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    • Agree completely.  What is disturbing is that VCS actually went for an appeal, the motorists were too lazy to turn up so Simon now has an appeal level verdict in his favour.
    • There were a number of matters that concern me in Judge Saffman's verdict. The first is  that you cannot form a contract with a forbidding  rule. This was not the case in PE v Beavis as it was within the bounds of a carpark where motorists were allowed to park their cars.  Also if a motorist who does stop when apparently they shouldn't is therefore a trespasser and as such VCS cannot sue for trespass only the landowner can do that. Secondly and the Judges in the Beavis case alluded to the fact that while the amount charged -£85- was not a penalty, that had he offence been one of secondary importance then the charge would have been a penalty.To pull off the road for 30 seconds would in most people's view be of secondary importance and therefore a penalty. It is interesting to note that the new Appeals charter for motorists will include mitigating reasons and a tiered system to differentiate between major and minor offences.  On top of that what does a driver do if a pedestrian walks out on to the road. At the moment it looks as if the driver has to run them over since to stop would bring on a fine. That would be ridiculous. And what about a tyre burst or a collision between two vehicles? The Law for the latter  is that you have to stop and exchange details. And there are several other reasons why a motorist may have to stop and none of them would be mitigating. And for every case where a "no stopping" rule has been upheld by a Judge, there have been about  five where the decision has gone the other way.   The Judge paid too much attention to the Beavis case and took its arguments into consideration to justify his reasons when the Beavis case had little similarity to the no stopping case which was confirmed by the District Judge who staed that the two cases "were substantially different on the facts".  
    • Ok I sent off my letter to Gladstone and MB, now the waiting game. I showed MSE and National Consumer Service my letter before claim response and the majority people were not impressed with my letter.   But after reading this quote on CAG, it feels like the next best approach regardless: ''No, it is not a joke reply. The more you show these con artists respect the more they will try to fleece you. Don't fill in their Section D. Treat them with contempt. They're not the police or the council, they have no right to this money and they know it.''   I still feel I've made the right decision but I feel doubtful at times with the wide amount of different opinions people have approaching this situation on the MSE and National Consumer Service forums.   (When I put in p.e.p.i.p.o.o it auto corrects to National Consumer Service)  
    • Exactly which is the core issue for the dispute they have estimated an annual usage in excess of 100,000 kWh of gas. Not only estimate it but they have attempted to bill for it as well.   This is again why I move to make a case for fraud. Their action is so egriegous it must be known to be dishonest and potentially a deliberate move to prevent switching supplier.   Therefore any corrective action does not hinge on my input, notwithstanding it is not required in their terms and conditions.
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      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
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OMG Connaught/First credit SD**WON-Setaside plus costs**


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Can't say I am surprised!

 

Its no wonder that the act of sending SD's willy nilly is a "scenario" which encompas First Credit by name....I'm sure they would be really proud of that one....... they could put with the equal opportunity employer (employ anyone as long as pond ****) and customer service badge (Haha!)

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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MONX

 

Did you have to prove to the judge that the debt was Statute Barred?

 

 

Yes, I had to show the document I got in return for my SAR and the statement they printed off at the branch when I went in to collect it. They were all dated 2001 and I told her that I had neither ackowledged the debt in payment or writing since then.

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Hmmm slightly worried that YOU had to prove it WAS statute barred as opposed to the judge requesting the alleged creditor to prove it wasn't...although any other judge would request that if you weren't able to verfiy....

 

If they don't pay send them a stat demand.....

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It's for less than £750 ... unfortunately!

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Hmmm slightly worried that YOU had to prove it WAS statute barred as opposed to the judge requesting the alleged creditor to prove it wasn't...although any other judge would request that if you weren't able to verfiy....

 

If they don't pay send them a stat demand.....

What if you had asked 1st Credit to prove it and they either ignored or were unable to prove it wasn't Stat Barred?

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Sorry, perhaps I didnt word that correctly. I didnt have to prove that the alleged debt was statute barred, she asked me how I thought the debt was statute barred, I think she was just establishing that I had done my homework in order to have the costs awarded. I got the feeling that if I had just mentioned statute barred but couldnt prove to her that I knew what I was talking about then she would have just set the SD aside and sent me off with a flea in my ear.

 

Sorry to have misread your question, hope this clarifies it.

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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as we are debating sd, any comments on this

 

once a sd is set asside, what happens to the debt, ref enforement

can the dca then go for a ccj or is the dca now excluded

 

if a dca sells it on, does the original set asside follow it

 

sorry if the question has allready been answered,

just educating myself

 

many thanks

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As far as I am aware,(this only my opinion) the SD itself is now set aside which means that the DCA cannot proceed with a petition for brankruptcy and in my case as they are in default of providing a CCA or any proof of the payment or acknowledgement of the debt in the last six years then they cannot pursue the debt.

 

If they ( in my case I seriously doubt it) come up with any proof, they can start up the process again. It is more likely that they will just sell the debt on.

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Hi sorry to jump in on your thread m8 would a copppy of your credit file prove the non payment of the debt in the last 6 years be evidence in court that you havent payed anything as in its not on there just an idea.

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monx gets their moment in time ;)

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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What splendid news!

 

I think you should forward details of the case to the OFT's Consumer Credit Licence Fitness Team, since Worst Cretins behaviour in this case is clearly in breach of the conditions of their licence, and the OFT will doubtless wish to take it into acount when considering renewal.

 

Hear Hear ! nice one !.

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well done monx glad to here there is another boot in the backside for these demands.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi all

 

I got the letter from the court today, cant scan it in at the moment as the sprog as got the camera, however I am thinking of having this framed:

 

IN THE SOMEWHERE OVER THE RAINBOW COUNTY COURT CASE NO:SD1234

IN BANKCRUPTCY

BEFORE DISTRICT JUDGE: VERY NICE LADY

ON MONDAY

 

RE: MONX

 

UPON HEARING THE DEBTOR IN PERSON AND UPON THE CREDITOR NOT ATTENDING BUT HAVING WRITTEN TO THE COURT

 

IN THE MATTER OF THE INSOLVENCY ACT 1986

 

IT IS ORDERED THAT

 

1. THE STATUTORY DEMAND DATED WHENEVER THEY DAMN LIKE BE AND HEREBY SET ASIDE.

2. THE CREDITOR DO PAY THE DEBTOR'S COSTS ASSESSED IN THE SUM OF £225, PAYABLE BY 22ND SEPT.

 

I am so glad it came I was beginning to think that I had dreamed it!

Edited by MONX
doh, posted it before finishing typing it!

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Nice one, don't forget if they DONT pay the costs stated by that date go back to the court and ask for enforcement of the judgement.... ie send in the bailiffs.... be nice to see their faces when the boot is on the other foot.

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Nice one, don't forget if they DONT pay the costs stated by that date go back to the court and ask for enforcement of the judgement.... ie send in the bailiffs.... be nice to see their faces when the boot is on the other foot.

 

 

Part of me kinda hopes they dont pay in time, so that i can play with them a little (in the way a cat plays with a vole you understand)!:oops:

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Frame it :D

  • Haha 1

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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Thanks for the nice rep. comment :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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MONX

 

How long after you got your SD set aside date, CON told you thet were not attending Court.

 

HAK

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