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    • I thank the Consumer Action Group Members for getting me this far in my case which is still in progress.   Situation: The Court has reversed earlier permission for me to rely on witness summaries.    The question upon which I am seeking help, please,  is - do I need to bother myself as to why the Court has reversed permission to rely on witness summaries?  If so, what line of logic or law can might I follow because clearly, the Court has said one thing and then another a few weeks later, of its own motion, the Court has reversed the earlier decision. I find this development quite extraordinary in the sense that as a result of being granted permission earlier, I served the three Witness Summons which had the Court stamp.   Background Having given me permission to serve 'Witness Summons' which I served on 3 hostile witnesses several weeks ago, the Court has now reversed it's earlier decision, and refused me permission to rely on 'witness summaries' pursuant to paragraph 32.9(2), citing that I have not shown steps taken to obtain witness statements from the 3 hostile witnesses.  I however, made two attempts to talk to the hostile witnesses who have been non responsive and I can evidence this.   I would be immensely grateful for some steer from Forum Members, please.
    • Pubs all seem to be doing a roaring trade around here. It does make me feel uncomfortable but At least they are finally making some money. Our area, the South West never really got hit badly by the pandemic. Wiltshire has regularly seeing zero confirmed cases and deaths. So we will have to see how opening pubs really pans out!     
    • Thanks for filling in the forum sticky and well done on reading up.  The more info. we all take in, the more we know what the real legal position is and how to fight sharks like CEL.   As you'll have seen, CEL are one of the most dishonest and greediest of the PPCs.  If you had indisputable proof that your car was on Mars at the time, they'd find a way to reject your appeal!  Sadly POPLA has become more & more useless, as your experience shows.  Instead of managing the car park in a professional manner, it's highly likely that CEL don't illuminate the signs at night deliberately in order to catch out motorists like yourself.   The good news is that the only person who can make you pay this "debt" is a judge, after a court case.  So from now on ignore any begging letters from CEL and/or their rent-a-threat DCAs, but do not ignore a Letter Before Action/Claim which is a formal notice of intention to start court proceedings.  However, don't waste your time while ignoring them, build a case.  Like dx says, look up the planning permission.  If the KFC is local to you, go back in the evening and get pix of their pathetic signage.  Please post up what you wrote in your appeal too.   As a belt & braces approach, get on to KFC and demand they cancel the ticket.  Show all the proof you were a genuine customer and point out that you stayed an extra 19 minutes because you were consuming more food & drink!  However, what we often find is that the bod who runs the local branch often doesn't have much power, so don't faff around.  If the local branch don't cancel within 48 hours get on to to the area manager, and if you get no joy there in 48 hours go to CEO level.   It's highly likely that if you had complained to KFC straight away and ignored CEL's kangaroo court procedure that the matter would have been resolved there & then, but hey, what is done is done and you still have a great chance of seeing off these fleecers.
    • if you are twisting sideways to takaway pubs? rather than opening pubs as you initially referred   ... thats always been cheaper at off licences and supermarkets isn't it, and rather defeats the point of pubs, and restaurants?   WHAT are you actually saying/claiming/suggestion if anything?
    • They have got a plan https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/restaurants-offering-takeaway-or-delivery   It seems pretty clear to me.
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Please help - Car Reposession/Repayment Question

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Hi guys,

 

Must say excellent site, have been browsing for a long time but finally got the courage to sign up :)

 

I have a question regarding a car agreement that my girlfriend took out some years ago.

 

In 2003 my girlfriend took out a hire purchase on a Renault Clio with some finance company (Cant remember the name right now).

 

About a year later (mid 2004 ish) she fell into difficulty paying for it due to job problems and the company wasted no time in cancelling the agreement and selling the debt onto some collection company. Before even trying to set up a repayment plan the company said that someone would turn up to repossess the car.

 

Eventually, one evening some dude in a pickup truck turned up to our house and demanded we hand over the keys. He had no ID, and certainly no court order, in fact he had no paperwork on him at all, he was just a short, angry little man with plain clothes and an unmarked truck.

 

He came onto our property and when I opened the door he lunged at me and started making threats about the car. I told him we wouldnt be giving him the keys since he had no ID or any proof that he was entitled to take the car. He got very angry by this and started trying to force his way into our house. Eventually the neighbours heard the commotion and came out and then he backed off a little onto the driveway.

 

My girlfriend then called the police as she was frightened and the man was very aggressive. after 10 minutes the police turned up and spoke to us and the guy. When the police then asked us what we wanted to do we said we werent giving him the keys.

 

The police then got their cuffs out and said that if we did not give the guy the keys WE WOULD BE ARRESTED and put in the van for breaching the peace! We were so gobsmacked by this we were speechless. In the end we had no choice but to hand the keys to the police who then gave them to the guy. We were kept under house arrest while this guy took our car away and then about 10 minutes later told us they were going. We did not sign anything.

 

To make matters worse, when he was backing the car off the driveway (we could see out the window) he scraped the side of the car down the brick gate post of our driveway (and thus i guess reducing its value). We received a letter a few weeks later saying the car had been sold for X value and that we now needed to repay. My girlfriend is still repaying this and I think this has gone on too long and is unfair.

 

What are her rights? Can she challenge the reposession even though it was 5 years ago? If not can she get this debt wiped somehow due to the nature of the reposession?

 

We want to try for a baby next year and I dont think its fair how she has this burden around her neck still 5 years later.

 

Sorry for the long winded story but any advice or suggestions would be appreciated.

 

PS: Sorry I havent got lender name and things at the moment, I can try to fish it out if I can soon.

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