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    • but have they got PP for their signs and ANPR poles now? worthy of a new check.   the fact that she has no proof of purchase is immaterial if it ever went to court they would have as you will demand.and they must..supply data/.a list of all car regs from anpr and all the data from the payment machine
    • I read through that today. It’s interesting, but can SWIM use the planning permission as a defence?   Also florence’s case is quite different. They have since put signage up relating to number plates as far as I am aware. Also she had her ticket as proof of payment. As I said before SWIM dose not as it was thrown away. 
    • Further, i contacted the Torbay Planning Department by telephone and email and they did an investigation for me going back to 1991 and they emailed me back staying there is NO APPLICATION OR GRANTED PERMISSION FOR ANYONE (Land owner or Leese) TO ERECT ANPR OR SIGNAGE FOR ENFORCEMENT OR FOR ANY REASON IN THE CROSSWAYS CAR PARK. So i really hope that helps someone else.     
    • Vehicle was hit today. Really annoying.   A supermarket van had illegally parked on double yellow lines to deliver its crate of food. The lines were on a main road to the corner of a small street.   My car came out of the small street very slowly - like 1-2mph.    The main road had a build up of traffic.  The large van had blocked any ability to see to the left and if any traffic was coming from the left.    So I just had to drive super slow.   As my car started to edge left into the main road a car came fast from the left (on the opposite side of the road - but it was over the centre line)  My car stopped to avoid the fast car - which was fine; nothing happened.  But all of a sudden my car and the van were "attached". I don't know how it really happened.   As I was turning I had had enough space to turn without hitting the van; yet suddenly the rear square-end (and sharp) bumper of the van was embedded in the passenger side of my car. No damage at all to the van.    But the van took a gouge out of the car - at the joint of the passenger door and rear side panel.   The only possible explanation is that the van started to reverse across the exit of the small road at the same time as I was exiting and the driver just didn't see my car.  This is the only way the two can have hit.  I have good spatial awareness and I would not have misjudged the space. No-one was hurt; the van is fine; my car needs to be mended.   So where does the guilt lie?     The van parked illegally on double yellow lines obstructing line of vision and vehicle safe exit from a road?  The van reversing without looking?    Or mine?    The driver immediately said I was to blame.   I took photos of the van reg and how it was parked. It was minor but I was stressed and a bit emotional as it is the first "accident" I have had...    I didn't take the driver's details nor did I give mine. The driver asked me to delete the photos.  I refused. Then I drove off.   Shall I get a quote for the repairs?    Is it worth contacting the insurance?    Will they apportion the blame?    I've never made a car insurance claim.    
    • Yes I have seen other posts on here relating to them. I know that they do take people to court even when it seems they know they will lose. My question would be without a ticket what proof dose SWIM have and what case can SWIM make to defend themselves.    Presumably the Courts in Devon must be tired of having to deal with PPS cases?
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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      Do you have a mortage arears claim to make? Then post your story on the forum here
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      • 0 replies

RBS - Leeds CC - Danger of Strike Out

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Hi, I really needs ome quite urgent help :???:

Last August District Judge Flanagan (Leeds County Court) stayed our claim against RBS for unfair bank charges, pending the outcome of the test case.


part 2 of the order is

2. If no part shall file at the court office by 4.00 pm on the 7 August 2008 a written request for directions and/or a hearing date the claim shall be struck out without further order on that date.


I'm not sure what I should do.

What does it mean request for directions?

Is there any point askign for a hearing date?

When it says file at the court office does it mean goign in or can we just send it by post?


The letter we had from RBS solicitors, Cobbetts, did say they would not see claimants disadvanted by stayed claims. this sort of makes me think that they woudl agree torefund the £120 court costs if the OFT ruled charges unfair. So we woudln't lose outon that. Am I being very naive?


Does anyone have any advice for me or any suggestions of which threads to read?


Thank you


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I would consider submitting the following draft order to court requesting that the claim be allowed to proceed.






In the XXXXXX County Court

Claim number XXXXXX




XXXXXXXX - Claimant




XXXXX - Defendant


Draft Order for Directions


1. The Claimant shall within 21 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.


2. The Defendant shall within 21 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

• g) Copies of "manual intervention" sheets relating to the customers account for 6 years in the absence that they have not been provided thus far


If the Defendant fails to comply with this order, the Defence will be struck out without further order.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Thank you so much for that Enron,

I know I have left this really late, I would buy the smalls claims reclaim pack adveritsed on here to help me with this, but it would arrive too late as I have to get this in by 4pm on Thursday. So was wondering if anyoen coudl answer these questiosn to assit me.


Does the Draft Order need to be on specific claim form? i have looked at the claim forms on the court website and cannot see which to use. Can i just write a letter with the information that Enron has provided above?

Will it cost?

Can I post it or do I have to take it in person?


All hints, tips and friendly words appreciated. Feel really foolish for leaving this to the last minute :(


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I've looked at the online court forms, the N244 doesnt seem to be right for this. Also becuase the bank did not defend the claim they just requested a stay instead, I dont think I can use the AQ.

Do I need a court form at all? Can I just put it i a letter?

I have to do this today otherwise the claim will be struck out tomorrow. Anyone able to offer any help?

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