Jump to content


  • Tweets

  • Posts

    • The reason for the photos is to show you weren't displaying a permit.  They are supposed to check that the permit hadn't fallen off the dashboard. There is no point in appealing to PPM.  The very people who deliberately set up the site with rubbish signage to catch motorists out are highly unlikely to find against themselves. You've said several times that you think the company who you met with called PPM in so these are the people you need to contact in writing to request they call PPM off.  Until you do so we're going round in circles. If you don't want them to have your e-mail address simply set up a secondary e-address.  
    • Please see attached redacted judgment for further infoVWFS (UK) LTD - Salisbury CC - Judgment - 20240507 V Final _copy redacted.pdf
    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

experto claimform - Mbna- Virgin Card ***Claim Discontinued***


Dotty50
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3077 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 551
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Thanks Underdog,

 

Got no CCA from MBNA in 18 months, DN not enough time and sold before expiry date, which they have denied but SAR reveals different. Unlawful rescission accepted.

 

Hillesdens produced a copy from years ago which is unreadable, no T & C's from inception!

 

Will that do for starters?!

Link to post
Share on other sites

Thanks Underdog,

 

Got no CCA from MBNA in 18 months, DN not enough time and sold before expiry date, which they have denied but SAR reveals different. Unlawful rescission accepted.

 

Hillesdens produced a copy from years ago which is unreadable, no T & C's from inception!

 

Will that do for starters?!

 

I should hope so Dotty. :-)

 

If I were in your shoes, I think I would point out their errors (without revealing too much) and offer a low settlement figure - making sure they agree to write off the remainder and not to sell the remaining debt on to anyone else.

 

Again, best of luck to you.

Link to post
Share on other sites

That may be an idea, in view of some of the judges people are getting, I really don't want to end up in court, I would be a jibbering wreck!

 

Forgot to add, of course that MBNA recently wrote stating that they couldnot produce the agreement and therefore no legal action could be taken whilst they were in breach of this! Why they sent this almost 12 months after selling the debt, is beyond me!

Link to post
Share on other sites

Hi

 

Any Caggers out there done their xmas shopping and have some spare time to assist me please?

 

Here is my original thread http://www.consumeractiongroup.co.uk/forum/showthread.php?201854-Mbna-Ex-Hfc-beneficial-sold-to-Hillesdens-dlc but brief details are as follows:-

 

CCA applied for in April 2009, no response at all, account then put into dispute, still no response. I wrote several letters and even spoke to someone who promised to answer my s78 request but it was never done!

 

Account sold to Hillesdens earlier this year before the remedy date on the DN, which was 1 day short. Unlawful rescission accepted to both MBNA and Hillesdens.

 

Hillesdens eventually produced this CCA http://www.consumeractiongroup.co.uk/forum/showthread.php?201854-Mbna-Ex-Hfc-beneficial-sold-to-Hillesdens-dlc&p=3129789&viewfull=1#post3129789

 

I did respond to Aplins lba asking for a legible copy and t & c's and wrote to Hillesdens asking for the same, not had an answer from either yet.

 

I have read many threads in the legal forum but of course when it's your turn, mind goes completely blank and panic mode sets in!

 

I guess they send them at this time of the year hoping that you have little time to respond and they end up getting a judgement by default.

 

First thing is to acknowledge the claim online?

Link to post
Share on other sites

The POC states - The Claimant's claim against the defendant is for the amount due and unpaid as at todays date under a regulated running monthly credit account.

 

I have done the acknowledgement online.

 

28 days to file a defence?

 

I will really struggle with this, I can read such a lot but it doesn't seem to register. Must be my age! :wink:

 

Do I request documents under CPR from the solicitors?

 

Just added this link for my own reference

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here&p=2871965&viewfull=1#post2871965

Edited by Dotty50
Link to post
Share on other sites

Hi Dotty50, I have quietly been following your threads and posting on this one now to give it an early morning bump to get you noticed, I hope. I can't be much use to you as I haven't had any legal action taken against me but I'm sure some of the more experienced caggers and the site team will soon catch up with you.

Best of luck with your battle, which from what I have read should be no problem as the evidence you can produce should mean MBNA have no chance, but we both know how the judiciary are so biased towards lenders (i.e. banks!) so I hope you can get a what you would consider a satisfactory result before it goes near a court room.

Exchange

Link to post
Share on other sites

Time limits are critical in any claim and 95% of all claims are successful on the misunderstanding of how the process works.Claims once submitted and if defended are allocated into tracks dependent on the value of the claim.SCT Small claims FT Fast Track and MT Multi track.I would envisage that yours would fall into the fast track (loverr 5k).

bad on costs and good on disclosure and very much steered by the DJ dealing with the claim.

Also restricted to the use of the CPR so try not to complicate this matter.

If the Claimant wishes or as to change the P.o.C there is a process which will impact on your time to A.o.S.They have to request the permission of the Court and also inform you the defendent of this change.All this takes time and essentially it is not your concern or your problem.Its their claim!!!

Speaking to Court staff may feel satisfying they say this that and the other and dish out advise which really you should take with a pinch of salt.

I will just outline again the process you have 33 days to act on any claim 5 days deemed served that leaves you with 28 days.Fourteen to AoS (acknowledge service) and a further 14 to submit ones defence.

I will reiterate the only way to stop a CCJ by default is to AoS on time and Defend in full anything else ie partial or dithering will give rise to the Claimant attaining said CCJ after that it will get very messy appealing fighting saying you was told this that and the other by Court staff.

Acknowledge ASAP send the Claimant a CPR 31.16 in the absence of no detailed P.O.C(you can send a CPR 31.14 if and after they amend the P.o.C) request pertaining to the Claim and Defend all.

Once you have done the above sit back relax and let the Claimant sort out what exactly they are claiming,you will be on safe ground and able to prepare your defence.

 

Regards

Just found this very useful post by postggj.

 

I am copying and pasting for ease of reference

Link to post
Share on other sites

Thanks Ford,

 

Already reading through the one started by PT and will now be ploughing through the other!

 

I will be drafting the CPR 31.14 out later and get it in the post tomorrow. The previous letter I sent to Aplins (not under CPR31) was signed for on 6th December but they have not responded. In fact Aplins have NEVER replied to any of my letters!

Link to post
Share on other sites

what are your thoughts on doing an 18 request?

 

I don't think it applies because I know what the claim is for, my understanding is that it is used when you receive a POC and you do not know what it is about.

 

As mine states Hillesdens as the claimant, then I cannot say that I don't know what it is for as they have been on my case since January!

 

I think I should also request an extension (CPR 15) due to the Xmas period.

 

Will try and post up what I plan to send, later.

Link to post
Share on other sites

keep in mind that an 18 request can be done re any 'clarification/information' re any matter in question 'whether or not the matter is contained or referred to in a statement of case'. an 31.14, at this stage, would be re what docs, if any, are mentioned/disclosed in the claim form. their claim form is so vague, is 'regulated running monthly credit account' deemed a document? probably, see 31.4. maybe an 18 also re 'amount due and unpaid' and 'regulated running monthly credit account', and anything else that could be relevant eg DN, Assignment, ppi etc. if they do reply, and state for eg it's re a written cca agreement....., defaulted under.....of the agreement, DN issued...., sold...., etc then an 31.15 request could be done re the then disclosed docs (31.2, 31.3)? what do you think?

imo.

Edited by Ford
typo
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...