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    • It’s all unsecured loans and credit cards. Mainly loans now though as most credit cards are paid off.   so 95% unsecured loans.   I just don’t know my situation job wise it’s almost impossible to say whether it’s likely or not just don’t want to be caught out by it. My mental health trying to pay this off has taken a huge hit also if I’m being honest. I feel like mentally I need some kind of respite and the credit file cost is something I can accept also. 
    • Depends on whether part of the roof needs to be replaced and whether it is a standard roof type,  but the works should only take a day or two. Someone I know had a whole semi-detached roof replaced in about 12 hours. Suggest you put it in writing to the business about the issues you mention in your post.  Also as business premises, you could also apply pressure by contacting local Council if necessary. 
    • Thank goodness it's not your roof and you get to foot the bill! How big are these bits of mortar? How often are they falling into your garden? Hourly, daily? Just go ahead with your plans, of course, they're not going to be worried by your time pressures and the urgency of the situation, so simply carry on as you would have done and I'm sure everything will go fine. Unless there is a danger to life and serious structural issues which mean you cannot venture into your garden, then IMHO there is little more you can do less for what you have done so already and made them aware of the issue.
    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Second time around!!


westwalian
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Thanks

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Hi - I have spent a long time reading templates etc and really good site - what I need to know is do I ask to close account and offer to pay back in installments (I am worried about further charges) or do I do something else?

Regardless I am going to move salary in next couple of days

 

Hiya Cleo, just leave your bank account where it is, progress your claim as far as you can but open another bank account for your daily finances (wages in and bills out) that way the bank cant just keep taking your money. If you have any loans with the bank set up standing orders to your old account to keep up your payments of these.

 

If your claim for the return of unlawful charges is the same or more than the balance of your account you have no fears from the bank because they owe you more than you owe them. If your overdraft is more than your claim value then its probably a good idea to set up some payments to get this down to your claim value, don't worry about new charges because you can add these to your claim before you submit it to court and start another claim for any new charges after you have gone to the courts :).

 

pete

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There you go cleo - I think this is what you're looking for : :)

 

Below are listed the Court Fees which were updated on 1st October 2007. The court fee must be paid when the Claim Form (Summons) is submitted to the Court and will be added to your claim. In addition there is now a fee when a hearing is appointed. These are listed separately below.

 

ISSUE FEES

Claim Amount Court Fee

 

Up to £300.00 £30.00

£300.01 - £500.00 £45.00

£500.01 - £1,000.00 £65.00

£1,000.01 - £1,500.00 £75.00

£1,500.01 - £3,000.00 £85.00

£3,000.01 - £5,000.00 £108.00

£5,000.01 - £15,000 £225.00

HEARING FEE

The Hearing Fee is payable by the Claimant prior to a Court hearing date being allocated.

Claim Amount Court Fee

Up to £300.00 £25.00

£300.01 - £500.00 £50.00

£500.01 - £1,000.00 £75.00

£1,000.01 - £1,500.00 £100.00

£1,500.01 - £3,000.00 £150.00

£3,000.01 - £5,000.00 £300.00

Fast Track Case £500.00

 

Additional Court Fees

There is an allocation fee of £35.00 which must be paid by the Claimant if the claim is between £1,500.00 and £5,000.00 and is set down for a court hearing. For claims over £5,000.00 the Allocation fee is £200.00

the full link is on:

Small Claims Court costs - support for claimants making county court claims using the Small Claims Track.

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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I hope you lot have dug deep into your long pockets and thrown some CAG's way to bolster the fighting fund????:grin:

 

Hey , freaky ! What are you implying - just 'cos I'm from north of the border............. :rolleyes:

My donation was in last night Mate - this site is necessary to help people get what they're entitled to ............

 

:D sermon over....lol

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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And I've just noticed - I've passed the 2000 posts mark - lol ! Got a bit to go to catch you and bookie though......... :D

  • Haha 1

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Good on you Johnny.:D With those short arms and long pockets I know how difficult it must have been for you.:D:eek:;)

 

Seriously, Thanks mate. This site has helped so many people re-claim what is rightfully theirs and will continue to do so. That is why we can't let it go without a fight.

 

Congrats on the 2k posts. :D

You can't half do some gassing can't you!!!:p:D

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I've had what seems to be a bog standard letter basically stating about their legal issues with FSA and OFT la la la! I'm in a position to submit my claim to court but just to check.......from Mr Lex's earlier thread dated 5.10.08.....I submitted my previous claim via MCOL, should I now submit it via the local court?

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Hi Westwallian,

 

If you have sent your LBA now is the time to file at your County Court. Use form N1 in the templates library :-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

Good luck

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 months later...

I am a bit confused. I have a claim on hold (stayed) with Lloyds, but since I submitted the claim, they have applied more charges. I have not paid them they have just put them on to my account and are saying that I am £290 over my overdraft limit and threatening action. Can I add these charges to my claim? I have not physically paid them but they are on my account!

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Hi dannys ,

You say your claim is 'stayed with Lloyds ' ...... I hope you mean it's stayed in court, because Lloyds can't stay claims, only courts can....

 

If your claim is stayed at court they can keep charging all they like, but they can't chase you for it because your counterclaim blocks it and they won't go to court under those circumstances ........

 

However , if your claim is 'on hold' only by Lloyds say-so, then you need to get your claim into the court system ASAP to counteract their action ..

 

PS .... as it's Lloyds Danny , you may want to open up a thread on their site - it'll get you n touch with more people who know how Lloyds work , rather than HSBC :)

 

But to get you started , if your claim is not at the bank stage ..here are a few links which may help :

 

http://www.consumerwiki.co.uk/index.php/Step_By_Step_Guide

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

Templates library

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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