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  1. Since Mrs Sev was diagnosed with Lewy Bodies Disease, I managed to get all her debt written off by the various DCA's that had been hounding her since her fortunes turned for the worse. It was a long fight and in the end we got there, thanks to this forum it's community and the infinite patience of the likes of dx100uk. I am in the process of going through old paperwork with a view on trying to recover as much as I can for her to help contribute towards her ongoing care. I have found old paperwork for the following: Barclaycard Visa and Mastercard Co-OP Visa Capital One Visa Monsoon / GE Capital Russell & Bromley / GE capital Harvey Nichols / GE capital Frasercard / GE MBNA Mastercard & Visa RBS Visa Mint Mastercard. Natwest Mastercard. The paperwork consists of: some old statements but also some of them have the original fold that the card was delivered in, and some the actual PPI letter. The original signed CCA is not in any of the documents. So, my initial question is this - Should I begin by sending an SAR to each of the creditors or will the proof that I have already be enough? We probably have statements going back as well, but these might not be for the full term going back to when the card was taken out. I may well send SAR to Barclaycard as I am sure that she took out a Barclayloan or two in the past. I'll be honest, the ones I hope most to get something from are GE and MBNA for their relentless harassment in the past. thanks in advance Sev.
  2. For anyone facing court action regarding this car park, be advised that Excel parking is deemed to be the Creditor .. the legal entity entitled to enforce parking charges and legal action. Excel have a contract with the landowner. Any legal action launched by VCS is not relevant in law as they have no contract with landowner and are not the Creditor. They are a separate legal entity. If you are facing court action from VCS use this as your defence.
  3. Women winning battles: Recreating the Wrens unit which helped win the War READ MORE HERE: https://www.gov.uk/government/news/women-winning-battles-recreating-the-wrens-unit-which-helped-win-the-war
  4. Hi.. Sent a SAR request last week to Lowell for a Vanquis CC debt and Halifax loan . Got a letter back today to say they have received and sending all paperwork from when they purchased the debts but if I require anything before that i need to SAR the OC. Surely as the supposed owner of the debt they should contact the OC or have all original paperwork such as statements etc sent to them once purchased ..or do I indeed have to contact OC ? Wanted to check before I send a curt reply letter back to Lowell
  5. Need a bit of advice here for a friend who cannot afford a solicitor. Quick run down. Friends is a masseuse, working in many different areas including hot stone massage. She is very professional and has done many years in training for what she covers. A client has decided to sue her using one of these no win no fee companies and has lied stating that my friend didnt get her to sign a disclaimer etc, well I know for a fact she had signed and she has the paperwork to prove it. Now this client has stated that she had a torn ligament from this hot stone massage, now if anyone has had the pleasure of one of these you would know its nigh on impossible to get a torn ligament, Ive had one myself and its the most relaxing form of massage, not to mention when you tear a ligament which I have its bloody painful and the pain is instant and this client showed no signs of being in any pain when having this procedure. Now this friend of mine has no liability insurance, only does this part time and has literally no assets to her name, she is also a single parent. We feel that this is either someone trying to discredit her because she is a new business or they have some other vendetta against her. Why we have no idea as my friend is the most loveliest lady you could ever meet plus extremely professional. This is a bit out of my comfort zone but she has requested that I help. There is no way she can afford a solicitor and she is scared that this will reach the court stage and will lose what little she has if this woman wins. Any advice at this stage would be greatly appreciated.
  6. In short, my child was involved in an accident on a bus when with the mother resulting in a moderate injury to the child. Mother decides to go and see a no win no fee solicitor to see what they think, for which they are willing to take the case on. A load of confusing paperwork has turned up including the Conditional Fee Agreement (CFA). In short the CFA states what IS covered under the agreement is: claim for damages, any application for pre-action or non party disclosure, any appeal by opponent, any appeal against an interim order or an assessment of costs, any proceedings to enforce judgement, negotiations about and/or a court assessment of costs of claim. What IS NOT included is any counterclaim or any appeal the claimant makes against final judgement. Now I'm no expert on no win no fee issues, but it strikes me that nothing is mentioned in relation to any potential costs liable on the claimant (my partner on behalf of daughter) if either the solicitor pulls out in relation to defence costs. What happens if things proceed to court months down the road and the solicitor is unable to source a barrister also on a no win no fee basis leaving us to pay for as as of yet not mentioned after the event insurance policy that could cost us several hundreds to proceed or drop the case leaving the partner liable for all costs?. Any advice as I've told my partner to not sign the CFA yet until I can get clarification on potential unstated costs that could be unavoidable months down the road.
  7. One of my family has taken out an inheritance claim against a will that left him already a substantial amount, he has slight brain damage but manages to take holidays abroad, gamble, drink and play golf a lot. He claims he was maintained when in reality he borrowed money off most of the family and didnt pay it back, he wants the entire estate. His entire statement is a web of deceit, he has exaggerated his health problems, not submitted any financial outgoings or medical records and yet STILL we are paying to defend this, which is costing us ££thousands. How does the legal system allow this to happen? Can somebody explain this to me please?
  8. My wife had an accident at York Designer Outlet tripping over a raised platform and landing on her right arm fracturing her shoulder. Ended up having to get an ambulance and go to York Hospital. She had first aid treatment and they were pretty quick to come over and get an ambulance. although while trying to establish the facts they did seem to get a little pushy on putting blame onto my wife. She brought food over for my daughter facing me to talk about our food. the seating was next to the raised platform and as she turned to walk didn't see the floor was higher than the rest and there didn't appear to be any markings to suggest otherwise. The guy did argue with me about the floor being a different colour to signify that it was raised and that it had a railing in the middle but from where my wife was stood (photos below) this wasn't obvious. Was going to use a no win no fee company but not sure how good these are and what hidden fees I might expect? I've put in the photo where I was sat and an arrow where wife turned and fell over the platform. There wasn't any markings to let you know it was there
  9. National Minimum Wage: Workers win £2m compensation READ MORE HERE: http://www.bbc.co.uk/news/business-40952205
  10. I think this is the right place for this. Please move if not. http://www.independent.co.uk/news/education/education-news/pay-deductions-teachers-supreme-court-ruling-strike-precedent-a7753991.html
  11. A work colleague received a pcn from ukpc ltd for parking on a kerb on private land where he lives. I drafted a letter of appeal for him to ukpc ltd, as if it was the colleague drafting it, stating that ,I have a parking permit and so am entitled to park up on the premises. The fact that all the parking bays were taken on a first come first served basis has no relevance. The fact that I live in an apartment ,on the land, allows me to park , and ukpc do not have sole rights to change the contract, lease, or covenant on the land. Needless to say, ukpc declined the appeal and it went to POPLA. Here is their reply. Incidentally, that makes it 54-0 to me on pcn's.... .4 successful county court cases out of 4, of which 2 were won at court, the other 2 were settled out of court... .2 alleged speeding charges dropped. 1 was fought in court and ended up with the cps dropping the charges, the other 1 was timed out, for a colleague. Loads of consumer challenges and all won. So far , since 1994ish when I took my very first case on (Boston county court), I have still got 100% success rate....... .I am not bragging, or being big headed, it is just that I use the law where it is needed and when it is needed.
  12. I feel so upset and frustrated. I got pip for a year, then after an assessment for renewal they did not award me enough points to carry on getting it. Before I was getting the standard care rate. I appealed and asked for the mandatory reconsideration but again the DWP refused to award me. Only after being sent out all the forms did I see where the missing points were. I am working with Harc and it was for preparing food and both the recent form, and previous form my answers were the same yet they did not award the 4 points the second time but gave me the same points for the same things as last time, bar that. So, I appealed and went to the tribunal and they awarded me more points which took me to enhanced care and lower mobility and I thought great, finally over. Got a letter through dated the 24th (my appeal was on the 18th) and it says we've applied to the tribunal or a statement of the reasons for the decision made on the 18th as we may wish to consider applying for permission to appeal against that decision. I'm sorry we won't be paying you the benefit awarded by the first-tier tribunal at the present time. We have one month to consider applying for permission to appeal. The period of one month starts from when they first=tier tribunal reasons has been issued. If we decide not to apply for permission to appeal we'll start paying you the benefit strait away and we'll pay money we owe you, if we apply for permission to appeal and it's not granted, we'll consider if we can start paying you (what do they mean they'll consider if they can start paying me???) I'm getting so upset and no idea what to do next. How do I find out when this month starts and ends and is it common for the DWP to be granted permission to appeal. What will they be appealing? the points I've been awarded? I thought the judge at the appeal I went to had the upper hand so to speak, why am I now being put through this. Please can someone help me understand what's happening here and what I should do. Much appreciated.
  13. first of all to say hello to all users. i am new here be gentle . i have read the forum rules etc . feel free to say hello and if i can help i will. On a more positive note i have recenly been paid out in excess of 7k from barclaycard ppi. how do i confirm they have calculated this correct, i assume a sar would be needed here and can i still do this even tho they have recently paid me out?
  14. Microsoft have been getting flak for a new sneaky upgrade http://www.independent.co.uk/life-style/gadgets-and-tech/news/microsoft-criticised-over-deceitful-windows-10-upgrade-a7047466.html
  15. Advice please guys In 2012 took a phone contract out with EE and returned phone within a week back to shop simply as no reception In 2014 I had a few debt collection letters all of which went in bin Late 2014 I moved to a new house and started getting letters at new house early in 2015 from Lowell finance all of which went in bin Yesterday I came home to a letter from Lowell solicitors stating a CCJ had been obtained and a court order of £50 a month payment had been missed I rung Lowell solicitors for proof of the CCJ and was given a date and case number I rung Northampton court and was shocked to find the court was aware of my address and there was a £50 repayment order made a month earlier Speaking to court I protested first I knew of this the court official stated Lowell had supplied the address I moved from in 2014 to court and all papers went there, then after obtaining the CCJ they updated court records to my new address The lady at court mentioned 2 ways to deal with this I can pay £250 to get CCJ set aside or inform Lowell of their mistake and they should set the CCJ aside and realist the case I rung Lowell solicitors and they stated they haven't broken any rules will not set the case aside and now a contract exists between us implementing ongoing late payment fees My debt currently stands at over £800 and rising, I'm on benefits and cannot raise the £250 I feel Lowell finance have mislead the court by providing a false address knowing they would win a CCJ and repayment plan so they can collect more fees Help please
  16. I appreciate this may be a little complex, so I will try and be clear. The first paragraphs are background, skip to the for the issue. I am Sales and Marketing senior manager for a business, with 8 outlets. I am responsible for all sales and marketing activity and measured by sales performance (revenue). Each outlet has a manager, and they are responsible for the day to day operation of the unit, and measured against the profit. This structure is a little unique in our industry, where usually the unit manager has control of local sales and marketing, and would be measured against both sales and profit, and my role would be a head office support role. So in effect I have more control than usual and the unit manager has less control than the norm. The unit manager and I are on the same rung in the hierarchy, reporting into the MD. One of the units was added two years ago, and was an underperforming unit. We knew it wasn't a great business when we bought it, but the plan was to invest in it, and turn it around. But we were having to undo many years of neglect and poor management. The unit manager joined when we bought the business - we'll call him P. P and I have had a rocky relationship, and he doesn't agree with our business structure, wanting to have more control over his unit. This has caused us to lock horns on a number of occasions. I have backed off a little of recent, as I was worried I was becoming seen as a 'problem'. Recently our relationship has been better, but only because we avoid discussing anything controversial. P's unit has had major investment, but business is slow to turn round. And last year was pretty poor. We are battling with a long standing poor reputation, and the service levels are still very poor and there is no real change forthcoming. Until these improve, I am restricted with how much more revenue I can generate. :?: The MD is off sick long term, so the CEO has become more involved in the day to day business. - having not been very close to what is happening for a number of years). I have been asked to attend a meeting tomorrow, along with P and another senior manager, the purpose is to explain the poor performance and how we can turn it round. This is where my challenge arises. At this meeting, I will have effectively two options, accept that the performance is not good enough (I.e. I am not doing my job - not that I believe this is true); or pass the blame to P and the continued poor service (I can prove this as we use a 3rd party monitoring service - which I administrate), but this will enviably be the final nail in our poor relationship, and likely leave me unable to perform my role in the long term. Either way. I really feel like I will end up on rocky ground and my career in jepordy. The stress of this meeting is making me sick. Part of me just wants to walk away from the whole thing, but can't really give up the salary or company car without knowing I have some certainty of another role. Roles at my level are limited, so I can't just walk into a job, and would likely have to take a lower paid and lower seniority role. Help!!
  17. He says what others are thinking but are afraid to say. This sums his thinking up completely. We should all take note (especially Germany) of what he is quoting here:
  18. To briefly explain the story, last week my wife had a car accident where a man reversed his van into my wifes car after he had stopped in the road and reversed back without looking to talk to his dad who was on the other side of the road, driving the other way. He was very apologetic and they exchanged details. This morning we had a letter from a no win no fee solicitor, claiming that my wife had driven into him, failing to drive without due care and attention. This is obviously very upsetting, and I guess it means at the very least we are going to have to pay our excess for repairs to our car since he has his own version of events. Any advice please? Thank you in advance.
  19. Does anyone know of any genuine employment lawyers that will do a FREE assessment for no win no fee. All the websites offering this always want an assessment fee which totally goes against the principle of no win no fee! I do however need help as I have a five day final hearing coming up in February.
  20. Hello A month ago I posted news about being successful BUT am still waiting for DWP to action!!!! Is there a time-limit for DWP to put this decision through and pay arrears?? (they clear a WCA decision speedily but not a reversal) Even intervention from an advice centre hasn't moved things along. Like DWP don't care and fob off.
  21. In past versions of Windows, Microsoft has allowed users to configure how they want operating system updates to be delivered. Those looking for the ultimate protection configure Windows Update to automatically install them, while others may, accidentally or not, disable the feature or postpone installing any updates for a very, very long time. I have seen systems that last had updates installed years before I was asked to troubleshoot them. With Windows 10, however, Microsoft is taking matters into its own hands, by making automatic updates mandatory. This applies to both home and business users, unless the latter group turns to dedicated tools that allow them to have more control over how updates are installed. Basically, you have to go out of your way to keep Windows 10 out of date. The most up to date Windows 10 licensing agreement, from build 10240, says the following: Updates. The software periodically checks for system and app updates, and downloads and installs them for you. You may obtain updates only from Microsoft or authorized sources, and Microsoft may need to update your system to provide you with those updates. By accepting this agreement, you agree to receive these types of automatic updates without any additional notice. Microsoft has confirmed that this will, indeed, be the case going forward, with a company spokesperson saying that "The license terms for Windows 10 require Automatic Updates be enabled as a part of keeping our customers secure and delivering Windows as a service". As I said before, it will be possible for some users to tweak this behavior, but I believe it will be limited to enterprises, which naturally want more control over such things. Personally, I welcome Microsoft's approach, as, based on my experience, there are plenty of Windows users who need to be protected against themselves. Some can be so ill-informed that they will disable Windows Update simply because they do not want to deal with the notifications that pop up when their systems have not been updated in a long time. They will expose their systems and personal data without realizing it, then they will blame Microsoft or other parties for the performance of their system. Of course, Microsoft can expect some Windows users to have a problem with this. There are legitimate cases when having Windows Update download lots of updates can interfere with certain tasks, but, for the average user, this should not be a problem. It can also be argued that some updates need to be "proven" before they are applied, but, again, times when such issues occur can be very rare. Another thing to note is that, by making automatic updates mandatory, Microsoft will be making it easier to keep users' systems current after releasing major Windows 10 updates, not just minor updates and security fixes. If, for instance, there will be a Windows 10.1 in the foreseeable future, it could be possible to have it automatically install right after being made available. Such an approach would make it possible to avoid the Windows 8.x update disaster, where there are still lots of users -- 2.9 percent of all PC users, to be exact, which is more than Windows Vista has -- running Windows 8 despite Windows 8.1 being offered as a free upgrade. This is a problem that Microsoft does not want to deal with again, if it is possible to avoid it (and it is), because it hurts it in the long run. Source: WinBeta
  22. First POPLA appeal post Beavis. At a site that I have previously won appeal at POPLA on 'GPEOL' and 'no evidence ' , the assessor has upheld the appeal because PE have not provided evidence that they have the authority to issue Parking Charge Notices. They just said they were allowed to... Appeal was simply; Show breakdown of genuine pre estimate of loss. Proof by sight of contract, that PE have lawful authority to issue Parking Charge Notices. That the charge is not punitive.
  23. I have been helping a friend over the past few months. They were struggling financially and asked for my help. They had been aware that I often post in various forums on CAG. But did not ask for my help until it was almost too late. The debt was a credit card from 02/02. Defaulted in 2007. Since I started to help them in early January '14 and I have written just 9 letters and 11 calls (recorded). Today I got an email from my friend stating that the account is now closed and will be marked as satisfied on their credit file, plus a nice amount of cash left in credit that was refunded by cheque... The debt was over £2.5k and had seen many DCA's trying their luck. Without success. The result can be seen in my attachment which has been redacted. The reason for this post is to let new posters know the advice given on CAG can and does work, if you follow this advice you too could sort out your debts. You may not get the same result as I did but if you don't lay down and be trampled over by the banks and DCA's then you can get in control of your debts. Letters sent were CCA SAR formal complaint official complaint a few others a LBA and finally a thank you letter lol
  24. In small claims court the claimant won. The reason given by the judge for them winning was something they actually lied about, on more than one count. (Obviously the judge wouldn't know they were lying or wouldn't have judge in their favour.) I didn't have the evidence with me at the time against the claimants lies because I wouldn't have known what they would say or be prepared to lie about to win their case. The claimant seemed very clever, because everything I had against them the judge seemed to look in my favour but somehow the they seemed to wangle their way out of the questions from the judge. I have no experience of this sort of thing, had no idea what to expect, found it very daunting and it obviously made it difficult for me. The value of their claim is £1-2k. Not for assault or abuse etc. I have written evidence that can prove the claimant was lying in court and want to appeal. What will happen to the claimant if they are found guilty of lying? Will they just lose the case or be further punished? Before court, I offered to split the value of the claim because I didn't want the hassle, (Even though I believe it should have been £0) but the claimant didn't want to know.
  25. I woke up this morning to an email from Post Office Van insurance informing me that my policy has been cancelled. I was laid off in the first week after christmas and had to reign in my direct debits to avoid bank charges and missed two payments. I started back work last week and had been planning on paying the money owed in full yesterday but did not get a chance during the day and so thought i'd call them today. However what I am really annoyed about is that Post Office simply cancelled the insurance. No phone call just a straight robotic cancellation. I will freely admit to everyone on here, as I did to Post Office that I have had a change of address and I have not therefore received any correspondence. However I still believe that for something as important (legally) as insurance, insurers should not cancel your insurance before speaking with you. This is 21st century communication. Letters are antiquated and too slow for matters as these. Even if I had been living back with my parents the letter would likely have not turned up today and I would now be driving around with no insurance with potential life crushing consequences such as car crushed etc etc. I check my emails everyday. A search in my gmail box shows no email from post office for at least as far back as november. When I called this morning and explained my personal circumstances and offered to pay the arrears I was told it was not possible. It seems curious to me that Post Office emailed me to cancel the policy, (therefore giving the cancellation notice special communicatitive consideration) but they did not email me to say that this was going to happen if this that and the other. That leads me to beleive that they know that sending letters is not the most effective means of communicating and thus the need to email in addition. As mentioned before I have not received an email for any reason in at least the past four months. The great thing for the industry is that this practice benefits the industry as a whole. For every person this happens to looses their NCB and has to pay a higher premium. Very convenient that flawed communication effort. Seems as it is a legal requirement for one to hold insurance to park or drive a car on a public road then it should be a legal requirement that insurance providers provide a reasonable, fair and accurate service. *******s. I have no idea what to do about this but I don't want to become a silent victim. I believe the above must be happening to many other people to the industries benefit. Does anyone have any suggestions about how or what I can attempt to get some justice? Thanks for any help on this, Daniel
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