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    • The other cases aren't going to happen before November though, are they? Reporters are saying he can't pardon himself for a state conviction. He would have to lean on the governor of New York state, as I understand it.
    • I am requesting your assistance to how I should go about a serious breach of my privacy that occurred during my stay at one of IHG’s hotel on Ma 2023. Having previously had items taken from my hotel room elsewhere I take the added precaution of using a security camera app on my device whenever I stay in a hotel room. The recordings are date and time stamped and it cannot be adjusted by the end user.   On this particular occasion I discovered evidence from my personal security camera recordings of a spy camera had been placed underneath my door, and can be seen moving along the base of the door for approximately 15 seconds.   The spy camera is in fact marketed as an inspection device of drains primarily but is known to be used in observing spaces difficult to enter. It is a usb endoscopic camera that has a length flexible cable that is semi rigid and can negotiate any obstruction by bending. The operator can be up to 3-4 metres away.   Infuriated as I had previously stayed with them in 2022 for 3 months at £260 per night that they would seek to question my honesty and invade my privacy. I immediately called reception and asked why they would do such a thing and if they had any concerns they were welcome to inspect my room and go through my personal belongings and ask me anything they wanted to. I was sleeping for the best part of my stay and was alone throughout.   I sent the recordings to the receptionist within the hour of finding them and I asked to speak to the manager of the hotel who I was told wasn’t present. I tried to have face to face meetings with him but he instead wrote to me denying the recordings were made at their hotel stating that they didn’t observe anyone in the corridor at the time of the recordings and that they don’t have a metal bar at the interface of the tile and carpet which corresponds to the overlying door. I rejected that statement on the grounds the video doesn’t show a bar but a reflection of light on the tile and you wouldn’t see a person outside my door because the cable is black and runs along the floor. If you don’t look for this you won’t see it. The matter was passed up to the area manager and he also denied the allegation. This is where the matter ends as far as IHG are concerned. Leading a busy work and family life I let the matter go but I found myself back at the same hotel a year later. I booked for  2 nights and was given a room facing the lobby door that led to the lifts. Unfortunately, from the hours of 3am I was woken up by the noise of the door opening and closing but also noticed shadows of a person standing in front of my door. At first I took no notice and put this down to a guest waiting for someone but the person or persons returned several times, standing outside my door for up to several minutes. I called the hotel reception and asked if there was an issue  on my floor and they said they would come up to check. They never said they would check the CCTV and as the incidents continued to happen up to 8am I called them 6 times. Given my past experience I didn’t think they took security as serious a# her establishments and made them observe the Cctv and let me know. The explanation I was given was that they could see residents there but they were heading down to breakfast. The time that I had noticed these feet by door was from 3am and breakfast started at 6.30am. It also didn’t explain why they would stand by my door for anything longer than 10seconds and if they were waiting for someone how likely is it that this scenario is played out 6 times when there was only 12 rooms per floor. Later that morning when I went down for breakfast the manager said he would move me to a room at the end of the corridor and asked me what my plans were for the day, essentially when would I be in the hotel. I stated that for the day I was out. He then said that all his staff were uncomfortable about me being a guest and said that I was not welcome there anymore. I had paid for the two nights but when it came to the end of the day I didn’t feel that I would be able to rest at the hotel given the hostility so I returned the next day to collect my remaining belongings, namely items of clothing, an iPhone charging cable and plug, and toiletries. Checkout was at 2pm and I was at the hotel at 3pm. All my belongings were gone and they couldn’t locate the items.  I plan to report the incident of the spy camera to the police, as well as the theft, and write to the hotel emphasising that this breach of privacy is unacceptable and the hotel's failure to properly investigate and address the issue is deeply concerning. The fact that I requested security checks to ensure my safety in the early hours was reasonable, yet their response to ban from the premises was excessive and even possibly discriminatory as I had revealed to them that I had been a victim of a hate crime given my sexuality. . I am seeking compensation for the infringement of my privacy, the lack of proper investigation, and the being humiliated and made to feel like an undesirable. I will request a full refund of my two-night stay totaling £390. Additionally, I will request compensation for the cost of my previous stay when the infringement occurred, which was £220. I am also considering damages for the infringement of my privacy but at a loss as to what this would equate to. I will close the letter giving them a 14 day timeframe to respond.    Is there anything you feel i need to consider here? Many thanks   
    • oF course, this is all just the start. trump is dragging it out as much as possible hoping to pardon himself, but the barrier the yanks had about admitting that a pres could be such a piece of err work has been broken and there is many more to come. His current criminal charges are extremely unlikely to result in jail time or anything other than fines  - but with some of the other charges - jail is pretty much mandatory - especially for one not only not on a first offense - but with others stacked up
    • Indeed, it’s all up to date at the moment and no missed payments and no issues from a credit file perspective everything is up to date in that sense 
    • follow it thru, plenty of time to poss arrange a tomlin or consent later on. ............   pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] .............. dx
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me v restons / **DISCONTINUED**


Perdita
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Thanks Andy, your time and advice is much appreciated. I will sit on that AQ until after the weekend in case I think of anything else pertinent to the case or else i will file it as per the other info and directions as above witht he bit added about the agreement into the directions.

 

Many thanks

P

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No problem Perdita try to leave it as late as poss you may even recieve a copy of the Claimants before hand which is always helpful in completing yours and gives hindsight into which they wish to steer the case.Dont provide them a copy of yours unless they provide you first.

 

I wish you well with your case

 

Regards

 

Andy

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  • 1 month later...

Hi Andy

I have received a notice of claimants application for summary judgement set for 26 october - there is the form, the copy of the agreement (as per previous post) statements etc - do you want to see what they have put on the form ?? What should i be doing now ??

P x

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Hi Perdita

 

Ok have they enclosed a Witness Statement in support of their application?

If so you can post a copy up less personal details.You will now have to draft one also in opposition to the application,stating and refuting their points and why their application should be rejected.

You must submit this to the Claimant not less than 7 days before the application hearing pursuant to CPR Part 24.5.1(a)and (b).

 

Regards

 

Andy

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  • 2 weeks later...

Hi Andy

here is the doc i have received along with a copy of the app, the default notice and there are also some statements - there are late payment charges, over limit charges and payment protection on the account.

http://i605.photobucket.com/albums/tt133/maverick97/Document.jpg

http://i605.photobucket.com/albums/tt133/maverick97/Document2.jpg

http://i605.photobucket.com/albums/tt133/maverick97/Document3.jpg

http://i605.photobucket.com/albums/tt133/maverick97/Document4.jpg

http://i605.photobucket.com/albums/tt133/maverick97/Document5.jpg

http://i605.photobucket.com/albums/tt133/maverick97/Document6.jpg

 

Any help is very much appreciated

 

P x

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anybody ???

 

P

 

With regards to what Perdita?

I have stated what needs to be done in post 54.

 

Regards

 

Andy

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They have not submitted a witness statement - i posted up the docs received, the box on the app for summary judgement regarding a witness statement is not ticked and it says they are relying on the evidence set down. Do i now just need to submit a witness statement of my own then? If so i will set to work on it and post it up next week.

Many thanks

P

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Correct Perdita

 

Draft your Witness Statement and refute their points laid down in the App Notice and also the contention of late /over limit unfair charges and also the inclusion of PPI if considered miss sold.Post up your final dreaft and i will give a once over for submission.You must submit not less than seven days to the hearing.

 

Regards

 

Andy

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This is the witness statement so far - first draft, feel free to pick holes etc

Witness Statement

 

 

1. This statement is made in opposition to the Claimant’s application for summary judgment and by which the Claimant contends I have no real prospect of successfully defending the claim against me.

 

2. I do not deny that a contract once existed between me and the claimant. I deny the contract endures since on a day prior to the commencement of this case against me, the Claimant terminated the contract. I also challenge the validity of the agreement

3.. On 24th October 2008 I requested a copy of the credit agreement from the claimant – I had no response to this request and I sent another letter on 9th December 2008 requesting the agreement again.

4. On the 6th January 2009 I wrote to the claimant again advising them that as they had not complied to my request for a copy of the alleged agreement then the account was in dispute. No further correspondence was received from the claimant.

5. On 16th May 2009 I received a blurred and illegible copy of an application form and a copy of the default notice – due to the condition of the copy I was unable to verify any details but I do note that nowhere on the signed agreement is there any indication that I requested payment protection insurance and yet this has been charged to my account. If I did indeed request this then the copy of the alleged agreement supplied is clearly not the one I signed or the document is incomplete. I now request to see the complete application form that I allegedly completed together with the Terms and conditions which were effective at the time the agreement was taken out.

6. On 24th May 2009 court papers were received by me and I noticed that the particulars of claim contained collection charges which I believe to be prohibited. I requested that the claimant amend the particulars of claim and remove the charges.

7. On 28th May 2009 in response to the county court claim papers received I sent a request under CPR 31.14 to the claimant for a valid copy of the agreement, the default notice and a full set of statements. This request was not responded to.

8. On 23rd June 2009 I filed a defence to the claim.

9. On 16th September 2009 I received the application for Summary Judgement and some statements of the account were enclosed. These statements also show unlawful charges relating to late payments and over limit fees which I also intend to challenge. These statements could have been supplied upon my request on 28th May 2009 therefore allowing me the time to correspond with the claimant and possibly save the court time.

10. In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’s application for summary judgment against me should be dismissed.

 

Date:

 

 

Statement of Truth

 

I believe the facts stated in this Witness Statement are true

 

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Excellent Perdita.

Now make sure you send a copy to the Sols and Court not less than 7 days before the hearing.

 

Regards

 

Andy

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Hi Perdita

 

I just had a look at your DN (as finding defective DNs is one of my favorite subjects :rolleyes:).

 

As it stands it is one of the very few legitimate ones from HFC that I have seen on here, but only if it was posted 1st class Royal Mail. I don't suppose you still have the envelope it came in do you, as if it was posted 2nd class it would then be deemed to have taken 4 working days instead of 2 to be served on you, which would then make it well short of the 14 clear days you must be given to comply.

 

Cheers

Rob

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Hi Rob

Unfortunately I dont have the envelope as i didnt understand the neccesity for keeping them at that time ( i do now !) so i suppose they will just sy they posted it first class and i cant prove otherwise

 

P

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Hi Rob

Unfortunately I dont have the envelope as i didnt understand the neccesity for keeping them at that time ( i do now !) so i suppose they will just sy they posted it first class and i cant prove otherwise

 

P

 

Hi Perdita

 

As I understand it, it's not for you to prove otherwise, it's up to them to prove that they sent it 1st class.

 

So if you were to put them to strict proof that it was sent to you 1st class it could well be unlikely they could do so. ;)

 

That might well be another (very strong) string to your bow!

 

Cheers

Rob

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should i add it in to the witness statement or save it for later ??

 

P

 

Just my opinion (and I'm no expert), but I'd be inclined to introduce it as early as possible to make sure it's not ruled inadmissable by leaving it until the last minute.

 

In your WS you would need to deny that such a DN was properly served upon you as required by ss.87-88 and put them to strict proof thereof.

 

It might also be a good idea to request the relevant info (via a CPR request?) from the enemy if you are going to put them to strict proof of service by 1st class post.

 

i.e. ask them for proof (in the form of proof of posting) that a DN was served on you in accordance with ss.87 of the CCA1974, and that it complied with the requirments set out in s.88 and the associated regulations.

 

As I say, just my opinion.

 

Cheers

Rob

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Not wishing to pour scorn on Robs point ,which is a valid one,but below is what happened to another poster who tried this tact and lost!!!

 

 

"oh one thing i think the site may wish to take on board was the fact that i quoted the service of docs that ive seen relied on so often here...judge said that a ruling in 1985 had undoubtedly been superceded and took i think, s.176 of the cca and s6 of the CPR to show that first class service is deemed as next day...."

 

"indeed the barrister said that it mattered not if the DN had even arrived at my address!!!! all that was reqd was them to have sent it, which 'would have been' first class and the DN 'would have been' compliant to statute and under CPR6.26 that meant next day delivery of a fully compliant DN."

 

 

Food for thought and something I have always regarded as a lame argument.

 

 

Regards

 

Andy

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Hi Andy

 

Not wishing to pour scorn on Robs point ,which is a valid one,but below is what happened to another poster who tried this tact and lost!!! :eek::confused:

 

 

"oh one thing i think the site may wish to take on board was the fact that i quoted the service of docs that ive seen relied on so often here...judge said that a ruling in 1985 had undoubtedly been superceded and took i think, s.176 of the cca and s6 of the CPR to show that first class service is deemed as next day...." Perhaps the author did not present his case very well, or perhaps reported what was said in court inaccurately, because 1st class post is not deemed as next day.

 

"indeed the barrister said that it mattered not if the DN had even arrived at my address!!!! all that was reqd was them to have sent it, which 'would have been' first class and the DN 'would have been' compliant to statute and under CPR6.26 that meant next day delivery of a fully compliant DN." Again, completely wrong (and the poster seems to be spouting nonsense, especially regarding the implication of the Creditor not having to actually prove the DN was sent with sufficient time for the Debtor to remedy), as between them CPR 6.2 and 6.26 clearly define which days count as working days, how many working days are deemed to be allowed for various postal classes etc.

 

 

Food for thought and something I have always regarded as a lame argument. Food for thought maybe, but incorrect and appealable IMHO ;)

 

 

Regards

 

Andy

 

I would agree with your regard of this as a lame argument, as it appears to be completely wrong!

 

Do you have a link to the post where it was taken from?

 

Cheers

Rob

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Hi Andy

 

 

 

I would agree with your regard of this as a lame argument, as it appears to be completely wrong!

 

Do you have a link to the post where it was taken from?

 

Cheers

Rob

 

 

Court Claim for O/draft from Nthmtn (CCBC)

 

 

Andy

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Hi Andy

 

Thanks for the link, but I've not got time to look right through the thead right now (I''l try and find time later ;)), although I see it was started by r&b who I have great respect for.

 

I also note the thread is with regard to an overdraft not a credit card as this thread is, so the requirements regarding the DN may well be different.

 

However, that would not change the fact that if the Judge said what was quoted regarding CPR 6.2 and days deemed for service, then that was clearly incorrect.

 

Cheers

Rob

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Fully agree Rob as you aware my plight with regards to O/D and DNs continues on Cag and if you do get chance have a read, as this is what the posters are currently having to deal with in court claims,R&B is currently arranging an appeal on that decision.

 

Regards

 

Andy

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Fully agree Rob as you aware my plight with regards to O/D and DNs continues on Cag and if you do get chance have a read, as this is what the posters are currently having to deal with in court claims,R&B is currently arranging an appeal on that decision.

 

Regards

 

Andy

 

Hi Andy

 

I'll try and find time to read the thread (I've visited some of r&bs threads already).

 

The trouble is my head is being overloaded a bit ATM and I'm finding it a bit hard to take everything in!

 

Cheers

Rob

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