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    • Djokovic is back in the news - the BBC has cast doubts on the date of his covid test prior to arriving in Australia. They've done some clever research with serial numbers and QR codes but the Serbian public health authority isn't giving information.   And Nadal is a step closer to his 21st Grand Slam title, which would make him the first male player to reach that. He won't be able to compete in the French Open under France's current rules which require all sportspeople to be vaxxed.   Novak Djokovic: Doubts over timing of Covid test WWW.BBC.COM The BBC has uncovered fresh evidence questioning the timing of Novak Djokovic’s positive Covid test used to enter Australia.  
    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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roko20650 v Tesco Visa


roko20650
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Well Tesco have now sent me the exact same letter (as I posted up earlier) TWICE now, even though I explained the 'agreement' didn't meet CCA1974 requirements (I put 'agreement' in commas because it isn't actually an agreement, it is an application).

 

Now they written asking me to ring them urgently! :rolleyes:

Errrm ... that'd be NO CHANCE.

 

I will write asking them to write.

 

Incidentally if you look carefully at the first page, the application at the small print under 'Your Declaration', it says "........the details about the card set out overleaf......". I have wondered what that referred to. Any ideas?

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Hi Basa, I have not responded to the letter received on the 18 Mar (which is the same as yours above). Have you had any response from them yet in reply to it, any phone calls, etc.

 

Not a thing since the last desparate letter asking me to ring them. No phone calls (I don't actually remember Tesco ever phoning me :???:)

 

I'm just waiting for a response from my SAR which still has 3 weeks to run. If I only get the same application it'll be 'letter before action' time! :)

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Hi All, Having sent a second tel harassment letter and a letter pointing out that the account was in dispute and therefore they should not be defaulting me, I have now received this. Should I now ask for a Subject Access Report? If so, how do I get this information. Help! Roko

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Send the SAR http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca.html with £10 PO. They have 40 days to fullfill your request.

 

They'll probably send the same rubbish back but it will give you a chance to determine whether there are any unfair charges you can claim back. If they are stupid enough to try and obtain a CCJ and rely on what they have already sent they will lose.

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Hi Roko

 

I have the same app sent to me

 

have you noticed near to the signiture box it states

 

by signing this application you agree to the general conditions set out separately and the details overleaf

 

Now we know that the prescribed terms need to be on a single sheet but what are the details overleaf?

 

If these turn out to be prescribed terms then we are stuffed

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Hi Roko

 

I have the same app sent to me

 

have you noticed near to the signiture box it states

 

by signing this application you agree to the general conditions set out separately and the details overleaf

 

Now we know that the prescribed terms need to be on a single sheet but what are the details overleaf?

 

If these turn out to be prescribed terms then we are stuffed

 

I've seen that and asked about it on another thread a while back.

 

Not yet got a definitive answer, but I have to assume if it were the prescribed terms they would have copied them to us.

 

Also I note on mine the edges are obviously stick down edges to form an envelope. I dont think you'd put the prescribed terms on the outside of a return envelope.

 

Also I've never seen prescribed terms quoted in full on any credit card application.

 

Anyway lets see what my SAR brings. It's due in a week and a half.

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  • 1 month later...

Anyway lets see what my SAR brings. It's due in a week and a half.

 

Well the SAR returned the exact same application and separate particulars. I can prove unequivocably the particulars are not the ones supplied (if any were supplied) at the time of signing the application.

 

I am confident this is now an unenforceable agreement.

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  • 3 weeks later...

Been reading and exchanging views a great deal recently about 'application forms' posing as agreements, and from that have a number of points for you all to ponder perhaps.

 

First off when a creditor sends you a document in response to a s.78 request they are then bound under s172 that what they have sent is the agreement. They can't then just turn up in court with something else they knocked up earlier.

 

Second, an application is just that. If it says application, or says they are going to do checks before sending your card and it also says somewhere 'sign only if you wish to be bound...' it then fails due to s.59.

 

Third, unless there are definite links between multiple pages presented as the agreement, such as page numbers or some other absolute coding, then the key financials (pt's) must be on the same page as the signature.

 

Finally the whole thing must be readable else it fails under s.61 and SI1553(6).

 

For me my Tesco agreement fails at least 1, 2 & 3. ;)

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  • 4 weeks later...

Hi all,

Did a Subject Access Report on Tesco. I received loads from them but the only signed form which is the same application form that they sent me under the CCA request. This clearly states "Apply for" which Cerbrusalert felt was unenforeceable. I think therefore that they are not able to enforce the debt and therefore they and the Debt Collectors they have appointed are in breach of the Data Protection Act because they do not have a signed agreement, is that right? Where do I go from here?

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Hi all,

Did a Subject Access Report on Tesco. I received loads from them but the only signed form which is the same application form that they sent me under the CCA request. This clearly states "Apply for" which Cerbrusalert felt was unenforeceable. I think therefore that they are not able to enforce the debt and therefore they and the Debt Collectors they have appointed are in breach of the Data Protection Act because they do not have a signed agreement, is that right? Where do I go from here?

 

Well, what I did was write to them to tell them that their agreement was unenforceable, several times, and asked them to zero the debt (or suggest something else), then when they defaulted me I sent my LBA. Then after several more pay up or else letters from them, I issued my claim.

 

Simples!!

 

Which is where I am today .. waiting for their response :wink:

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Hi Basa48, do you have a link to your thread so that I can take a look. I have a letter prepared to send to their debt collectors, Triton, saying that the account is in dispute, which I shall send Special Delivery. They have already defaulted me several times I think, because I stopped paying back in January this year. Roko20650

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Hi Basa48, do you have a link to your thread so that I can take a look. I have a letter prepared to send to their debt collectors, Triton, saying that the account is in dispute, which I shall send Special Delivery. They have already defaulted me several times I think, because I stopped paying back in January this year. Roko20650

 

Erm .. I don't actually have a thread, didn't think it needed one tbh. 8-)

 

What is your 'agreement' like ?

 

Triton are RBS/Tesco's in house collections dept. I wouldn't waste money posting SD, I usually just go 1st class (unless it really MUST get there).

 

They can only default you once (I think) this is usually prior to (and necessary to allow) termination.

 

Depending on your confidence in the unenforceablity of your agreement you have a choice of attack or defend. I chose to attack.

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