Jump to content


  • Tweets

  • Posts

    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
    • what device are you using? copy all the questions then come here to this thread and paste them. then answer each question click on red give answers here. when done  hit submit reply bottom right.  
    • No because it's locked. You need to copy the relevant part of the questionnaire and paste it into this thread. That way you can overwrite. HB
    • Hi  I'm not able to overwrite the red writing to give answers on the questionnaire.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Help


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5046 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Surely the above agreement will not stand up ?

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

  • Replies 1.6k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Thank you very much PT it is fast track

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

If you want to see any of the exibits just shout and ill post them up on photobucket

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

i gotta pop out now a collect my sister for a party tonight at the royal british legion but ill be back in 1 hr once again thank you so much i have high blood pressure (hypertension) symptom of my stroke i had and it is really beginning to worry me now and send my blood pressure up.

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Thank You PT that looks fantastic in light of the time i now have should i send this to the court special delivery and do i have to copy that to optima legal ?

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Thanks PT ill get that sent first thing on the 2nd January 09 via Special Delivery

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Thank you very much PT for putting my Court Case on a straighter line I was totally lost when that came though my door this morning.

 

Happy New Year to you

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Thank You BRW and yes indeed great work by PT with him on board it makes me more stress free.

 

BRW this an open forum so you are more than welcome to use whatever on my thread.

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

PT I've printed of the first two links you gave me but I'm struggling to find any updated info to the consumer credit act if there is any on the link below:

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/27535-consumer-credit-act-1974-a.html

 

I would be grateful if you could point me in the right direction.

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Thank You PT you are a star:)

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

HEHE glad i brought some more printer paper today :D

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Hiya PT and All,

 

Just to let you know I sent that Witness Statement to court this morning via SD and they will get it Monday by 9AM.

 

Thanks for your help and knowledge I don't know what I would of done without your help.

 

Being a full time unpaid carer to my mum in law im finding it hard to keep pace with all this so you help in keeping this on track is much appreciated.

 

Ill post back soon as i hear anything.

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

http://i321.photobucket.com/albums/nn363/pompeyfaith/MBNAAGREEMENT.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/MBNADEFAULTNOTICE.jpg

 

Good Evening All,

 

Could someone have a look at the agreement that i was sent from optima legal and tell me if it would stand up in court personally i don't think it will but i could do with someone telling me where it falls flat.

 

Also if this is all that MBNA can produce am i right in thinking a default should not have been issued against such a poor agreement.

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Yes pt you did and fully understood,but what im trying to work out is exactly where the agreement falls flat apart from clause 8 as the agreement merely looks like an application to me.

 

Regards

 

Leon

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

PT tank you for the help and advice you have been giving me but now im not sure what to do next.

 

I recieved a witness statement from optima legal which was sent to me via the court but now today i recieved another bundle direct from optima legal at first i thought it was just a copy of the same which the court sent me.

 

But on closer inspection it is as optima legal say A SUBSTITUTION OF THE STATEMENT LODGED AT COURT PREVIOUSLY IN RELATION TO THE CLAIMANTS APPLICATION FOR SUMMARY JUDGMENT.

 

What do i do in response to this ?

 

Shall i scan and post it up for you to see.

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Anyone tell me what this means, if MBNA are taking me to court now come the balance on this statement is NIL.:confused:

 

Where has the balance gone ?

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/MBNASTATEMENT.jpg

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

OK all,

 

Having studied all this paperwork for some time and i apologize to PT it looks like optima applied for a summary judgment on the following witness statement:

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT1PAGE1.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT1PAGE2.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT1PAGE3.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT1PAGE4.jpg

 

But the judge turned it down in my absence according to this order:

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/COURTORDER1.jpg

 

Now Optima Legal have submitted another witness statement seeking to get the court to strike it out in there favour:

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT2PAGE1.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT2PAGE2.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT2PAGE3.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT2PAGE4.jpg

 

Where do i go from here.

 

Regards

 

Pompeyfaith

Edited by pompeyfaith
spelling

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Thank you BRW i will do as u say i think they r indeed paniking as i now believe they brought this case before they got hold of agreement which is very poor to say the least Regards

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

as i thought PT so the judge will still use my statement against their latest offering ?

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

That is correct Blind as a bat had they responded to my sar i would not indeed sent a CPR PART 18 to the claimants. Well spotted also since when was a fee required under CPR 18.

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

So does that mean MBNA have sold the debt and if so who too because as far as i can see according to all the paperwork received from Optima Legal they are working on behalf of MBNA.

 

They also applied Court fees to the account befoe charging it off can they do this before issuing an N1 and if so why are optima charging me this fees again.

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Good Evening All

 

Well my day in court is nearly here Thursday.

 

Could someone review my last few posts and tell me is there anything else I should be taking to court. Just because of my stroke i had my memory is not what it used to be and i don't want to get to court and find that i have forgotten something.

 

Also regarding the costs should I take the EX160 with me filled in i assume because my benefits are under the threshold i just need to take my tax credit award?

 

Also who do i give this too.

 

What case laws do i need apart from the ones ive used in my witness statement.

 

Any further help in preparing this i would be so grateful.

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Thanks Supa although i am starting to brick it now but im sure ill be ok on the day.

 

Thank you Caro for that link although it applies to bank charges they is a lot of useful info in there.

 

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Thank You Caro very good advice im in the process of compiling my questions now.

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...