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    • You can be sure that pardoning himself, stopping the other prosecutions and vengeance will be his first priorities if he wins. i dont think he will win, but no surety on that
    • 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
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keefyboy - v - Capone


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Hi,

This really ought to be on a thread of its own.

 

I originally sent 2 letters requesting true copies of the agreement. The first request was 21 days ago; no reply to either. I did not explicitly quote the CCA 1974, nor pay £1, however.

 

I have now made a request under both the CCA 1974 s78 and CPR 31.16 in one letter, hopefully to ensure that both bases are covered and that they supply a copy of the signed executed agreement if it exists. I explicitly request a copy of the signed agreement under the CPR31.16 part of my letter.

 

I consider that kicking off CPR31.16 as reasonable at this point as my previous letters have gone completely unheeded and I therefore have grounds to suspect that the CC Agreement is being withheld because it is deficient in some manner.

 

Questions

 

Q. When requesting a copy of an agreement under CCA1974 s78, is it neccessary to cite CCA1974, or is merely requesting the copy sufficient without mentioning the Act? I think you should have cited CCA1974

 

CCA1974 s78 says that the CC company must respond within a prescribed period.

 

Q Where is this 'prescribed period' of xx days described or defined in the Consumer Credit Act 1974? The prescribed period is 12+2 WORKING days. Don't include weekends/bank holidays

 

Q When does the prescribed period days start:

a) on the day of posting of the request, or The +2 days is for the letter to get there

b) on the first working day on or after posting, or

c) on the day of receipt of the request? This is debateable as each day should be a full 24 hours. If they get the letter at 9 one day, I believe the clock starts at midnight of the same day

 

Q When does the period expire (assuming that the creditor does not respond with all the requested information):

a) On the expiry of xx days after the start, or 12 working days later

b) on the expiry of xx working days after the start?

 

Q Is the creditor deemed to have responded if:

a) they have posted their response within xx days from the start, or

b) the debtor has received their response within xx days from the start? This should be the one but the DCA will argue the toss

 

Q Does the Credit Card company have to physically sign the agreement as well the debtor to make it an 'executed agreement'? NO, They are allowed to omit certain details which is cpr 31.16 is being used a lot more

 

Q Must any, or all parties date the agreement for it to be 'executed'? Again, allowable details to be omitted

 

I note that a fee of £1 is payable, though some people seem to dispute that this is payable. I have now sent a cheque or £1.

 

Now, going to the circumstances of the original agreement:

Section 63(1)

 

Duty to supply copy of executed agreement.—

 

63 (1) If the unexecuted agreement is presented personally to the debtor or hirer for his signature, and on the occasion when he signs it the document becomes an executed agreement, a copy of the executed agreement, and of any other document referred to in it, must be there and then delivered to him.

 

(2) A copy of the executed agreement, and of any other document referred to in it, must be given to the debtor or hirer within the seven days following the making of the agreement unless—

 

(a) subsection (1) applies, or

 

(b) the unexecuted agreement was sent to the debtor or hirer for his signature and, on the occasion of his signing it, the document became an executed agreement.

Questions

 

Under normal circumstances, the Credit card company provides an unsigned pro-forma agreement for the debtor to sign and return.

 

In the absence of the Credit Card company's (creditor's) signature at that instant, and bearing in mind that I do not think the creditor will necessarily provide a Credit Card, I presume that at that point the agreement is still an unexecuted agreement. I say this because when I alone sign, the Agreement is not yet binding on the Credit Card company.

 

Q. Comments? Correct. (i think)Once it is signed it becomes an agreement

 

It would seem that Section 63(2) applies, and that section 63(2)b does not apply, as it was not executed at the time I, the debtor signed the agreement, in the absence of the creditors signature.

 

I signed and sent off the original agreement, It was not signed by the bank, and so I believe that it was not exeuted at this point. It seems that they should have sent a copy of the executed agreement back to me, (complete with their signature) . I did not receive such a signed copy within 7 days of taking out the card, or indeed at all.

 

Q. Is this interpretation correct? That I'm not sure about

 

Section 65(1)

Consequences of improper execution.—

 

65 (1) An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only.

Q. If a Creditor is unable or unwilling to produce a copy of the signed agreement at all, even in court, is there any prospect that a court would assume or decide that there was an executed agreement, and that it would be therefore enforcable, due to, for example, the conduct of both parties lending and borrowing as if there were such an agreement? (I consider this highly improbable) Simple answer this, If they can't produce anexecuted agreement, either to you or in court, it is unenforceable

 

Other stuff

 

Q Where, if anywhere in CCA1974, is the form and details of a default notice to a Creditor defined? CAn't help with that one

 

Thanks for any help.

 

 

 

keep bumping for more answers

 

fox

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Dark

I do think you have been a bit inconsiderate here, with all the info you have plastered all over MY thread, yes it is MY thread, you should have started a new thread of your own, the helpers here act very quickly with a new thread put up as I found out.

 

You are a newbie but if you look carefully you have interrupted all MY information by posting your long post in the middle of it ! which is very inconsiderate of you.:mad: I have problems exactly as you have and need quick answers, which I now have to page through all your post to be able to refer back to sections of my post. You may think your post is important to you and needs immediate action and advice, but all the threads are different, the circumstances are , maybe similar, but there are differences with what you need to sort out and what I need to sort out.

 

I have just come on here to add some more information about my cases and found you have plonked your stuff on here, which to me is totally irrelevant to this thread because of the different circumstances and where you are on your problems..

 

Try starting a new thread, then copy and paste onto your own thread and not just jump in where you feel YOU should put it without any consideration to others, you will make yourself very unpopular if you carry on doing things like this, I know I am not a seasoned member and posted thousands of replies, but when I see a thread that I can comment on and maybe make a suggestion, I do so, but I dont type out loads of stuff, which is not to do with the thread you are looking at and put my case on there. :mad:

 

Keith

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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Hi ||Fox

Today I received the exact same letter from Cap One as the previous on the other account, but as the other letter has been sent already I have covered that aspect.

 

Now we come to Lloyds/TSB, blimey I know they have a few problems but they have fallen big time, they don't even seem to be talking about the same thing as me, thanking me for my complaint etc etc... I am flabergasted by the reply letter and its contents I will scan it on so you can have a read and see what you make of it... or has my insanity come early...

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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I think what I may do with them is, stop the payments and then when they start shouting and threatening legal action or whatever, then drop it to them that they have defaulted and what have they done about the requirements of the DDA as per letters of ...... dates

 

With regards to the DMC, we had no choice over it, it was put on us by the judge at the Hearing back in 2007 when Northern Rock got a charging order on the house and then forced us to sell up, we found out the following day why, cause they were going bust and trying to get as much money as possible back in by foreclosing on any loans that were in default (1 months payment we found out afterwards) and people who had defaulted by 2 months on their mortgages, and where we were in North Wales, quite a few families were hit hard losing homes and everything just like us, we lost everything. We didn't even know there was a Temp charging order on the house, they had not told us anything, first we knew of a problem was when we got a court date to make the temp order permanent.

I know we are paying them but I (at the mo) don't wanna rock the boat too much with the other creditors as we have a few more to hit yet and we know several are going to play nasty, real nasty. Especially one in West Yorkshire.... they were the sneaky so and so's that dealt for NR, real nasty and I felt at the time over stepping the mark several times...

Not looking forward to them.... But at least I have the advice of you kind Guys and Girls on here, thank you.

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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Dark

I do think you have been a bit inconsiderate here, with all the info you have plastered all over MY thread, yes it is MY thread, you should have started a new thread of your own, the helpers here act very quickly with a new thread put up as I found out.

Apologies, posts removed & seperate thread stated.

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Afternoon Fox

Well what can I say, other than it is obvious that Capital One DO NOT have a signed agreement for either mine or the other half's accounts, and this is the reply they sent me today

 

 

 

Cap1letter200209009.jpg

 

Cap1letter200209010.jpg

 

What is your suggestions now please. :confused:

Edited by keefyboy
wrong pages pasted on message

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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FOS, Trading Standards (both your local and theirs) OFT Uncle Tom Cobley and everyone else you can think of. Capital One will continue with the threat-o-grams but they will stop short of going to court as they know the agreement is a pile of poo.

Methinks a DCA will be calling soon :rolleyes: If CAp1 sell it on you will be able to see off the DCA fairly quick with the "bemused" letter.

 

Hope you're ok by the way :)

 

fox

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Yes I agree, I think its time to put them into worry mode, this is a good example of putting the heavyweight threats to cover up their errors.

They have picked on the wrong "the moaner" starts his letters in the morning !!

 

I'm not too bad, went to Leicester Royal on Friday, now totally blind in left eye and tunnel vision in the right, depressing, not totally unexpected, just got to get on with it... more letter writing to take my mind off it...

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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:rolleyes: now a question, if I do find that it is unenforceable, can I ask for refund of what I have paid them ? (I know I'm pushing me luck), but seriously can I claim anything financial against them for all the worry :-( and anxieity they have caused me ?? :confused: and of course something for the time and expertise (with your help ) in having to write all these letters to them ......

 

Just something else, did you see the bit about the change of address ? Well before I started the whole lot, I wrote to them and told them of change of address, and the DMC also informed them LAST YEAR, and we noticed that they hadn't done it so before I started the enquiries with them and wrote a letter to them informing them again that we had moved last year, and if they are not happy with this, then why have they been SENDING LETTERS to this address ??? I have a copy of it as well, both of them, the one from last year too..

 

Moaner = 2 Cap One = 0 hee hee

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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As far as I know Keefy you can't do both. I am not paying mine despite the fact that the charges now equate to the amount outstanding. If they turn up in court with an enforceable CCA (doubt it I have had the account since the early 80s) and Lloyds have told me they only go back to 1990. I will counterclaim them for the charges.

 

HH

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:rolleyes: now a question, if I do find that it is unenforceable, can I ask for refund of what I have paid them ? (I know I'm pushing me luck)You will be pushing it, but seriously can I claim anything financial against them for all the worry :-( and anxieity they have caused me ?? :confused: and of course something for the time and expertise (with your help ) in having to write all these letters to them ......only (I think) if you go to court

 

Just something else, did you see the bit about the change of address ? Well before I started the whole lot, I wrote to them and told them of change of address, and the DMC also informed them LAST YEAR, and we noticed that they hadn't done it so before I started the enquiries with them and wrote a letter to them informing them again that we had moved last year, and if they are not happy with this, then why have they been SENDING LETTERS to this address ??? I have a copy of it as well, both of them, the one from last year too.. The poor dears are a bit dim but you've told them enough times so sod em

 

Moaner = 2 Cap One = 0 hee hee

 

 

I'm truly sorry your not good. I know I wouldn't cope without my eyesight.

take care

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

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How many posts have I got to make to get rid of the "Basic Account Holder" ?

 

I think it's 100. They don't really mean anything. My status just means I don't know how to shut up :D

If you are asked to deal with any matter via private message, PLEASE report it.

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Thanks HH I can't remember when my account was opened but its not that long ago... but that is worth bearing in mind....

 

and Fox,

but at least your "Don't know when to shut up" is helping people like me (a mere basic account customer) happy by finding our rights out...

 

Now if I send the next message one word every message that might get me there quicker.

 

Might get me kicked out is more like it.... (Only kidding) haw about 2 words a post ??

 

I bet all these financial institutions HATE computers...

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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OH no, the financial institutions LURVE compooters. They then have something to blame instead of accepting it's their cock-up.

 

I think it's a minimum of 3 words per message

If you are asked to deal with any matter via private message, PLEASE report it.

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Anyway back to reality, when I write to these organisations, should I enclose copies of all the correspondance from Cap 1 or just quote it in the letter ?

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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At the risk of being cagbotted, you are a tit :D lol

 

When I wrote to the FOS, I included all the relevant paperwork(well, copies of) but not everything I wrote or received as it's usually too much.

 

With the FOS, you can download an application form and fill it in but I found the space allowed wasn't enough so I had to carry on onto a separate sheet.

I'm sure you could do most complaints online.

If you are asked to deal with any matter via private message, PLEASE report it.

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hmmm hadn't though of doing that way, I've been sharpening the quill up for the last hour...... and that was only the ones for the Arrows,

now wot am I gonna do now then.....?

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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