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    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • std letter the court send simply telling you the claimant has 28 days to do 'something' else the claim get autostayed.   go read a goof few 10's of PCN claimform threads.    
    • Update. I get the feeling they will try and take me all the way. Just have to wait and see. court letter..pdf
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Should i "pull the trigger " now?


diddydicky
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I have a DN issued this month- although it is flawed in terms of time to comply it is also seriously flawed in that it claims the FULL four figure amount of the account outstanding to be paid in full to clear the Breach,

(only 2/3 months arrears on the account since cca'd)

 

they also conveninelty asked me to cut up and return the card which in my opinion converts what was supposed to be a DN into a TN!

 

 

no mention of arrears on the DN (although mentioned in the coveruing letter)

 

The further action threatened is

 

"we may commence legal proceedings to recover the balance"

 

which again IMO confirms this as a demand for the balance since otherwise they would have quoted termination as the consequence of failing to comply

 

My question is rather than wait for legal proceedings or further demands (since this seems pretty clear to me) shall i pull the trigger now and let them know that i have accepted their termination at face value and consider the account closed

 

as follows:

 

 

Dear Sirs

 

Your Ref Account XXXXXXXXXXXXXXX

Thank you for your letter of 17th June 2009. I am at a loss to understand its’ content and your reference to an account which in fact no longer exists.

 

You terminated my account on 8th June 2009 by way of a written demand for payment of the full outstanding balance of the account and demanded return of my card. Since I was unable to comply with your demand I have accepted that the account is now indeed terminated.

 

You will be aware that having unlawfully rescinded the agreement by failing to comply with the requirements of the consumer credit act by first issuing a valid default notice under sect 87(1) of the act ,the amount owing to you will consist only of the outstanding arrears at the time of the termination.

 

I am of course entitled to counter claim compensation as a result of your unlawful rescission of contract which I believe would be greater that the arrears outstanding.

 

I am however prepared to offer to waive my counterclaim in order to dispense of this matter quickly on the terms as follows:- .

 

Within 21 days of the date of this letter you will remove any and old adverse information you may have supplied to any credit reference agencies. You will undertake not to pass any details of this terminated account to any debt collection agency and will mark the account satisfied in full

 

Yours sincerely

 

 

 

the advice of more experienced caggers would be appreciated on this one

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Hello DD!

 

I think I would, but get some more 2nd opinions before firing!

 

Cheers,

BRW

 

thanks for that

 

my concern was to get it into their heads that i had accepted their termination and could not see the point i waiting for a further demand since this seems pretty clear

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Hello DD!

 

Fire away, but just take a few days extra to treble check you have the muzzle pushed firmly into the banking creature so you can't miss.

 

By that I mean make sure they have blown s87, then let rip.

 

No point prolonging the agony, after all. That would be cruel.

 

Cheers,

BRW

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Just an uneducated opinion here, but I think there is a risk if you let them know they've screwed up the DN before they officially terminated (by sending TN) they might try to wriggle out of it with garbage like "we only said we MAY terminate..." and issue a second DN.

 

Personally, I'd feel safer with them acknowledging the termination before telling them what they're up against. Although if they're anything like amex it'll go over their heads anyway.

 

Totally agree with BRW's comment above:

 

treble check you have the muzzle pushed firmly into the banking creature so you can't miss.

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Yes agree with both comments above-although some of the results we have seen recently ultimately depend on the Judge if it comes to it....meaning on the day they could be in with a second shot.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Yes agree with both comments above-although some of the results we have seen recently ultimately depend on the Judge if it comes to it....meaning on the day they could be in with a second shot.

 

sorry that was both points in MY post you were agreeing with?

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It was the comments of BRW and shinobi.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 4 weeks later...
Hi DD

 

Have you had a response from Halifax yet?

 

they confirmed termination

 

#i have written pointing out their many errors and have suggested they write it off

 

the response was a letter from albion

 

my response to albion was "join the queue" when halifax have answered MY letters then i might answer yours

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DD

 

My question is rather than wait for legal proceedings or further demands (since this seems pretty clear to me) shall i pull the trigger now and let them know that i have accepted their termination at face value and consider the account closed

 

1. At a minimum wait until the 14 days have expired before you do anything.

 

2. Before you do anything go back and read the latest T&Cs fully to make sure that there are no terms that you have overlooked. Things to look out for are: does the agreement have anything about service of notices, how does it address arrears, is there anything along the lines of 'prompt payment is of the essence' or words to that effect.

 

What type of agreement is it?

 

Then consider drafting a letter to them.

 

HTH

 

Dad

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  • 1 month later...
Hi DD,

 

Was wondering if there has been any further development.

 

nope, acknowledged thier repudiation and asked for an accurate arrears amount as at time of termination (against which will be my claim for damages for the repudiation) that was weeks ago...

 

response?- diddly squat!

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