Jump to content


  • Tweets

  • Posts

    • Items for sale include five rare Ferraris and a pair of Air Jordan sneakers signed by Michael Jordan.View the full article
    • TECHZONE BUXTON LTD overview - Find and update company information - GOV.UK FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK TECHZONE BUXTON LTD - Free company information from Companies House including registered office address, filing history, accounts, annual... thread title updated. dx
    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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
  • Recommended Topics

MBNA/Optima Court action


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

Thread Locked

because no one has posted on it for the last 5150 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

Hi Andy,

 

Hope your around for a bit of advice. Ive heard nothing since you last helped me. Just keping an eye on dates.

Is (date + 4 weeks) 4 weeks from when i sent back my AQ back?

(which was sept 1)

As ive heard nothing, should i start filling in the N265?

How do i make sure the havent gone for summary judgment?

 

Just wait until your recieve Notice of Allocation the Claimants Proposed Directions are not set in stone until you recieve them with the AN and the DJs order.Check reg with your CC to see if the Claimant as made any application and also as to what status your case is at.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 1 month later...
  • Replies 252
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi,

 

Not much been happening here recently but as ive had great help so far (especially andyorch) i could do with a bit more.

 

Since my last post I am now at the stage where the stay period has been extended in order for both parties to attempt settlement of the debt.

 

The letter I received from Optima basically says , this is what you owe, pay the lot.

However it also invites me to withdraw my defence to enable judgment against me, and after that they will then consider offers.

 

I am prepared to make a full and final offer, but surely I cannot accept to the above before doing so? I have a good template F&F letter, shall I send that without mentioning the above and would I have to send a copy to the court or just advise them of my actions?

Link to post
Share on other sites

I Mr V

 

You dont have to accept judgement to enable an agreement/FFS simply invite them to consider your offer and at no time you intend to withdraw your Defence.Perhaps a Tomlin Order may be prudent if matters are stalemate?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks andy, I will make them an offer without predjudice.

 

Shall i say i am not prepared to withdraw my offer?

 

Mention Tomlin order or wait?

 

Inform court ive made an offer?

 

sorry meant not prepared to withdraw defence (not offer)

Link to post
Share on other sites

Thanks andy, I will make them an offer without predjudice.

 

Shall i say i am not prepared to withdraw my Defence? You can state that you intend to proceed to trial and your Defence stands

 

Mention Tomlin order or wait? Might as well let them know that settlement can be achieved without judgement

 

Inform court ive made an offer?

Nope just dont do the letter headed WP

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 weeks later...

F&F letter sent today, will keep everybody informed. I have seen in the past threads where people have asked how successful these letters have been, so hopefully I will get a positive result and we can all see what happens.

Link to post
Share on other sites

  • 1 month later...

Hi and Merry Christmas to all,

Nearly there on this particular fight, just need a little more help please.

andyorch, couldnt have got this far without your help !!

 

I have reached an agreement to settle this, wont mention amounts but I think it is going to be ok for me.

 

I have asked for clarification that this is F & F settlement and the default lifted.

 

Probably wont get the default removed as they havent mentioned that request or that it is F&F.

 

What they have sent is a Tomlin order setting out the payment schedule.

They have asked me to sign and return it.

 

It does say "The claimant and the defendant agree that provisions of this scheduke are confidential and shall not be divulged by any party to any third party whatsoever".

What does this mean?

 

I am happy to do this but do not want to be chased for the balance, I obviously want this to be the end of the matter.

Advice please.

Link to post
Share on other sites

Does that also mean that they cannot disclose it to anyone else too? Therefore i cannot be pursued for any further money under this agreement? Also if this is done through the court i have some protection? Done want this coming back to haunt me.

Also will it show as settled on my credit file?

Link to post
Share on other sites

a lot of people worry unecessarily about f and f's

 

so long as the document makes it clear any payment is in full and final settlement no court will entertain any shenanegins at a later date

 

be sure however to incude the words "in full and final settlement of all matters between the parties" to prevent them coming back at you with a DIFFERENT claim

 

BOTH parties are bound by the confidentiality clause

Link to post
Share on other sites

Should I write that this is in F&F settlement where i sign it?

Or add it to the schedule ? There is no mention of F&F on this document.

 

They have asked me to send it back to them so they can lodge it at court. Should I send a copy to court also?

 

Sorry if i sound paranoid but I just cannot afford for this thing to come back and haunt me.

Link to post
Share on other sites

Hi MisterV

I trust you had a good Christmas and New Year.

 

Ok a Tomlin is completley different to a FFS.Tomlin commits both parties to an agreement that can only be varied by recourse of further Court proceedings.FFS is final, end of the matter providing it is watertight but a Tomlin can be used as a controled payment plan and providing you stick to the terms of the Tomlin, is also the end of the matter.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Yes andyorch, and a Happy New Year to you..

 

So, providing both parties follow the terms of the agreement when it ends thats it?

No second bite at the cherry for another DCA?

Will my credit file show it as satisfied?

 

When i sign do i send a copy to the court?

Link to post
Share on other sites

tomlin orders are bad news from what i have read on here

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

Link to post
Share on other sites

In what respect? (sorry about todays score)

 

 

they are usually biased on one way - i.e. in the creditors favour

 

dont sign a tomlin order

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

Link to post
Share on other sites

Thanks for your advice but isent everything weighed in the creditors favour?

Its ok saying dont sign a Tomlin Order, this forum is about help/advice and sharing information? Have you had a bad experience?

 

If you are about andyorch i could really appreciate one last push here to get me over the finishing line and then i can make my donation to this site. If it didnt exist and the people who make such huge contributions werent here - i could never have come this far!

 

Got to get this in the post in next 24 hours, so help quick please !

Link to post
Share on other sites

Thanks for your advice but isent everything weighed in the creditors favour?

Its ok saying dont sign a Tomlin Order, this forum is about help/advice and sharing information? Have you had a bad experience?

 

If you are about andyorch i could really appreciate one last push here to get me over the finishing line and then i can make my donation to this site. If it didnt exist and the people who make such huge contributions werent here - i could never have come this far!

 

Got to get this in the post in next 24 hours, so help quick please !

 

 

no not personally but a site mod (cant remember which one) advised against it

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

Link to post
Share on other sites

having quickly read your thread it seems that the status quo is that MBNA wont have your ORIGINAL CCA

 

if this is the case, the court CANNOT force you to pay anything

 

a tomlin order however is an agreement to pay

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

Link to post
Share on other sites

IMHO Any tomlin should only be set out and drawn up by a judge in front of both parties because if you send it too optima what is stopping them changing it before sending it to court plus having hard evidence of optima's tactics i for one do not trust them PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

In what respect? (sorry about todays score)

 

 

dont wanna talk about it :rolleyes:

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

Link to post
Share on other sites

Hi Pf, good to hear from you again, hope you are well.

Could do with your help here. I your remember following your thread and you going to court and having a judge that wasent too clued up on CCA's?

 

We all run the risk when going to court and hope that we get a judge who is understanding and knowledgable on these matters.

 

I have a "copy" of my CCA that MBNA sent, do they have the original though?? Isent this the gamble?

 

Interesting you have had dealings with Optima, your advice would be appreciated. Are you around today to give me some help? Running out of time !

Link to post
Share on other sites

yes im around please please tread very carefully with optima im back in court with them on the 14th Jan and it relates to contempt

 

remember that they do not care about your interests and there ultimate goal is a CO they will ignore cpr rules,sra code of conduct mislead the court and produce forged docs yes i have all the proof as does the court

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...