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    • What should you do? Totally ignore them. Next time you are there take photographs of Athena's notice at the entrance to the car park plus the position of the others as well as any difference between the T&Cs of their signs. Also a picture of their payment meter as the T&Cs there are often different from the signs. Check with the local council to see if Athena have permission to erect signs and ANPR cameras under the Town & Country [Advertisements] Regulations -they are often online these days. Also ignore any future correspondence from them and their unregulated debt collectors and do not be afraid of ever escalating fees most of which have no basis in Law. The time to come back to us is if they send you a letter of claim where a snotty letter to them may discourage them.Also read other threads on here to get an idea of the numties you are dealing with. One amoeba has more intelligence than all the car parking rogues together. It is still worthwhile contacting Lidl even without your receipt and especially where you have a record of regular visits to them.
    • First, I'm a bit surprised that your local police force has the manpower and time to waste chasing up a complaint from a member of the public that a motability car's paperwork may not be in order, bearing in mind that most forces can't be bothered to follow up reported burglaries, if stories in the popular press are to be believed.  But if that's what the police officer has told you, that's what he's told you.   If you want to follow up his suggestion to make a complaint, check your local force's website for how to do so.  Or (bearing in mind the history of problems that you've had before) write straight to the Chief Constable (website again).   Simply say you want to make a complaint about the number of times your daughter (or whoever) has been stopped by the police for no apparent reason.  Give a list of when and where this has happened and what the outcome was (presumably that the police took no further action).  I would also add that in the latest incident the police officer actually suggested making a complaint about the number of stops.  Not only do you (or your daughter or son or whoever it is) find this police action to be extremely distressing, but you also consider it a waste of scarce police resources.   Ask for an explanation as to why this keeps happening and ask for an assurance that the police will stop doing it.   You may also want to add (see what others advise about this) that the police officer in the latest incident also told you that they had received a call from someone saying that the car's paper work "might not be in order".  Say that you are concerned that whoever made this false allegation is wasting police time.  (You may want to think carefully about this as it may not improve your daughter's relationship with her neighbour!  If the allegation came from the neighbour.)   Those are my initial thoughts but it's a bit late to be thinking clearly.  See what others suggest rather than just relying on my suggestions.   [The letter really needs to come from your daughter (or whichever family member keeps being stopped) and not you, unless you can make it perfectly clear in the letter who it is that is being stopped etc. and that you are complaining on their behalf.  Is that clear?]
    • yes I missed out an important word there didn't I 'properly' ..
    • And dx what success have you personally had when dealing with cases for people in the county court.... when pointing out the above   I have asked you several times for your direct court room experience. Yet it hasnt been forthcoming    Please prove your statement that vcs lose most defended cases ? Again what you state doesnt stand up for the reality of the court circuit
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Pandora_nini

Amex taking me to court - any advice - *** WON ***

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Its not always the case,but if a request is made then it does get moved there.Sometimes there are ongoing issues such as DCAs and defaults etc so they can stay in those forums.

Will move this to legal now.

Thanks for the notification.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

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Aha, I see. Thanks Martin. :)


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No response received so far....

 

Presuming of course that they do respond at all.

 

Can anyone tell me what I need to prepare for the case management hearing? I am not really sure that I am sure about this.

 

Thanks you all.

Pandora

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Hi PN,

 

When you attend the hearing, just take a file containing all letters and other relevant documents, properly arranged so you can find anything quickly if the judge asks for it. Update your SOC and print off a copy to take showing your charges and interest to date.

 

Go through it all carefully beforehand so you are clear on:-

 

1. What has happened to date.

 

2. What items they have failed to supply.

 

3. Why the doc'ts they've supplied leave the a/c unenforceable in your view.

 

4. How you want this all resolved.

 

It really should be a formality but will be good preparation in case you have to attend any further hearing. :)


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Well tomorrow is the case management hearing - thanks, Slick for your advice. I am busying double checking everything, but feeling completely uneasy about it. Have had no word from Brachers at all since my letter at the beginning of next week.

 

Just hope I don't completely fall apart tomorrow :smile:

 

Just a quick (okay two) questions:

The papers from the court say that the case could be transferred to another court - would this happen, can I still request it be held at my local court?

 

And, is this really just to decide next steps, ie if Brachers haven't supplied the correct information, etc, that they are asked to do so, etc, or could he actually decide the case has no merit and put a stop to it, etc. Just trying to figure out what could happen so I am prepared and not caught out?

 

Thanks,

Pandora

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Pandora,

 

I just wanted to wish you all the luck in the world tomorrow.

 

Forgive me for not going back to the beginning of your thread to remind myself where your case is being heard. If it is Brighton, home of Amex, you really do need to get it moved, and as a litigant in person you have every right to do that. You really don't want to be on their home ground.

 

I suppose the judge could throw it out, but unfortunately I have read so many threads here where the judges appear to fall over backwards to give the banks more time to find their 'evidence' which of course stresses out anyone going up against them.

 

You are being very brave to stand up to them.

 

Love,

Daniella xxx

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Thanks Daniella - am shaking in my boots!!

 

It has been transferred to my local court - so will have to see what happens.... trying to get my head around exactly what I am saying tomorrow - all sense seems to have disappeared tonight!

 

Thanks for your wishes.

 

I will post tomorrow to let you know what happened.

 

Pandora

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Hi PandoraN,

 

Everyone reading this who has been to court (me included) will know how your nerves feel but that's normal. :cool:

 

The case is unlikely to be transferred but most listings mention the possibility. It would still be relatively local anyway.

 

Stick to the advice in post #104 above so you know where you are at with this, and what you want.

 

The judge should recognise that, as a Litigant in Person, you will be nervous and allow for this.

 

Do well tomorrow and let us know how it goes. :)


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Oh, and read this post from a court First Timer - http://www.consumeractiongroup.co.uk/forum/barclaycard/166141-providian-then-monument-then-4.html#post2042535

 

She did fine, and so will you. :cool:


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Hi PandoraN,

 

Everyone reading this who has been to court (me included) will know how your nerves feel but that's normal. :cool:

 

The case is unlikely to be transferred but most listings mention the possibility. It would still be relatively local anyway.

 

Stick to the advice in post #104 above so you know where you are at with this, and what you want.

 

The judge should recognise that, as a Litigant in Person, you will be nervous and allow for this.

 

Do well tomorrow and let us know how it goes. :)

 

Thank you - I have to say I feel so anxious that I am not sure that I can talk straight! It's at 12.00 tomorrow, so will post up news after that. Thanks for your help Slick, you've all been tremendous.

Pandora

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Good luck from me too!


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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I WON, I WON, I WON!! :D:D:D:D:D:D

 

Got to court 15 mins before the hearing, and the court usher mentioned that Amex's solicitors were already there and would like a word....

 

The solicitor said that they wanted to settle, and presented a consent order confirming that Amex will pay me the full amount of my counter claim (which includes statutory interest) by mid April and that both their claim and my counter claim would be withdrawn.

 

My response was (and I have to say I was dead nervous about saying it), that I would be more than willing to settle, however I insist on any defaults being removed as part of the agreement. He made some calls, and advised that Amex agreed to that. He tried saying that the agreement on the consent order would mean that there are no negatives on my credit record. I then said that they would already have been applied and therefore it must include the specific removal of the defaults/negative information on my credit record on the consent order.

 

We went into the judge, and for a minute I thought it would go completely pear shaped.

 

His first question to me was - have I not had any dealings with Amex before and therefore where were the documents that I was requesting?..... he was a bit grumpy with me.

 

Fortunately Bracher's solicitor mentioned that we had an agreement, and that he had a consent order, so the judge requested to see this, and immediately had a go at the solicitor - asking him if he knew what a Tomlin order was, and why he was being presented with a consent order... the judge went off and got copies of the consent order for me, and a copy of the Tomlin order details for both of us, and then proceeded to write up what the consent/Tomlin order should say, passed me his notes and asked if I was happy with that - I agreed I was.

 

And that was that!!!

 

When we left, the solicitor said he learned something new today :lol:

 

I cannot say thank you enough to all of you for helping me and supporting me on this - I absolutely could not have done it without your help and this brilliant site.

 

As soon as I get the payment through, I shall be making a very fat donation to CAG.

 

PS. One thing I can't get my head around - Amex were claiming £580, my counter claim was for $450 plus interest at 8%, they are zeroing the balance on my card, plus paying me the £450 plus 8% and removing the defaults?????

 

I am not arguing it, but I think someone has got their sums wrong? A big thanks to Monty and Slick for keeping in the refund of charges in the suggested letters - otherwise I would have just put zero account balance and default removal!!!!!!

 

I am so pleased with myself that I feel almost sick:-)

 

Pandora

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I WON, I WON, I WON!! :D:D:D:D:D:D

 

Got to court 15 mins before the hearing, and the court usher mentioned that Amex's solicitors were already there and would like a word....

 

The solicitor said that they wanted to settle, and presented a consent order confirming that Amex will pay me the full amount of my counter claim (which includes statutory interest) by mid April and that both their claim and my counter claim would be withdrawn.

 

My response was (and I have to say I was dead nervous about saying it), that I would be more than willing to settle, however I insist on any defaults being removed as part of the agreement. He made some calls, and advised that Amex agreed to that. He tried saying that the agreement on the consent order would mean that there are no negatives on my credit record. I then said that they would already have been applied and therefore it must include the specific removal of the defaults/negative information on my credit record on the consent order.

 

We went into the judge, and for a minute I thought it would go completely pear shaped.

 

His first question to me was - have I not had any dealings with Amex before and therefore where were the documents that I was requesting?..... he was a bit grumpy with me.

 

Fortunately Bracher's solicitor mentioned that we had an agreement, and that he had a consent order, so the judge requested to see this, and immediately had a go at the solicitor - asking him if he knew what a Tomlin order was, and why he was being presented with a consent order... the judge went off and got copies of the consent order for me, and a copy of the Tomlin order details for both of us, and then proceeded to write up what the consent/Tomlin order should say, passed me his notes and asked if I was happy with that - I agreed I was.

 

And that was that!!!

 

When we left, the solicitor said he learned something new today :lol:

 

I cannot say thank you enough to all of you for helping me and supporting me on this - I absolutely could not have done it without your help and this brilliant site.

 

As soon as I get the payment through, I shall be making a very fat donation to CAG.

 

PS. One thing I can't get my head around - Amex were claiming £580, my counter claim was for $450 plus interest at 8%, they are zeroing the balance on my card, plus paying me the £450 plus 8% and removing the defaults?????

 

I am not arguing it, but I think someone has got their sums wrong? A big thanks to Monty and Slick for keeping in the refund of charges in the suggested letters - otherwise I would have just put zero account balance and default removal!!!!!!

 

I am so pleased with myself that I feel almost sick:-)

 

Pandora

 

:lol: Oh well done you. Grumpy he might have been, but it does appear as though the DJ was looking out for your interests. The very fact that he has written it up for you as well means there can be no "messing" around. I am so very pleased for you.


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Great news....very well done...


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Thanks for all the comments..... I am feeling so relieved and the support has been tremendous.

xx

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Yea !!!! Well Done !!


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Well done PN, go and have a nice stiff drink.... on amex:D:D:D:D:D:D:D


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Hi PN,

 

Well done for keeping going with this - delighted for you.

 

CONGRATULATIONS :D


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Well done :D

 

asking him if he knew what a Tomlin order was, and why he was being presented with a consent order...
PMSL :D

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Hi PN,

 

Well done for keeping going with this - delighted for you.

 

CONGRATULATIONS :D

 

Thanks for all your help Slick, I am very grateful.

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Absolutely FANTASTIC result Pandora! I am really delighted for you and well done for seeing it through.

 

Another defeat for Amex.

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Well done all :D


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Another defeat for Amex.

 

...something they will be getting quite used to soon! ;)

 

Perhaps it's time to start packing the Shipping Crates for the long overdue move back to America then?

 

Cheers,

BRW

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