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    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   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. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    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 or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  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.
    • std letter the court send simply telling you the claimant has 28 days to do 'something' else the claim get autostayed.   go read a goof few 10's of PCN claimform threads.    
    • Update. I get the feeling they will try and take me all the way. Just have to wait and see. court letter..pdf
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H.O.L Test case appeal. Judgement Declared. ***See Announcements***


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Thanks for pointing that out photoman. Will have a good read of that later on. :D

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Thought:

 

If the judgement is to be handed down on Thursday, then it is almost certain that the Banks lawyers have seen it already. I wonder if that contributed to the general tanking of bank shares yesterday?

 

just a thought

 

Dad

 

Your not suggesting that the banks old boy network would resort to insider dealing on the stock exchange are you? :rolleyes:

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2 days ago I had a direct debit paid out of my account without any funds in.... guess what no £39 charge... I called and asked why I wasn't charged you should have heard the lady on the phone she was very confused and thought I was asking to be charged..... she then put me through to somebody very quickly who never really gave me much of an answer... bearing in mind I am waiting for approx £300 of same charges from same account to be returned pending the case result..... I asked had they received the decision ..... she said no.

 

I dont like reading into things but it does appear the banks are back tracking rapidly and staff havent got all the answers just yet...... roll on thursday .....

 

anyone who works for the banks have any insider info???????????????

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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this wont happen for the simple fact is the goverment have already made a decision to remove the Freedom of Information Act ACT concerning NORTHERN ROCK and its data as being sensitive information,this will also effect the banks ALL BANKS from revealing sensitive information and since the GOVERMENT DECIDED TO CHANGE THE LAW this will set a precedent concerning the bank providing data in how they arrive at the charges,this has happened right under our noses and without so much as a whimper from joe public

 

imho

patrickq1

 

Good.......no info........they want to hide behind the FoI exemption.......then I'm gonna re-claim a squillion quid & let them prove different............estimated you understand:D

 

Seriously the only reason the Government would want to exempt NR is because it's a nationalised company those that aren't, like the other banks, ain't subject to the FoI

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This is from MSE's weekly email;

 

Bank Charges Result Thurs & 2,000,000 Thanks!

Bank Charges Test Case Result Due This Thur 24 April. The result of the Office of Fair Trading and Banks' court case will be handed down on Thurs. This will answer whether it’s possible bank charges can be unlawful under unfair contractual terms rules. If they can, the OFT must then say whether they are unlawful, which it’s likely to do.

 

I thought this wasn't a foregone conclusion, though? ;)

 

Can we make £2million in the next 24 hours? I'm off to the bar! :p (Maybe)

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GOVERMENT DECIDED TO CHANGE THE LAW

yes jon without legislation,well looks like the select committee are again coming back to this and also the transparancey they will from what i can gather be looking at more data from NORTHERN ROCK and just what was involved and the letters that the fsa knew about a crisis long before it hit the fan as did BoE and MR BROWN ,so he may have to face the select committee to explain this ,if it does happen it will be unprecedented,so i await the select commottee report on this ,as for banks i beleive they get the deciscion today as being the advance notice prommised so by this eve we may get to hear rumors but as we all know not to be beleived until we see it all in print and again their will be an appeal proccess so it aint over till the fat mamma sings

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Hi All

 

Have just read, on Martin Lewis' MSE site, that a decision from the Judge will come TOMORROW (24th April). This is what he's said -

 

" . . . Bank Charges Test Case Result Due This Thur 24 April. The result of the Office of Fair Trading and Banks' court case will be handed down on Thurs. This will answer whether it’s possible bank charges can be unlawful under unfair contractual terms rules. If they can, the OFT must then say whether they are unlawful, which it’s likely to do.

 

The impact on bank charges. If that happens the door for bank charge reclaiming should be reopened, hopefully with an easy system so people can get their money back. . . ."

 

Very much hope that he is right!

 

All the best - Adam.

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Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

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I was under the impression that we werent going to get a result until something like July? Wasnt it getting delayed? Or have I got two different things mixed up?

Lowell Financial - No CCA available

NDR - CCA request sent 08/04

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I also heard the Judge.........is going to order the banks refund the charges just before going on his hols.........so as to avoid the wrath of the bankers...........Of course not...a rumor......is a rumor.......is a rumor...on the otherhand.......if it's true;)

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I also heard the Judge.........is going to order the banks refund the charges just before going on his hols.........so as to avoid the wrath of the bankers...........Of course not...a rumor......is a rumor.......is a rumor...on the otherhand.......if it's true;)

 

Maybe he has a claim pending too and he wants the money back before his holiday to use as spending money while he is there :)

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i hope so,then some un elected bod can get it stuffed up his a** NORTHERN ROCK should have been left to go bust ,and if one thing is for sure it would bring down this goverment and possibly cause a landslide throughout the banking industry as most of them are relying on the secret deals for finance from the BoE and they would have to come clean as it is no one has been transparent to date concerning figures all of this happened through creative accounting if you go back 5 years barclays have made in exces of 65bil yet they have no cash HALIFAX cannot even lend money on small loans upto 5 thou so it looks like halifax are sailing close to wind how many more,,,,,,

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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I hope Martin is right (He is not always!).

 

The Judge said his announcement would be made on a Friday so the banks had the weekend to prepare so there must have either been a change of heart or the banks have known since last week!

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i hope what martin says is true. last i heard judge said that his ruling would make history whether that means we win or banks win i can only guess, also the banks wanted more time to think any decision against them over, maybe the banks have won if results are published on thursday. which ever way it goes we could lose out, if banks win we have to stop claiming and accept what ever they want to charge, if banks lose we could have to pay for all transactions done with the banks. only time will tell.:???:

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From my understanding it is a three way split

 

1. Outright win for the OFT

2. Outright win for the banks

3. Compromise - ie SOME charges will be unlawful...

 

Gleaned from several newspaper reports this evening.

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The Judge said his announcement would be made on a Friday so the banks had the weekend to prepare so there must have either been a change of heart or the banks have known since last week!

 

Not quite the case - the judge agreed to give both sides 48 hours prior knowledge of his judgement - so the banks do actually know as do the OFT and will have known from yesterday

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Roll on Midday

 

By then the news should have a full grasp

 

Fingers crossed folks

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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I joked with abbey today about another bank needing a loan to pay off bank charges and the girls behind the counter laugh and said Abbey had enough to pay the charges, not that they didn't know or that they were not going to pay....

 

She got a black look from her boss, and looked down quickly....

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