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    • He is still trading.   I won't get anything out of it, no.  But is that the point?  Not charging it means the Govt misses out on important revenue 
    • for whatever reason, if you did not get the original PCN on the car/by hand nor in the post before things escalated you need to appeal using the correct forms, not a soft appeal to the issuing council Which forms to use for which offence pe2/3 & te7/9 - Local Authority Parking and Traffic Offences - Consumer Action Group  
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    • “Not realising it was a no parking zone” doesn’t help you if the timing is correct, as (at least, on Google Maps / View) there is clear signage ('7am to midnight', parked at 15:22) What might be worth pursuing is the "ticket handed to driver" aspect : do you have any view on why they would be  stating that?
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement


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Sorry guys.. cant say too much, currently thinking about my response.

 

S.

 

Response to the court, I hope

 

Not the drivel above

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Hi Guys!

 

sorry I'm not getting any responses on the other forum?

 

Anyhow, I sent the following Part 36.16 Request to Robinson Way/their pimp solicitor; Horwich Farrelly (in the broom cupboard) and all they sent me back was an old CapOne application form circa 2001, which was sent 18 months ago (unenforceable) nothing else?

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2278621.html

 

Suggestions please, on how I make them disclose.

 

Thanks

 

AC

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Oh, it is back in limbo then?

 

The docs are needed in order to issue a claim; Horwich Farrelly solicitors have been told that!

 

ARGHHH, they really don't want to disclose the docs...

 

Trying to pin them down.

 

AC

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Right, ok then today I received notice from Lovells who are now acting on behalf of Barclaycard, they want to adjourn the hearing next week and want to increase the time to 2 hours!!!

 

I've already booked off the time and cant get my holiday back so I shall emailing them tomorrow asking for compensation of holiday time in return for agreement... after all their clients have only had 40 odd days to get this sorted prior to today :-(

 

Was spitting feathers this morning.

 

S.

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hello

 

 

i'm new to all this but did see a post that said the only stupid question is one that isnt asked so here goes

 

there are agreements and executed agreements

 

the only difference i can see is that an executed one is one signed by us and them.

 

the act says that when i ask they must send me a true copy of the executed agreement, vis a vi the one signed by us and them, if they dont they break the law.

 

has this not been tested anywhere..........

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hello

 

 

i'm new to all this but did see a post that said the only stupid question is one that isnt asked so here goes

 

there are agreements and executed agreements

 

the only difference i can see is that an executed one is one signed by us and them.

 

the act says that when i ask they must send me a true copy of the executed agreement, vis a vi the one signed by us and them, if they dont they break the law.

 

has this not been tested anywhere..........

 

The creditors signature can be simply a rubber stamp job, anywhere on the agreement document.

 

Also it is well established a 'true' copy does not have to show your signature.

 

I certainly wouldn't like be the one to test that in court because as sure as eggs are Eggs (pun intended .. sorry!!) the creditor would arrive in court with a freshly stamped up agreement !!

 

Also if they don't produce an agreement they are in default but it is no longer an offence (that bit was repealed in 2006).

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The creditors signature can be simply a rubber stamp job, anywhere on the agreement document.

 

Also it is well established a 'true' copy does not have to show your signature.

 

I certainly wouldn't like be the one to test that in court because as sure as eggs are Eggs (pun intended .. sorry!!) the creditor would arrive in court with a freshly stamped up agreement !!

 

Also if they don't produce an agreement they are in default but it is no longer an offence (that bit was repealed in 2006).

 

the regulations say that a "True" copy of the agreement is not a photocopy of the original agreement but can be a reconstruction of it

 

the regulations also state that the signatures signature boxes and personal information may be omitted

 

hence the unsatisfactory nature of the beast

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Am I going to have to separate you two?

 

Any more dreadful puns like that and you're both going for a time out:D

 

An official censure!!!!!!!!

 

Woo hoo

 

My first one :lol:

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Right, ok then today I received notice from Lovells who are now acting on behalf of Barclaycard, they want to adjourn the hearing next week and want to increase the time to 2 hours!!!

 

I've already booked off the time and cant get my holiday back so I shall emailing them tomorrow asking for compensation of holiday time in return for agreement... after all their clients have only had 40 odd days to get this sorted prior to today :-(

 

Was spitting feathers this morning.

 

S.

 

Why do they want to adjourn the hearing? WTF are the hoping to prove? Don't you think the judge will look upon this unfavourably and deny them the adjournment?

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Why do they want to adjourn the hearing? WTF are the hoping to prove? Don't you think the judge will look upon this unfavourably and deny them the adjournment?

 

They say they have obtained counsel that the hearing needs to be longer.

 

Who knows, I've been reasonable.. I've told them if they compensate me for my lost holiday day I'll agree to the re-arrangement, however I've asked for more information re: the expansion of the hearing time.

 

guessing they'll try and contest the usage of CPR 31.16 in a small claims value case.

 

S.

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They say they have obtained counsel that the hearing needs to be longer.

 

Who knows, I've been reasonable.. I've told them if they compensate me for my lost holiday day I'll agree to the re-arrangement, however I've asked for more information re: the expansion of the hearing time.

 

guessing they'll try and contest the usage of CPR 31.16 in a small claims value case.

 

S.

 

The problem tho' is that if you don't agree they'll turn up at court explain that the hearing is likely to last two hours and the DJ will adjourn anyway...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Submitted my N244 to my local court.

 

Received my notice of hearing from my local county court.

 

Date is in mid November for my application for disclosure!!

 

Jesus thats 4 months away !!

 

Is it really this slow or is it just my local court ?

 

Anything I can do ?

 

Cheers

 

Fingers

The Story So Far...

 

Barclaycard - Fingers Vs Barclaycard

Egg - Egg Credit Card CCA Agreement - help

Halifax - Halifax Credit card CCA

IF - CCA received

Lloyds - Lloyds CCA

MBNA-CCA received, challening

Virgin - Virgin Card CCA May 2006 - Help Required

 

OH Barccard - 2 s78 letters, on 2nd cpr

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:DSympathies fingers, but that's quite encouraging for the rest of us, may the queues get longer and longer......

Submitted my N244 to my local court.

 

Received my notice of hearing from my local county court.

 

Date is in mid November for my application for disclosure!!

 

Jesus thats 4 months away !!

 

Is it really this slow or is it just my local court ?

 

Anything I can do ?

 

Cheers

 

Fingers

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