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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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Hi there, I CCA'D Next via Roxburghe back in Jan 2009, after the usual letters back and forth, I finally rec'd this from Next on the 14th July 2009:

 

I write further to our letter confirming receipt of your correspondence which was forwarded to us by Roxburghe International Plc, which has been passed to me for reply.

 

We have supplied you with a true copy of the credit agreement and we are satisfied that this meets with our obligations under section 78 of the Consumer Credit Act. As previously advised, we have been unable to locate the original signed credit agreement and cannot therefore supply you with a copy of it.

 

However, we do not agree that this gives you grounds to dispute the account. If it is your position that you did not enter in a Consumer Credit Agreement with us you should clarify on what basis you believed you were to pay for the goods ordered, and why you felt in a position to order those goods without tendering immiediate payment for them. Even if it were the case that you could satisfy a court that no Consumer Credit Agreement ever existed between you and Next, there is no reason why you would not be liable to pay for the goods purchased from us.

 

I would also like to draw your attention to the comments made by Nigel Cates, OFT Deputy Director for Consumer Credit. He stated that the duty of the creditor is to provide a "true copy" - not necessarily a "photostat" including signature. He added; "If you dont put together an agreement properly it may not be enforceable - we support that but it doesn't mean everyone has a right to get out of debts that they owe. If you owe the debt, you owe the debt".

 

Although we are not able to produce a signed copy of the agreement, this does not mean that we are unable to process you personal data. You were given the correct Data Protection Notive within our Terms and COnditions, and indicated your consent by ordering from us. For your reference, ther Terms and Conditions are printed int he back of every copy of the Next Directory sent to you, ans is also available to view online.

 

To Clarify, our credit agreements do not contain the processing notification you refer to and therefore the fact that have not been able to locate your agreement, has no bearing on our right to report how you run you account, with credit reference agencies, and has no relevance as to whether the agreement is fair or lawful. We are satisfied that consent has been obtained to process your data in the manner it has been, and we will continue to do so.

 

With regards to your request for a Deed of Assignment, I can advise that this does not exist for your account as it has not been sold. Futhermore, I have forwarded your request for a statement of account from Roxburghe to them, which you should receive shortly.

 

Again, our records indicate that there is no evidence to suggest that you did not norder and/or receive the goods delivered and therefore we will continue to attempt to retrieve the outstanding balance.

 

 

 

 

 

Any advise of what to send back to them would be much appreciated.

Just to make a point, this account was taken out in 2006, I was paying them just fine before me and OH both lost jobs, I informed them immediately once I knew we was in trouble, we was still paying them 2.00 a month, and they defaulted us and completely would not deal with me anymore and passed it to DCA - -Roxburghe, have been paying them up til Jan 09 where I CCA'd. I am sure they are still in breach of the CCA request as I didn't even rec the terms and Conditions until March 09.

 

Any legal legislation I could send back to them would be much appreciated, I want to let them know that I know where I stand legally and they can't scare me.

 

I am of the opinion that if they Can DEFAULT me and give me a bad name UNDER THE CCA 1974, then surely the defence on NO SIGNED CREDIT AGREEMENT UNDER THE CCA 1974 should also stand!.

 

I read in the small print on the Terms and Conditions that the Consumer Credit Act 1974 Lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, the creditor cannot enforce this agreement without getting a court order!!!!!!!!!!!!! The Act also gives you a number of rights.

 

Now surely if Next DID NOT LIKE THE LEGISLATIONS THAT PARLIMENT HAVE PUT IN PLACE FOR OUR PROTECTION AS CONSUMERS THEN SURELY THEY SHOULD NOT BE GOVERNED BY THE FSA LIKE FOR INSTANCE PAYPAL!!!!!!!!!!!!!!!!!!

 

Ok, this is my thinking but I dont know how to word it in a letter, just hoping they might think twice about taking me to court.

 

 

Any thoughts from anyone would be SOOOOOOOOOOOOO appreciated.

 

Red


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Does anyone have any ideas what I can write back?


Righteousness & Justice Will

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