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    • The important thing to know is that MET - although they will send you threat after threat about how they will divert a drone from Ukraine and make it fall on your home - hardly ever do court. Even in the very small number of cases where they send court papers, if the Cagger defends, they drop the matter before the hearing.  They have no real intention of putting their rubbish claim before a judge.  The aim is to find motorists who are terrified of the idea of going to court and who will give in when the court papers arrive. Thanks for doing the sticky and well done on finding F18's thread.  Do what they did.  On the first page - I think post 19 - there is the address of the CEO of BP.  Write to them, lay it on thick about being genuine customers in the various premises, mention the small kids, the very short stay time, attach any proof of purchase - and request that they get the invoice cancelled.
    • Thank you for that, I have obviously already been convicted so I think the appeal lodged is for the previous offence? Sorry if that doesn’t make sense. I suppose my only concern is that weds I go there and they don’t let a stat dec happen. If they do then as you say and solicitor says it’s highly likely I’ll be happy with the outcome. But I’m being told there’s no guarantee for the stat dec to be hard Weds as that’s not what the hearing is proposed for. Solicitor has stated that you can put a stat dec before a magistrates at any time so it shouldn’t be a problem.   
    • I re-read the extract from your  solicitor's letter this morning and think I might understand what they have in mind. I believe (and it’s only a guess) their strategy is this: 1.    You will make your SD 2.    You will enter fresh pleas to the four charges (not guilty) but will offer to plead guilty to speeding on the understanding that the FtP charges are dropped. 3.    If this is accepted they will attempt to argue that the two offences were committed “on the same occasion” 4.    You will be sentenced for those two offences (the sentence depending on whether the “same occasion” argument succeeds). They also have a plan in the event that your offer at (2) is unsuccessful and you are convicted again of the 2xFtP charges (and so face disqualification under “totting up”): 5.    They will make an “exceptional hardship” argument to avoid a ban. 6.    If that is unsuccessful they have already lodged an appeal in the Crown Court against that decision. (This is the only “appeal” I can think of). 7.    They plan to ask the court to suspend your ban pending that appeal. If I’m correct, I’m surprised the Crown Court has agreed to accept a speculative appeal (against something that hasn’t happened). The solicitor says this is to lodge it within the normal timescales. But you will have 21 days from the date of your conviction (which will be next Wednesday) to lodge an appeal with the Crown Court, so there is no need for a speculative appeal. I have to say that an application to have your ban suspended pending an appeal is unlikely to succeed. The Magistrates Court is unlikely to agree to it for one very good reason: if they make such an order (suspending your ban until your appeal is heard), all you need to do is not to pursue the appeal and the Magistrates order suspending your ban will remain in place. Hey Presto! No ban and no need for you to trouble with an appeal. Perhaps he will ask for your ban to be suspended for (say) three months or until your appeal is heard (whichever occurs first). This potentially creates a problem because if your appeal is not heard in that time either your ban will kick in or you will have o go back to court to get the suspension extended. But the solicitor obviously knows more about these things than I do. I would want to be very clear about this solicitor’s fees and what he proposes to charge you for. As I said, there is absolutely no need to lodge an appeal with the Crown Court. That can be done if and when it becomes required. But I am still firmly of the opinion that it is overwhelmingly likely that you will not need to progress beyond point 2 above. Point 3 is optional and I don’t know whether he solicitor has made It clear to you that the only thing you will avoid in the event of success is three penalty points. You will still be fined for the second offence and your driving record will still be endorsed with the details, but no penalty points will be imposed. Do let us know how it goes.  
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    • John Lewis' Privacy Notice states that their CCTV Systems does not use facial recognition or collect biometric data - so I assume it should be fine?    Thank you a lot for your reply. I've scheduled my first therapy session ne t week. Really the time to turn my life around..
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Please Help Court hearing on Tuesday HBOS (Scotland)


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Any help would much be appreciated.

 

I attended a preliminary hearing on the 9th August 2007 to which I wasn't surprised to see banks lawyer apply for a stay due to the OFT test case. Luckily the Judge didn't go for this and instead gave the go ahead to have this case saw this Tuesday 16th.

 

I was thinking HBOS might have settled by now but the only contact I've had is a letter from there solicitors yesterday asking me to call them to confirm my intentions.

 

I can basically deduce from this that I will have to appear in court.

 

The judge at the preliminary hearing told me I would have to bring forward a legal argument if I was to stand any chance of winning my case. This is the bit I'm worried about.

 

It would be a massive help if anyone has any pointers on what I'm best saying to win my case as I'm pretty sure I'll get cross examined on my knowledge of the law I'm reclaiming the bank charges against.

 

I'm taking them to court under the Unfair Contractual terms in Consumer Regulations 1999 and Unfair Contract Terms Act 1977.

 

Thanks in advance Stephen

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Hi Stephen and welcome to CAG. What did you put in your particulars of claim?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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hi

 

I basically used a template from this website. Niot sure what to write so here's thw whole thing.

 

The claimant, *****, has held a bank account with the defendant since November 1997 the account being ******* of money in penalty charges during the period 27th November 2002 to 14th June 2006. These were in respect of 'Charges as notified (levied if a cheque or direct debit payment was returned unpaid because the specified overdraft limit had been exceeded).

The claimant contends that these charges were legally unenforceable and the claimant is demanding the repayment of money. The Defender has refused full payment of these monies due. (copies of correspondence can be provided).

No admissions are made by the claimant as to the incorporation of any term into the contract between the claimant and the defendant purporting to entitle the defendant to levy these charges. If the defendant is able to establish that the contract did contain such terms, the claimant will contend that these charges are unenforceable at law, being penalty charges designed to penalise the claimant for a breach of contract and generate profile for the defendant rather than being liquidated damages designed to compensate the defendant for the actual loss occurring to the defendant as a result of the breach.

The claimant claims from the defendant a sum equivalent to the amount unlawfully debited to the claimant's account in the period 27th November 2002 to 14th June 2006. The sums are detailed in the attached schedule.

The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contractual Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

The Defender has a branch in Cumbernauld therefore it is under the juristiction of this court.

 

Hope that helps

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If you download the file here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html it will give you Unfair Contractual Terms in Consumer Contracts Regulations and the Unfair Contract Terms Act.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Also if you've got a copy of the t&c's you should take those with you.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Well you can take copies of the Acts that you wish to rely on. Remember to argue that the charges are for a breach of contract. If you post in the Halifax forum someone may be able to e-mail you a copy of some t&c's.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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i managed to find a few terms and conditions for the Halifax (2002 onwards). I assume that since the merger of the two banks took place in 2001 this T&C would be valid for my claim.

 

Can anyone clarify this as I seem to remember my T&C always saying its the bank of scotland with no mention of the halifax back then.

Cheers

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hi thanks for reply...

 

I turned up with a copy of the terms and conditions that i downloaded from a thread on here to use as evidence.

 

Because I didn't present this two weeks prior to the hearing HBOS applied for a sist to allow them to review the document. The judge favoured this decision and so a sist was granted.

 

My overall experience was that the Judge probably wanted a sist anyway to allow the test case to make the decision.

 

It seems if I apply for the sist to be removed submit the terms and conditions I would get a new court date round about january. This means I'm probably best just to wait till the test case.

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