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  1. ANY ADVICE PLEASE received parking ticket sept 2012 from vcs liverpool didn't admit liability ignored all letters from bwlegal , looks like they have now passed it to dcbl firm from can't pay take it away 6 years later any advice pls I've requested all evidence and proof of contract of landowner, anyone else received a letter
  2. Hi So far having followed threads on here I've managed to deal with a hoist claim on a card from 2005 for £1800 before court fees on moneyclaim online for £2800. They were supposed to have paid a fee by 15th June otherwise it would be struck out similar to a thread on here by "musicam" I rang the court a few days after said date and they hadn't paid although the lady said there was some leeway in case they had paid by cheque. I rang again yesterday still having heard nothing expecting to be told it was struck out but was informed its going ahead as they have paid the court fee. How they are allowed extra time to do this when I have received a letter stating it would be struck out by 15th June if the fee is not paid I have no idea ?! today I received hoists witness statement. I wonder if it would be ok to send the witness statement "andyorch" provided for "musicam" as the cases seem pretty much the same. In mine they also rely on Carey v HSB and concede what they have is poor quality and illegible. They also have no default notice from the original creditor Barclaycard, only a default notice from mercers dated 18/3/11. Despite the default from mercers being 2011 - The last payment to this card would have been nearly 10 years ago with no contact since - is it too late to add any statue barred defence to this witness statement ? Athe court date is the 2nd week in July. Does my witness statement have to be in 14 days before which makes it pretty much now ? Hoist also made an offer to accept £1508 full and final settlement when they sent their "evidence" which makes me think they don't really want to go to court. Am I ok to go with ? "IN THE ******* county court Claim No. *********** BETWEEN: Claimant Hoist Portfolio Holding 2 Ltd AND Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph.It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts who are based in Jersey, which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. On or around the ******, I received a claims form from the County Court Business Centre, Northampton, for the amount of £****.The claimant contends that the claim is for the sum of £X in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into but their witness statement states it was 1994 23 years ago. 3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. It goes on to evidence a default notice in their exhibits which is provided by Mercers and not the actual creditor Barclaycard themselves.It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. Given that Mercers are in fact a Debt Collect Agency they cannot be considered to be the creditor or owner of the regulated agreement. 5. On the xxxxxxxxI made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. 6. On the xxxxxxx I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT C]. The claimant has since disclosed a copy of the application which purports to be the agreement within its witness statement at point 5 exhibit HT1 and admits its very poor quality.It is averred that it is impossible to read and illegible..the court is invited to try and decipher the contents and in particular the prescribed terms pursuant to section 78 CCA1974 and sec 61 (1) c of the CCA1974. The claimant tries to get around the poor quality by trying to rely on Carey v HSBC.Carey V HSBC is irrelevant in this matter and only applies to the giving of information under section 77/78/79 and is not retrospective to agreements entered into pre April 2007.I therefore contend that section 127 (1 and 2) accordingly applies in this case. 7. Furthermore the author of the witness statement at point 6 then tries to introduce a reconstituted version of the agreement (exhibit HT2) which is no more than a set of Terms and Conditions and in no way comply with the prescribed terms of a reconstituted version which they have previously tried to rely on at point 5 of their witness statement. 8. The Claimants pleaded case is that the Defendant entered into an agreement with HSBC under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclaycard in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not try to mislead the court. Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______" Any advice appreciated For Info The original defence provided my myself was "1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted I have in the past had a contractual relationship with MKDP LLP (Ex Barclaycard). 3. Paragraph 3 is denied as the Defendant maintains that a default notice pursuant to Section 87(1) CCA was never received. 4. On the 18th January 2017 I made a legal request by way of section 78 request to the Claimant. The Claimant has yet to comply with the requested agreement. I have also requested further information to clarify the claimants claim by way of a CPR 31.14, again the Claimant has yet to comply. Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) show and evidence any breach. 5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief."
  3. Is anyone aware of BW actually going to the county courts and winning? Also how many letters will I be looking at receiving before I get a county court claim form? Mine dates back to July 2012!
  4. If you've not upgraded to Windows 10, and are thinking of doing so, then you'll have to get your rear in gear as Microsoft have announced that they're ending the free upgrade on 29th July. Previously there had been speculation that Microsoft might extend the 12 month free upgrade offer for Windows 7 and 8 users. If you upgrade after that, it'll cost you upwards of £80 (there's no official UK pricing as yet) to get Windows 10. If you're buying a new device, it'll come installed on the machine as standard. The good news is that Microsoft will finally turn off that annoying 'Get Windows 10' app that pesters Windows 7 and 8 users into upgrading to Windows 10. http://www.bitterwallet.com/freebies/no-more-free-windows-10-upgrade-after-july-91964
  5. READ MORE HERE: https://www.gov.uk/government/news/royal-navy-statement-20-july-2016
  6. The country has waited a long time to see Tony Blair’s face when this report comes out, there are suggestions that he should be stripped of all honours given to him, to sit on the Privy Council-who advise the Queen, and the title of ‘Right Honourable’ which he is not. Blair lied to the British people and to parliament (with the aid of his side kick Campbell, they should both be taken to court for starting an illegal war, which killed nearly 7,500 Iraq civilians plus the lives of 179 British servicemen and women, which also enabled the rise of ISS. Blair took absolutely no notice of experts and his cabinet so that he could make the case for war. If he is found guilty of lying then he should face the full force of the law. I have been reading a book called Broken Vows –Tony Blair the tragedy of power, by Tom Bower. It is a real eye opener in relation to his total time in power, and I have to say Brown was also responsible for what went wrong during the Labour years, by the shear animosity between them.
  7. Received an email from BT confirming that my contract will be increasing by £3.50pm from July 2016. I understand that even though I am in contract I can still refuse this increase and leave the contract early, can anyone confirm? Their email states "if you're within your minimum term and want to cancel, you'll need to give us a call within 30 days of getting this email to avoid paying a charge for leaving early.". I assume if I call they will offer to remove the £3.50pm, does anyone know if I can still reject this and leave? I am looking for a way out of this contract so this seems like a golden opportunity. Thanks, J
  8. http://www.moneysavingexpert.com/news/protect/2015/06/motorist-takes-parking-charge-challenge-to-highest-uk-court I would now argue that if any PPC try to use the current judgement in their claim that the defendant highlights that an appeal has now been filed and the reference to Bevis be inappropriate until the supreme court make a ruling. Let us hope common sense prevails.
  9. Don't know how these were missed. http://www.fca.org.uk/news/tougher-rules-for-payday-lenders-take-effect
  10. Hi, I got behind with a second mortgage through a sub prime lender which led to a suspended possession order last August. Everything went fine for the first seven payments made on time or early, but I now find myself four months in arrears of the court order. I have broken several arrangements and on Wednesday night (8th July) I came home to find an eviction notice had arrived in the post from the court for eviction on the 27th, nineteen days later. The eviction notice says you can try calling the court but need a really good reason to stop this, and I am getting desperate. I am self employed and although I would be able to get back on track with the order up to date, it is going to take at least six months, even with selling what few assets we have left. We have equity of around 270k in the house The lender has written and said I should call them as they could offer an arrangement if the account had been well maintained, but we would not find ourselves in this position if the account was well maintained, and feel this is to make them appear the good guys in court when I try to defer the order. Any help would be gratefully appreciated.
  11. Foreign Office advises against all but essential travel to Tunisia The Foreign and Commonwealth Office has today changed its travel advice to Tunisia to advise against all but essential travel for the time being. FCO travel advice has highlighted for some time the high threat from terrorism in Tunisia, but the evolving security situation since the attack almost two weeks ago means the decision has been taken to advise against all but essential travel to Tunisia. READ MORE HERE: https://www.gov.uk/government/news/foreign-office-advises-against-all-but-essential-travel-to-tunisia
  12. Hi little advice needed as slightly complicated matter and having difficulty seeking advice as no one seems to know what I'm talking about (eg CAB and Shelter) I have a 50% shared property mortgage and housing association leasehold. I have received an eviction notice due to rent arrears. There a suspended possession order in place that included both the mortgage and rent aspects. Due to large legal fees on both accounts I was in discussions with the housing association and they have now obtained an eviction warrant for 9th July. I have already made an appointment to file the N244 form. The notice of eviction was an LT28 I discussed this with my mortgage company, they were unaware of the proceedings and informed me this was the incorrect form and should be for an owner/occupier. CAB have written to the housing association stating my case and offering a payment plan but they are a little hard nosed and not interested. At a bit of a standstill and unsure what to complete on the N244 as still unsure if the correct form was used (trying to speak to my mortgage company to see what they are now aware of). Any help appreciated and hope this makes sense .
  13. Don't forget to renew your tax credits. Your payments will stop if you don’t. Renewal packs are sent between April and June. If you started claiming tax credits after 6 April, your pack will be sent the following year. Your tax credits will be renewed automatically if you don’t get an annual declaration with your renewal pack. Call the Tax Credit Helpline if you don’t receive your renewal pack by 30 June. You can renew on-line here: https://www.gov.uk/renewtaxcredits
  14. Good afternoon, hopefully this will be a 'quick' one. I've had an e-mail from my landline provider (BT) about the changes coming into effect on 1st July about charges to 08.. numbers etc. I use an 0844 number to make international calls on a regular basis. This is currently charged at 1p per minute. (is that what is called an 'override service'?). From what I understand from the e-mail, if I use this service after 1st July, I will be charged by BT a minimum of 9.58p per minute, despite the 'provider' (I think it's justcall) advertising it as 1p per minute. I'm confused. Can someone help me out please?
  15. Hi all I am looking for some advice re GE money and a repo hearing set for 20 December 2013. They are trying to reposess for the below reason 1) A warrant of execution shall not issue without the permission of the court where – (a) six years or more have elapsed since the date of the judgment or order; There was an initial hearing in May 2007 and then another in May 2009, since 2009 all payments as ordered by the judge have been made. GE money have continued to apply a £40 admin charge and additional interest costs each month. Despite them refunding me some of these charges, sending me someone else's information and then offering me £50 because of it ( i declined their £50 offer). My monthly payments are 402 i pay 500 each month but because of all the charges my arrears have only reduced by about £59 in all this time. Can someone please tell me are they able to do this even though i have made all payments as ordered in May 2009. They tried to repossess without a hearing i completed an N244 and sent it to court. What do or can i do to stop this! It now feels like i have struggled for years paying them and now they are going to take my home when i only have 3 years left with them! Any guidance would be greatly received as i can't let them get away with this :mad2: P.S sorry for the length of this post
  16. Changes to your payment terms and conditions. We've added the following new clause to the Subscription Payments clause in each of your tv, Sky+ and HD terms and conditions to make clear what happens if you miss a payment you owe to us, including for any sky service, we may charge you a reasonable fee, or interest at the yearly equivalent of 4% over Barclays Bank PLCs base rat for the whole period of any late payment, to compensate us for you breaking these conditions. Any interest is workd out daily. We may also charge you a reasonable fee for handling any payment instruction that is cancelled, returned to us because you do not have enough funds in your account, or is not cleared by your bank. Details of these fees can be found on Sky.com/latepaymentfee. These fees will not be applied to any amount you have not paid because it is the subject of an ongoing dispute between us. You will be responsible for paying all reasonable debt recovery fees/charges incurred in recovering your debt, including fees charged by any debt collection company. This charge comes into effect on 1st July.
  17. Gregory Transport, (Somerset), wants caravans banned between the hours of 6am and 6pm in the months of July and August. Wouldn't it be more sensible to ban lorries during those time and even more sensible to ban lorries from taking a couple of miles to overtake another lorry so blocking the road. I think there are a lot of caravaners, (and non caravaners), who might have something to say about that. The man is demented.
  18. Hi I am about to seek legal advice with my problem, but thought I would post on here first. I was suspended on the 8th July following an anonymous letter alleging inappropriate posting on a social media site, this hinges on privacy setting's, but I can prove that they where in place. My main concern is the process... I have been accused of gross misconduct and the disciplinary hearing is at the end of this month. The paper work says I was suspended on the 5th not the 8th, I had an investigatory interview on the 24th July, and didn't receive the minuets until the 16th September, to amend and return. Two days later I received the disciplinary papers dated the 1st Aug!! The letters also refer to our meeting on the 29th not the 24th.. I know it sees like picking at straws, but as the "person on the Clapham omnibus" it does seem a bit messed up, and something as important as this needs to be right. I have worked in my role for over 10 years, and its a local authority, and would welcome others thoughts...
  19. Car in the garage, certain Unleaded put in but garage smells faint diesel. Anyone else had problems with Tesco Talbot Green this week?
  20. Here is an overview of new mobile phone roaming charge caps with effect from 1st.July 2012 The caps apply for travel within the EU although there will be notifications for non EU Cost of mobile calls per minute will be fixed at 23p (currently 28p) and this will go down to 15p by summer 2014. The maximum operators will be able to charge for recieving a call and sending a txt will be 7p. The cost of using internet will be capped at 56p per MB falling to 16p in 2014. Customers using mobiles outside the EU will remain unaffected by the caps,but operators will be obliged to send warning messages to users approaching £40 or 50 euro of charges.
  21. Hi All Wonderful site, so much wealth of information. Short background I had a eviction notice for 5th July 2012, has a hearing on 3rd July 2012, Rooftop did not show up in court. Judge postponed and requested to my advocate that I should write a letter of proposal and solictors letter for the potential buyerand submit to court by tomorrow. I am in the process of preparing a letter but am finding it difficult. Please can anyone help me prepare a letter to the court as I am having problems with the wording. We do want to remain in our property but if the judge says no we do also have a buyer we just don't want to be reposeeseed.
  22. Customer Update Many customers should continue to see an improved position on their accounts today, with account transactions continuing to update. We now expect that next week (commencing 9 July) will be the final week of any significant delays for Ulster Bank customers. We expect gradual, but significant and noticeable improvements throughout the remainder of this week and next. It is our expectation that by the week of the 16 July the vast majority of customers will return to a normal service. There may be some final reconciliations required to customers' accounts.We will provide updates daily on our progress. You can find out more by reading the latest media statement from RBS Group. We know this disruption to our customers is unacceptable and we're committed to doing all we can to help as many of our customers as possible. 42 of our branches will have extended opening hours from 9.30am to 7pm until Friday 6 July. . To help us facilitate your requests, please bring photographic identification and your account details (account number and sort code) . Please bring your payslip if the balance does not reflect any salary payments. We have also doubled the number of staff available in our call centres. Our dedicated help desk is open 8am to 10pm to take your call on 0800 231232. If you are calling from abroad please call +4428 90843556. We confirm that no customer will be permanently out of pocket and there should be no adverse impact on customers' credit ratings as a result of this incident. We will continue to post daily updates here. Follow us on Twitter @ulsterbankgroup Key Questions on Customers' Minds How can I access cash? If your balance does not reflect up to date payments due into your account, please come to any Ulster Bank branch with your photographic ID and your account details. Please bring your payslip if the balance does not reflect any salary payments. Ulster Bank credit card holders may also use their card for cash withdrawals from an ATM; no cash advance fee or interest will be charged for using this service provided the amount withdrawn is repaid within one month of the withdrawal. What is the situation with lodgements made to my account? Electronic payments are being received into accounts but they are delayed. If your salary, pension or welfare payment was due to be paid into your account before Thursday 21st June, this is now in your account balance. If you were due to receive your salary via an electronic payment between Thursday 21st and Friday 29th June this may not yet be in your account. Lodgements of cash or cheques made over our branch counters from Wednesday 20th June are receipted but have yet to be credited to customers' accounts and will be credited as we clear the backlog. What about my direct debit, will it be paid? Direct Debits that were received between 21st of June and 3rd of July will be paid; however, you may not see these reflected in your account until our systems have been fully restored. Direct Debits up to 20 June have been processed as normal. You may wish to let the beneficiary know that there is a delay. We understand that customers are concerned they might get disconnected from a utility or service provider if their account is not paid. We would like to reassure our customers and those of other banks, that we are working with other banks, service providers, insurance and utility companies to make sure that, as a result of this issue, customers will not be without their services, will not be permanently out of pocket and will not have their credit record affected. Is Anytime internet and mobile banking operational? Yes, our internet banking and mobile services are available to allow you to view your accounts, make transfers and pay bills. Please note that you will only be able to make transfers and pay bills on Anytime internet or mobile banking up to the stated balance which may not be up to date. As we update our systems there may be times when the service is temporarily unavailable; if this happens please try again later. Please remember we will never contact you to ask you for your PIN or password. We have suspended our text balance service while we resolve this issue.
  23. As published by BIS in May,the codes will include; a good practice customer charter explaining how the loan works and the costs involved; a commitment to inform customers three days before money is withdrawn; increased transparency about loan repayment so that consumers can make informed decisions and are not surprised by hidden payments; more help for customers in financial difficulty by freezing charges and interest; robust credit and affordability assessments to ensure loans are suitable for the customer’s situation; and effective compliance monitoring by the Trade Associations to root out poor practice in the industry. 1. A Good Practice Customer Charter to be published by 25 July 2012 setting out in a clear, concise and user-friendly format what customers of payday and other short-term loans should expect from their lender. This Charter will: · highlight lenders’ key commitments to customers, including clear information about how the loan works, the price per £100 borrowed as well as the APR, and charges for extending the term of the loan (‘rolling over’) and default; · explain how lenders will communicate with customers and how customers can contact them; · explain how they assess if customers can afford a loan; · explain how to complain if there is a problem and signpost customers to sources of free and independent debt advice and relevant helplines; · sit along with each trade association’s individual Codes and be easily accessible via lenders’ websites or at business premises. 2. Increased transparency about loan repayments to help consumers make better informed decisions and making sure that continuous payment authority is not used inappropriately for those in financial difficulty. Lenders have committed to: · only extend (‘rollover’) the term of their loan at the specific request of the customer and after reminding the customer of the risks of extending a short term loan; · provide consumers with a clear explanation of how continuous payment authority works and how payments will be deducted from their bank accounts. This will help consumers decide whether this type of repayment is acceptable to them before they take out the loan; · set out consumers’ rights to cancel a continuous payment authority before they take out a loan, reminding them that if they cancel they will still owe any outstanding debt and the need to provide an alternative method of payment on the due date to avoid going into default; · always pre-notify consumers by email, text, letter or phone at least three days[1] in advance before attempting to recover repayment using continuous payment authority on the due date. This notice will encourage customers to contact the lender if they are in financial difficulties and cannot repay; · Where customers have failed to make repayment on the due date, send further regular reminders to customers when a continuous payment authority is being used, providing a contact point for the customer if they are experiencing repayment problems; · Repay any amounts recovered by the continuous payment authority if the customer is in financial difficulty. 3. More help for customers in financial difficulty: Lenders have committed to: · freeze charges and interest if a reasonable repayment plan can be agreed, or after a maximum of 60 days of non-payment; · engage sympathetically and positively with the customer and split the loan into realistic repayments to be repaid over a longer period, where appropriate; · provide customers with a ‘breathing space’ of 30 to 60 days where they are making a genuine effort to agree a repayment plan. 4. Robust credit assessments: Lenders have committed to: · undertake sound, proper and appropriate affordability assessments and credit vetting as part of each loan application and before the term of a loan is extended (‘rollover’); · check the suitability of the loan given the customer’s situation · remind the customer that the loan is only suitable for borrowing over a short-term and not over a longer-term. 5. Effective compliance monitoring of members by their trade associations to ensure improved self-regulation and root out poor practice in the payday and short-term markets. The trade associations have committed to: · meaningful and enforceable sanctions in their Codes (up to and including expulsion from membership for serious non-compliance) · delivering rigorous internal complaints procedures; · taking a proactive approach to monitoring compliance with their codes and regular meetings with the OFT to discuss areas of concern in the market. · undertake a review of the effectiveness of these changes to the Codes 12 months after they come into effect and in light of the OFT’s current study of the market and publish the findings. Definition: Payday and other short-term loans include an agreement where you can borrow a small amount of money (usually between £50 and £800) and repay the loan over a short period (typically one or two months). [1] Where contact is being made by telephone, this timeframe will be influenced by the customer actually receiving the call. Full details;http://news.bis.gov.uk/Press-Releases/Better-help-for-consumers-in-financial-difficulty-from-payday-loans-67a77.aspx
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