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    • What a disgraceful shirking of responsibility.  Par for the course though I'm afraid with Iceland. You could get nasty and send them a version of the below (you know the local area so change what needs to be changed). Unfortunately the people who are replying are having to comply with the company policy which is being foisted on them - which is not to cancel tickets. But you might as well send the mail and try.   Dear Cissy, thank you for today's mail. Of course you are "able" to cancel the charge, you simply contact Excel and tell them to cancel the charge. I will wait for exactly 24 hours and then contact the local newspaper XXXXX and the local radio station XXXXX about Iceland's disgraceful disability discrimination.  Nothing much happens in Gravesend so I'm sure both will be happy to do a piece which will generate terrible publicity for your store and drive away customers, which is exactly what you deserve. Yours, XXXXX 
    • You are absolutely right to be cautious. It would be helpful if you will be prepared to send me a private message containing details of the outlet and the address et cetera. It might help me to get things more into perspective. So I understand that you had a business selling your husband's photographs. You were unable to continue your direct involvement and so you made an arrangement with a manager who you trusted to carry on the business for you while you were recovering elsewhere in the country. Is this correct? This manager has possession of all the files of your husband's photographs. Is this correct? Do you have any copies of the files? You made a reference to having a Co-op. Does that mean that you are running a Co-op supermarket or groceries outlet? I don't quite understand here. In terms of the possibility of continuing the arrangement with this manager – my own view is that you need to bring the arrangement to an end and I don't see how you could trust them. As far as I can see you are asking about two issues. Making sure that the files in the manager's position are destroyed so that you regain control of the photographs. Obtaining some damages for the loss of revenue. How many photographs do you believe are in his possession? What you estimate is your loss of revenue so far – probably calculated on your average revenue over, say, the five years before you stopped your involvement in the business? You are talking here not only about a breach of contract. You are talking also about breach of copyright and frankly you're also talking about deliberate copyright infringement – which is a criminal offence. Also fraud. Additionally, if you begin the dispute with this person, I would say that they will probably leave immediately. Have you got somebody else to run the business or would that be the moment that the whole thing collapses? If it is the latter, then this is something else that you need to prepare – somebody to take over as seamlessly as possible   Also, do you know the address of this person – and do they own their own home or any other assets?  
    • Just as i thought (from above post) : i just hope this is not the normal customer service that say they cant do anything and that you have to appeal to excel parking 🙄 this is the response my friend has received today - totally ignoring the subject which was: 'victim of disability discrimination on the part of your agents' does anyone have any ideas to reply with please?     Thank you for your response.   I would like to apologise for the error in the previous email; our CEO, Tarsem Dhaliwal had received your email and tasked ourselves in the Executive Resolution Team with looking into this.   We have raised this with our internal property department who have more information on parking charges and any appeals, we can see that you had appealed the PCN with excel which was rejected, you then appealed the PCN with IAS which was also rejected.   Because of this, we would not be able to cancel or refund the charge.    I understand this may not be the outcome you had hoped for, I am sorry for any inconvenience caused.   Kind regards, Cissy
    • Officials at the Federal Reserve are expected to hold off on any interest rate cuts this month.View the full article
    • I appreciate any help on this. I got 2 different speeding tickets and I'm hoping I can get one of them canceled as it's for the exact same road, 2 days back to back. The limit was 40mph, but I honestly thought it was 50mph and so I was driving withing that limit... First time driving that road. No other points ever on my driving lisence if that matters. Any advice for the appeal please? DETAILS: AF57ONB 0013032393514620 - 209266 0013032398514320 - 748169
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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.
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HFC/restons claimform - £22k secured loan CO?


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Both letters now sent first class signed for post. I have sent them in seperate envelopes and did a cheque for both seperately (I got my husband to sign the cheque so they can't use my signature) so they cannot say that both requests were not received ( I wouldn't put it past them saying that there was only one request in the envelope!!)

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That is really sensible - I always send different letters/requests in different envelopes - it costs a bit more but its' worth it...

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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Am actively reading - it's really great and helps build my confidence reading how people are standing their ground and beating the bully boys!! If i read enough hopefully something might stick in my little brain - but i wouldn't hold my breathe!!

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The important thing is to keep on top of the stuff and ensure that you chase them for replies and that, if necessary, you apply for an Order

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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Write to the sols giving them 7 days notice to provide the docs -

 

Dear Sir\Madam,

 

I made a request for documents under CPR 31.14 on the 11th April 2009 to which you have failed to respond.

I hereby give 7 days notice for you to respond to my request or I will apply immediately for a Court Order seeking compliance together with my incurred costs.

Please find enclosed a copy of the CPR31.14 request for your ease of reference.

I look forward to your due diligence in the matter and look forward to hearing from you.

 

 

Yours faithfully,

XXXXXXX

 

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Ok - will send that 1st class recorded today. I have the bonus of a fax machine at work, so will also fax the sols a copy too!!

 

I know this is going to sound stupid - but what am i hopingto gain from getting all the info? is it to check whether the CCA is complaint and to check the balance owed against charges and fees etc??

 

What possible way to haev had of avoiding the CCJ and possibly a Charging Order??

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  • 2 weeks later...

Well I filed an embarrassed defence and low behold 2 days later i get a response from Restons!! They enclosed a fully compliant CCA and default notice and statements.

 

This was the letter that came with it.

 

Any suggestions what I do next please?

 

_______________________________

BTW HFC also wrote in reponse to my SAR and said I had to send proof of id!! I haven't reponded yet, but i guess something in the lines of "what you need ID for - it didn't stop you issue court papers against me at the address did it!" might just cover it!!

Reston%20letter%20anon 2.jpg

restons.doc

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Have tried adding another one - is that any better??

 

Yes I think there has been some charges added, although they don't seem to have increased the balance, but they are mentioned on the statements....

 

Yes - but there is an opening balance of almost £13k..

 

Have they given you statements from day one

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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Yes - but there is an opening balance of almost £13k..

 

Have they given you statements from day one

 

I think IGNM means that they need to prove how they got to the OPENING balance of £13k not the end balance....if they cant prove how they got to that start figure in the first place, how can they enforce the figure at the end?

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Are there any statements where they have added the charges on. Can you post both the agreement and also the Default Notice

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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Yes, here are all 5 payments of statements (although restons referred to them as payment history.

 

there are several charges listed, although they don't appear to have come off the balance, they are just listed on there.

statements.doc

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Yep, here they are. Any thoughts???

 

The DN looks OK - I don't know about the CA - I don't know enough about the detail of the sums - hopefully somebody else will give a view on whether the sums are right or not.

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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Yes, here are all 5 payments of statements (although restons referred to them as payment history.

 

there are several charges listed, although they don't appear to have come off the balance, they are just listed on there.

 

You didn't attach them...

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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Have attched them now - i did warn you i wasn't the sharpest tool in the box didn't I!!!!

 

I'm pretty sure all is ok with the CA to be honest, i didn't think there was a enforceablity issue with this.

 

My main aim is to try and avoid either getting a CJJ or worse still a Charging Order. Restons are not playing ball and refuse to give me a break down of their figures, so i just don't know what to do????

 

Have attached a copy of the defence I submitted to the court on the 8th May 2009

anon def.doc

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I'm not sure if you have a defence - the DN seems right - it is for two instalments - I don't understand the other figures - they put the charges into the statement and then don't seem to include them in the balance...

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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You and me both!! I haven't got a clue what is going on!!

 

The DN is for arrears up to that point. Some payments crossed with the issue of the DN, but I don't think that is really relevant.

 

I have filed the embarrassed defence, but I just don't know what to do now.

 

My issues are:

 

Amount owed

How the amount owed is made up

The DN dated on the 17th Feb states that £14386.94, plus the addition of £6909.40 - statutory refund of interest if i had settled the account making a total of £21.296.34.

 

However on the date mentioned on POC (24/03) the payment history gives a balance of £13789.66, so even if I add the £6909.40 that makes £20699.06 - meaning a difference of 597.28 - why?

 

Collection charge

What the collection charge is and how the collection charge is made up

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