012 Case Ref 1IR84024 a point i should make is that Barclays told the courts that the business have what the call a "Unilateral Agreement" which i understand to mean that they do not have to individually negotiate terms of contract with individual customers, and if you do not opt out, you held liable. AGAIN all help and suggestions would be great full
  13. Hi everyone i had a stayed court claim with barclays, made application to amend particulars of claim using "New Arguments", unfortunately this application was refused didn't present the arguments well enough and Barclays counsel were awarded cost of approx £900, which was reduced from £2500 by the judge who was not happy to refuse my application, and suggested in not so many words that i could still present my case differently. the details of my particular case is that i had a Woolwich account that Barclays subsequently took over,implimenting the new aleged over draft service, the account became overdrawn by approx £5, because of a Woolwich not a Barclays cheque for approx £10. the rolling charges to date are aprox £500. and they have registered default notices with credit reference agencies. if they had refused the cheque, the charge would have been £5 At the Court hearing Barclys offered to cancel the charges if i drop the case, i refused this offer as they would not remove the mentioned default notices with credit reference agencies. they continue to make this offer, while threatening further action i believe i have a very good case just not able to present it. all help and suggestions would be great full
  14. i need to make a court application to get my money back from private clamper's, my father had just come out of hospital and was taken to his new sheltered residence By ambulance, I escorted the ambulance and assisted the paramedics with my father, during this period my car was clamped, although not displayed i showed the clamper's both a disabled badge and a permit the signes that they refer to, says Private Property 24 Hours, & 7 days a Week. the rest of the sign is not legible without standing in front of the sign. also the next or first paragraph states "vehicles stopping or waiting on this land with out displaying a valid permit or tax disk will be clamped and or towed away and or issued with a fixed penalty charge immediately with no notice. My Vehicle had a valid tax i want to through the book at them from extortion to theft in my application any suggestions.
  15. Thanks again guys, i'm running the gauntlet with my local authority Waltham forest, they have me down as a persistent evader/offender, and attempt to tow my car if they catch me or it in any contraventions, so my diary is full of tribunal appearances
  16. Thanks for all your responses, all busting my bubble, i thought i had a good case based on the, PATAS anual report statement "“It should be noted that if this ground is established on appeal, the regulations provide that the adjudicator ‘shall’ allow the appeal. There is no longer any need, therefore, for the Adjudicator to have to determine the consequences of a particular procedural defect by applying sometimes complex principles of general law. but thanks anyway
  17. the case i refer to is PARKING APPEALS SERVICE MR J LETTS -v- LONDON BOROUGH OF LAMBETH Parking Appeal 1980151656 Penalty Charge Notice lh20988622 ADJUDICATOR’S REASONS FOR DECISION although the alleged contravention in this case is different to my case, but the grounds of the appeal is the same. "On the evidence before me I find that the width of this bay is less than the minimum of 180cm .for more than half of its length. Accordingly, I find that the bay is not properly marked and therefore that this contravention did not occur. For the reasons I have set out I allow this appeal. Verity Jones Parking Adjudicator 13 July 1998 VJ/mb//
  18. hi thanks for that response, my understanding was that the procedural error would relate, to the actual traffic order that the PCN relates to. i have details of An appeal that had been allowed, on the basis of the dimensions of a designated paking place. i believe my appeal to PATAS was refused, on what you say to be "considered de minimis", where the adjudicator states that such a small deviation does not give me a defence, and the test of lawfulness is one of adequacy. this statement takes me back to the statement in the PATAS Report : “A failure by the enforcement authority to observe any requirement imposed on it by the 2004 Act, by the General Regulations or by the Representations and Appeals Regulations”. “This new ground thus puts the issue of procedural compliance on a statutory basis”. “It should be noted that if this ground is established on appeal, the regulations provide that the adjudicator ‘shall’ allow the appeal. There is no longer any need, therefore, for the Adjudicator to have to determine the consequences of a particular procedural defect by applying sometimes complex principles of general law. The requirement that the Adjudicator must allow the appeal is unequivocal. am i really on the wrong page.
  19. OK guys, here is my conundrum, Got PCN for not displaying permit, outside father inlaws house, "took to long to get permit basically", and never saw PCN on Car at the time. went through the whole reps appeals process, including PATAS review on the grounds of procedural error all with no joy. basically PATAS not willing to over turn another adjudicators decision. My case is that under Traffic Signs Regulations 1994. Schedule 6 : provides that the minimum width of a designated parking place shall be 180cm and the maximum shall be 270cm. That is the measurement from the edge of the carriageway to the inside of the white line i took pictures of the location showing that the bay is less than the minimum dimensions of between 30 to 50mm an presented this evidence in my appeals and reviews. the following is an extract from : Joint Annual Report of the Parking Adjudicators to London Councils Transport and Environment Committee Introduction of parking enforcement under the Traffic Management Act 2004 Procedural impropriety: a new ground of representation The new regime provides a new ground for contesting liability for a penalty: “that there has been a procedural impropriety on the part of the enforcement authority”. Procedural impropriety is defined as: “A failure by the enforcement authority to observe any requirement imposed on it by the 2004 Act, by the General Regulations or by the Representations and Appeals Regulations”. “This new ground thus puts the issue of procedural compliance on a statutory basis”. “It should be noted that if this ground is established on appeal, the regulations provide that the adjudicator ‘shall’ allow the appeal. There is no longer any need, therefore, for the Adjudicator to have to determine the consequences of a particular procedural defect by applying sometimes complex principles of general law. The requirement that the Adjudicator must allow the appeal is unequivocal. Compliance with the statutory scheme for enforcement has always been important, as we have emphasised repeatedly in our Annual Reports, but it is now if anything even more so. It is crucial for enforcement authorities to ensure that, for example, their forms and notices are fully compliant and that they comply with the prescribed time limits”. if your not exhausted at the end of this, can anbody give me some assistance i think i need to make an application by the end of this month. thanks to any body that reads and understands my conundrum
  20. hi patdavies, thanks for that, seems that the commissioners guidance, makes my point in this instance, i will negotiate somemore with these people see what i can get.
  21. hi guys, thanks for your responses, seems that authors confidentiality is a bit of a "CATCH 22" i have actually been told by prospective employers that specific reference details did not meet their criteria for employment.
  22. hi folks, i used to work for stage coach busses in east london, subsiquentialy i was dismissed for unsatisfactory probation, after making applications to other companies, found that i was getting unsatisfactory references, i have requested that all parties provide me with specific or actual details of these references, but have been told they will not because of conditions of confidentiality. Does any body know if i can find out what is specifically being stated in references.
  23. hi folks, had my hearing on the 7th august 07, was going for the wasted costs route, but as shaaaaby had already settled the claim, the judge said there was nothing they could do, i have to asume that you should include your costs in the original claim. on top of that my car got towed away for parking on yellow line in a dead end road. So i now have another challenge with newham council and their extortion any ideas please feel free to point me in the right direction! didnt realise it was so easy to donate durrrh
  24. hi folks, started a few threads but cant find most of them now, but have just recived without prejudice letter from Abbey,oops SHAAABBY Stateing "in view of the cost to shaaaby national plc, of preparing its defence and arranging representation and without admission of any theivery blaaahdy blaahdy blah" what a cheak. i want my costs in the preperation of my claim, so im presently reading some more threads before reply to them.8) their letter was dated 26 july sent second class and recived today 30/7/07 but i already faxed them non compliance of court directions letter, and one to the court this morning my claim no is 7BO00880, Hearing date 7th August 07 the amount claimed was 1,574.50 offered 1,844.03 incl court fees and interest. any comments please feel free to respond. if any one can tell me literaly how to make a donation, and how to send details to moderators etc feeling a bit stupid now.
×
×
  • Create New...