Jump to content



  • Tweets

  • Posts

    • They owner on my credit file is Alpha Credit Solutions.    Before them it was Secure Trust Bank. 
    • I typed in mediation in search as above. Just looking for info. Plus my previous info is from the post in here about small claims and covid.
    • ACS are a DCA who are their actual clients stated on their letters? who is the owner stated on your credit file? you've posted in the creation finance forum is it them?    
    • The quality is excellent Tom.   I've just sacrificed half an hour of my life that I will never get back reading that load of bilge from Simon.  A few things.   For once Simon doesn't go on about appeals (although the correspondence between the two of you is in his attachments) so it's immaterial how you deal with this aspect.   Again, unlike recent VCS/Excel WSs Simon doesn't even try to defend the Unicorn Food Tax, so you can really put the boot in re double recovery.  I didn't find Jake's letter, but I did find  https://www.consumeractiongroup.co.uk/topic/419312-vcs-pcn-claimform-no-stopping-in-restricted-zone-bristol-airport-claim-dismissed/page/4/?tab=comments#comment-5081518  Look at the first page of the attachment in post 95.  VCS already employ a Debt & Litigation Manager so obviously see litigation as part of their business and already have an employee who deals with such matters without them having to spend extra money.   I love paragraph 31 " ... The Claimant robustly denies that the signage in the car park is of a prohibitive in nature ... the Defendant's vehicle was observed stopping in a zone where stopping is prohibited"!!!   Your WS is succinct, to the point, and will impress a judge a hell of a lot more than Simon's garbage.  I think it would make it even clearer to the judge if you titled the sections to mention prohibition, POFA non-compliance, bye-laws, double recovery, etc., so the judge can see immediately what you're arguing.
    • Why do you keep wasting your time on Google wHen there are 1000's of lowell claimform threads on cag?   mediation has always been by phone.. if when it actually happens the same q's ..are asked again as the n180 form if you've not received enough information to make an informed decision to progress it. Then tell them so.
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Please note that this topic has not had any new posts for the last 4007 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi summer, sorry to hear you have been poorly, hope you are better soon.

Hopefully he will battle and then it will be in the hands of the DJ lottery:eek:

Edited by cymruambyth
Link to post
Share on other sites
  • Replies 456
  • Created
  • Last Reply

Top Posters In This Topic

Thanks lilly.

I will just have to ensure that I have enough supporting legislation that I can put his way if needed.

Can you answer my earier question about hearsay evidence? With the different rules applicable to Small claims, can it still be applied or is it the luck of th draw?

Thanks

 

 

ok hearsay means what is says, where is the proof .that is it.

 

where you there, did you see it been copied , in any court you need to question everthing,

 

in short unless there is proof it is hearsay.

 

look at it this way, i feel i know you, however i do not.

 

 

keep strong and make your own luck it is not the answers but the questions

 

 

lilly

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

Link to post
Share on other sites
Thank you everyone. He is just picking at everything that I felt confidentish :) about and it has dented my 'knowledege'. i supose i really wanted support that we should be fighting this battle. The stupid thing is he can probably 'perform' better than I can.

 

Look on his criticism as practice for the arguments you might encounter in court. If you can answer his points, you'll be more likely to be able to answer anything brought up by the DJ or opposition. It shouldn't knock your confidence, it should improve it. In fact, you've already figured this out yourself in your post below..:)

Thanks lilly.

I will just have to ensure that I have enough supporting legislation that I can put his way if needed.

Can you answer my earier question about hearsay evidence? With the different rules applicable to Small claims, can it still be applied or is it the luck of th draw?

 

Re. the admisability of hearsay evidence, the law applies in the CC as much as in any other court so the claimant still has to show proof of where/how the evidence was derived.

 

However the burden of proof for your whole case is not the same in the CC as in a criminal court & judgments can be made on a balance of probability. That is solely for the DJ to decide & where the DJ lottery comes into play :mad:. However the more convincing the arguments you put forward based on the law, the less likely it is that the the DJ will ignore those - indeed, if he did, it would give you grounds for appeal.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Thanks alot for your continuing support. It was reading something about the level of evidence required in small claims cases that made me worry (yet again) about hearsay evidence!

Link to post
Share on other sites
hi what is the exact bit that I quoteto say that a DN is not valid because it contains charges?

 

Hope this is not too late for you Cy...

 

A DN has to be accurate - that means that if the sum quoted as arrears contains unlawful charges, the sum is not accurate.

 

The case law to quote is:

(Woodchester Lease Management Services Ltd v Swayne and Co - [2001] GCCR 2255) & Wilson v FCT

Wood v Swayne link: Woodchester v Swayne & Co [1998] EWCA Civ 1209 (14 July 1998)

 

Read in conjunction with Wilson V FCT judgment means that if a defective DN is served, tonly the arrears at that time can ever be claimed, never the full balance

Wilson link: Wilson v First County Trust Ltd [2001] EWCA Civ 633 (2 May 2001)

 

Quote from car off another thread:

 

Woodchester needs to be read in line with the Wilson cases.

 

If you read Woodchester in isolation, the application in your situation isn't immedately obvious - the issue there being an inaccurate default and term notice meant the subsequent action taken was unlawful, hence the repudiation.

 

Wilson (v FCT) covers the instance of a breach of obligations of the creditor under the original agreement, which was unenforceable because of missing prescribed terms, which was incapable of default/termination as a result.

 

Combine Woodchester and Wilson v FCT and there you have it.

Edited by foolishgirl
addition

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites
hi what is the exact bit that I quoteto say that a DN is not valid because it contains charges?

 

my advice is NOT to quote anything,

 

if they have terminated on the back of a defective DN you merely accept that they have unlawfully rescinded the agreement and that it no longer endures

 

it is for them and their lawyers to figure out what is wrong with it

Link to post
Share on other sites
Thanks, not too late, gosh up to 2 guests now:eek:

 

You will have to start rationing the seating:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Very nice DJ, but that doesn't make the result any better!

Failed

His copy of the agreement was more lebgible than ours and due to Manchester case satisfied the law.

DN he couldn't act on because I hadn't taken full copies of judgements for him to review.

Incorrect clauses on POC, [problem] pointed out that this was an admin error - sorry! Couldn't tell us this in the 90mins waiting for court, which would have meant a different tack.

I had done excellent research - wow!

Didn't grant appeal because didn't think we hadgrounds to succeed.

Ambushed by [problem], not happy, but a nice DJ.

Peace and goodwill to all Caggers, but not the legal and banking industries!!!!!!

Link to post
Share on other sites

Oh dear Cy - my commiserations. :(

 

At least you got credit for trying.

 

However what was wrong with the POC? Does that not give you grounds for appeal? And, if DN was defective??!!

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Hi I'm not sure. In the POC they referred to 3 clauses in the t+cs which were the incorrect ones. Their sol amended at start of procedings, even though OH complained ..on the probability....

DN contains charges, but OFT ruling after it was issued so wouldn't have bearing. Also cases referred to were after issue, so again no bearing!

But DJ was very nice about it all:rolleyes:

Link to post
Share on other sites

DN contains charges, but OFT ruling after it was issued so wouldn't have bearing. Also cases referred to were after issue, so again no bearing!

But DJ was very nice about it all:rolleyes:

 

IMO the date of the OFT ruling is not applicable. The charges were always unlawful, whenever they were applied, OFT statements or no OFT statements, so therefore DN would have been worng. Also the cases you referred to were 1998 & 2001 - when was the DN issued? :confused:

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

This doesnt sound right to me at all.

 

Cy, I am bitterly disappointed. :mad:

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hello C!

 

Sounds like you have been stitched up.

 

The Manchester Test case has been used incorrectly against you. In this case the bank is the Claimant, and to enforce they need to prove their case and show they have an Agreement, signed by you, that was compliant with s61(1)(a).

 

Plus, they needed an effective s87(1) Default Notice.

 

The DJ may have been nice as pie, but he/she has misdirected him/her self.

 

I would seriously consider an Appeal. The DJ can refuse an Appeal, but has to complete Form N460 stating their reasons. Ask for that ASAP, because you will need that if you are to Appeal. The DJ refusing it means not a lot, particularly if they were wrong, and especially if **** ambushed you in any way.

 

I think we need to hear all, and then we can see if you have reasonable grounds for an Appeal.

 

The lower Court Judges are a nightmare, but Appealing is one way to put right the wrong.

 

Must dash for food, but sorry to hear you have been shafted by the old Judge Lottery.

 

Cheers,

BRW

Edited by banker_rhymes_with
Stray word deletion! N460 Typo
Link to post
Share on other sites
.

 

The Manchester Test case has been used incorrectly against you. In this case the bank is the Claimant, and to enforce they need to prove their case and show they have an Agreement, signed by you, that was compliant with s61(1)(a).

 

Plus, they needed an effective s87(1) Default Notice.

 

The DJ may have been nice as pie, but he/she has misdirected him/her self.

 

 

Well put BRW!

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites
Hello C!

 

self.

 

I would seriously consider an Appeal. The DJ can refuse an Appeal, but has to complete Form N460 stating their reasons. Ask for that ASAP, because you will need that if you are to Appeal. The DJ refusing it means not a lot, particularly if they were wrong, and especially if **** ambushed you in any way.

 

I think we need to hear all, and then we can see if you have reasonable grounds for an Appeal.

 

The lower Court Judges are a nightmare, but Appealing is one way to put right the wrong.

 

 

 

Cheers,

BRW

 

Just realised you have changed the form number, it's making my search alot easier now!:D Though the court is still sounding slightly bemused by my request:eek:

 

If, at the conclusion of a hearing, you are asked for permission to appeal, you should complete Form N460 in every case, whether you refuse or grant the application. It should then be handed to the party who asked for permission.

Civil Bench Book

Link to post
Share on other sites

It will be interesting at the very least to see why the Judge refused you leave to appeal in the first instance.:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
It will be interesting at the very least to see why the Judge refused you leave to appeal in the first instance.:D

 

We didn't have a sufficient case that would win on appeal:mad:

Link to post
Share on other sites
It will be interesting at the very least to see why the Judge refused you leave to appeal in the first instance.:D

 

Yep indeed.... Didnt I read on here or the original email notification message that the judge had had an email with details of the manchester cases that morning... was this a directive or the actual copy of judgment in which case he/she surely wouldnt have had time to dissect it properly prior to your trial?......... or did I just dream all the above :-(

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites
Yep indeed.... Didnt I read on here or the original email notification message that the judge had had an email with details of the manchester cases that morning... was this a directive or the actual copy of judgment in which case he/she surely wouldnt have had time to dissect it properly prior to your trial?......... or did I just dream all the above :-(

 

S.

Yes, yes, yes.

I think, but cannot be sure that he was looking at the summary of findings, saying that points1 and 3 were applicable, but not 2, which [problem] agreed. He also mentioned McG case but both he ans [problem] didn't think this was applicable!!!!

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...