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    • Have we seen your court bundle?   If we haven't then it's probably an idea to post it up here especially the index page and the witness statement so we can see if there is anything which might need adding or changing 
    • "Care to briefly tell someone who isn't tech savvy - i.e. me! - how you did this?" Its pretty simple although not obvious. You open the google maps app > click your profile picture > Click Timeline from the list > click today > choose the date you want to see the timeline from. Then you'll see your timeline for that day. Often, places you have visited will have a question mark beside them where google wants you confirm you have actually visited. You either click 'yes' if you have, or you click 'edit' to enter the actual place you visited. Sometimes, you'll see 'Missing visit' This probably happens if your internet connection has dropped out at that time. You simply click 'Add visit' and enter the place. The internet on my crappy phone often loses connection so I have to do that alot.   OK dx, understood mate. 
    • I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • Sorry  Noted x   Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
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Summanotre----Judgement at Chester Crown Court (Not CCA stay case)


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Derek R. Halbert, Designated Civil Judge at Chester County Court, quashed a possession order on 8th April 2009.

 

In paragraph 12 he cites section 65(1) and 127(3).

 

He sums up in paragraph 23

 

'I have already held that this agreement mis-states the cost of credit by failing to include the interest on the £875. Therefore the breach is established. The question remains should the court make an enforcement order? In my view it should not. This agreement is an attempt to circumvent the provisions of s 9(4) and it should not be encouraged. Appeal allowed'.

 

I do have a copy of the whole appeal but Im not sure what the rules are in posting up such documents. However, if it has already been posted on the forum then I apologise. If not, I hope it is of some help. I have just quoted it in my most recent letter.

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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I could be wrong but isn't this the one where he has allowed an appeal & has in fact sent an agreed number of cases to the High Court because he feels that if an agreement is not properly executed he doesn't think the Court should have the power to make it enforceable et all CCA 2006

 

Wasn't there recently a bit of panic cos it was thought that unenforceable cases had been stayed as a result when it wasn't true & was but a malicious rumour started by creditors

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I could be wrong but isn't this the one where he has allowed an appeal & has in fact sent an agreed number of cases to the High Court because he feels that if an agreement is not properly executed he doesn't think the Court should have the power to make it enforceable et all CCA 2006

 

Wasn't there recently a bit of panic cos it was thought that unenforceable cases had been stayed as a result when it wasn't true & was but a malicious rumour started by creditors

 

Oooh! I dont know - but I got it from a very reliable source telling me to use it for my purposes and there's no mention of the cca 2006. only cca 1974 and cca (agreements) 1983. He does make reference to a case that was upheld at appeal and by the House of Lords, Wilson v First Counties Trust, 2001. He does say its not a parallel case but he gives reasons why.

 

I've just noticed after going back to read the judgement following the above comments that it is a draft - it says on it: 'the draft itself nor its substance may be disclosed to any other person or used in the public domain' - but Ive been told I can use it and surely as this has now been approved in its final form which can be obtained from the court offices I can post the draft?

 

Advice please? Dont want to break the law or anything :D

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Reeealy dont want to break the law or whatever, so if someone could advise re posting Id be grateful. :)

 

If I get no response (no offense intended), Ill post it up anyway and then let the site team decide whether or not to remove it.

 

Also, wondered if the thread title could be changed to something more useful if the post is allowed to stay.

Hope thats all ok?

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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How can I post an Adobe document? Photobucket wont allow me to unless I change the format to jpg or similar - that means I would have to change 6 pages individually to jpg and upload them one by one to photobucket before I can post the document here?

 

Help please? :(

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Hi, no the link relates to a stay of unenforceable agreements - what Im trying to post up is a case won on appeal in favour of an unenforceable agreement.

 

I'll keep trying to post - but perhaps if someone can advise on how to upload a pdf file???

 

:|

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Hi, no the link relates to a stay of unenforceable agreements - what Im trying to post up is a case won on appeal in favour of an unenforceable agreement.

 

I'll keep trying to post - but perhaps if someone can advise on how to upload a pdf file???

 

:|

 

Click on the

 

POST REPLY button, when the new window opens up, scroll down and click on MANAGE ATTACHMENTS, a new window opens up.

 

You will see a BROWSE button, click on that, the window that opens up will be the filing system on your own computer look for the pdf file you want to upload. Click on the file, then on open. The file reference will be in the box by the BROWSE button. Then you click on UPLOAD and wait for the message that the file is uploaded.

 

It wont show immediately in the reply box but you will see the reference around about the spot you have the manage attachment button. You will need to put some text in the reply box as well I think. :)

 

HTH

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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.

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K, thanx -gonna attempt it now. :)

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Hopefully this has uploaded correctly:

 

Judgement At Chester Crown Court.pdf

 

Site team - please remove the attachment if it contravenes any rules etc.

 

If it is allowed to remain can the title of thread be changed to the title of the attachment plz with an additional note to say its not the one thats about a stay of unenforceable cca's thats in another thread on the forum? Dont know what would be an appropriate title - but perhaps you could think of one??

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Share on other sites

I will bring the post to the attention of the site team for you. :) link works just fine.

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

1: How can BCOBS protect you from your Banks unfair treatment

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

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Thanx citizenB & thanx for changing thread title (btw love your avatar - so cute) :)

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

Link to post
Share on other sites

Thanx citizenB & thanx for changing thread title (btw love your avatar - so cute) :)

 

Thank you. Although, I didnt change the title, one of the other mods must have done so.:)

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

1: How can BCOBS protect you from your Banks unfair treatment

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

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Oops! :oops: anyway, thanks for your help!

 

As for the anonymous mod in the CAG virtual-sky, thanks for changing the thread title :D

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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