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    • I Know I will get flamed for this , but for once time only I am with MET . The so called  “graffiti” is there to help people , Parent and child bays , Disabled bays , and electric charge point bays are all there for a reason  , just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space . how would you feel  if the bay was obstructed . I have no doubt the experts here will guide you to having the parking charge cancelled . But morally ………..
    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach 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 and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   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 alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
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MissPhonic

Test case vedict - what does it mean to me?

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Morning all!

 

Not been on here for a while since my case was stayed by the judge in August, but I'm digging out my paperwork, dusting it off and picking up where I left off - I think?!

 

What does the verdict mean? What do I have to do now or will the court process get moving all by itself again?

 

I would be grateful for any advice in idiot terms please!:p

 

Vicki

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Arses!!

 

Just read the BBC News story and I quote:

"Cases currently on hold in the county courts will stay on hold until the end of May, when the banks will decide whether they are going to appeal against the ruling."

 

Bottom Burps!

 

Vicki

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hi , im same as you got stayed in court in sept /oct , dunno if we have to apply for stay to be lifted or not im trying to find stuff out , just keep reading diff forums i guess some one will post answer soon enough :)

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I so hope that they dont appeal, I guess that will hopefully thrash out a deal behind closed doors where they can agree on say £1.00 per charge and we all get lovely fat cheques sitting on our mats within the next few weeks.

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Looks like it could take up to 12 months or when the case is finally resolved which ever is soonest.

The banks will surely appeal, we will just have to wait and see this looks like going on and on and on

In the mean time they can continue to rip us off


Lloyds TSB (SARS) request sent 9th June 2006

£2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267

MBNA SETTLED IN FULL 15/09/2006 £829

Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006

GE MONEY SETTLLED IN FULL £400

Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350

Welcome Finance PPI 2 accounts one settled £1018 waiting on other

GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008

Lloyds TSB PPI CC complaint sent 10/04/2008

Black Horse PPI with FOS 20/05/2008

HFC PPI complaint sent 22/05/2008

 

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I really don't think they will appeal, they are struggling enough to get people to bank with them, what with the credit crunch, so if they look like the good guys and pay out, they might think we will plough the money back into their coffers. (fingers crossed I am right).

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I really don't think they will appeal, they are struggling enough to get people to bank with them, what with the credit crunch, so if they look like the good guys and pay out, they might think we will plough the money back into their coffers. (fingers crossed I am right).

I am loving your optimism Jules. I hope you are right.:D


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well a girl can dream :D

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I really don't think they will appeal, they are struggling enough to get people to bank with them, what with the credit crunch, so if they look like the good guys and pay out, they might think we will plough the money back into their coffers. (fingers crossed I am right).

 

 

Also the interest will be building in the meantime!!

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I havn't had the time or inclination to plough through the whole of the 119 pages of the judgement and there is no index, so my question is " is there anywhere in this judgement that relates to the Abbey National's historic T&C's and in particular their reference to a "Breach of contract" between the bank and the customer.

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I so hope that they dont appeal, I guess that will hopefully thrash out a deal behind closed doors where they can agree on say £1.00 per charge and we all get lovely fat cheques sitting on our mats within the next few weeks.

 

I feel if the banks and the OFT did thrash it out between closed doors and between them came up with a reasonable figure for charges, the banks would curtainly save some face. I worry the longer this goes on the more changes there are of the government getting involved and we all know who's side thet will take.

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I havn't had the time or inclination to plough through the whole of the 119 pages of the judgement and there is no index, so my question is " is there anywhere in this judgement that relates to the Abbey National's historic T&C's and in particular their reference to a "Breach of contract" between the bank and the customer.

 

I did plough through it all its heavy and there isnt a refference to the "breach of contract" although it is stated that their current terms and conditions arnt written in a way that makes them clear to joe public

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Hi CAG

 

So for all that have had "Stayed" Cases what happens next, Do I contact the Small Claim Courts, will the Small Claims Court Contact me, Do I contact the Bank or will they Contact me. If this was the other way round I bet the letter would have arrived in the post by FedEx from thee Banks I wont my day in Court or pay my charges and s69 interest with it back asap thus the "Credit Crunch" wont be a lack of it cash crunch I can pay off two credit cards and finally burn them for good "NO MORE CREDIT!".

 

So I hope some one on this forum can explain what we can or cannot do, As I assume I contact the Courts for my "Stay to be un Stayed and expect another Court Date!.

 

Regards


Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

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Basically we have to wait till the 21st May to find out if the banks are going to appeal. If they are not going to appeal we have to wait for the OFT to decide if the bank charges are fair or not, after that the OFT and Banks have to settle on what is a fair rate of charge. I imagine that if the banks are not going to appeal we will be able to go to court to get the stays lifted, however I doubt very much that any judge will want to decide a case until the OFT has finished its investigations. No doubt someone out there will correct me if i am wrong.

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Am i right in saying, if the banks appeal about the fairness of the charge,could'nt the OFT appeal on weather its a service or a penalty by using the old t&c.... Just a thought.

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