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    • FTMDave
      Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ

      By FTMDave · Posted

      We need to see the actual document from the IAS where it is written - "The Operator's evidence shows no payment for the Appellant's vehicle, or anything similar. It does show two payments for the same registration in quick succession. I would take a reasonable guess, based on the circumstances described, that the person paying has paid for the registration of the person they assisted again." You can't just type it up yourself. At the hearing in July or August or whenever the judge will have two Witness Statements. One from Bank's director says you never made a second appeal. You say you did make a second appeal and the IAS concluded that payment was made. The judge will immediately twig that either you or the director is lying.  But who? Fail to show the documentation form the IAS and instead just produce something you've typed yourself will make it look like you just made up the appeal and you are lying and you will lose the case. Please let us see what the IAS adjudicator sent.
    • sprouting
      Breach of Wholesale Contract

      By sprouting · Posted

      I used to have a retail outlet in London selling my husband's photography.  We also had a co-op with staff so they weren't directly employed by me, but I paid for the other overheads etc.  When my husband died, I carried on as usual for a while but then I became ill and moved quite far away so logistically was becoming very difficult.  I came to an arrangement (verbal) with one of the guys I trusted, that I would send him the images to print and sell as normal, and I wouldn't take any money, as a short term solution until I got back on my feet and worked out the best way to do things. He would pay all the  rent, insurance etc... Over a year later, not able to give things away for free anymore,  I drew up a contract as a wholesale agreement, so I would get everything printed and sent to him and I would invoice his for what he ordered. I noticed form the beginning that he wasn't ordering enough or frequently enough to be making any money, and was suspicious he was doing his own orders on the sly and ordering just enough from me to keep my happy.  I checked with my printer, which I've been with for 20 years, and he sad he wasn't getting orders for my images from anyone else. I emailed a few other printers to ask them to keep a look out for some images but I soon realised this would be impossible to police.  The only option really would be to buy a print from him and check the stamp on the back of it.  I finally managed to get hold of on the prints on sale, and sure enough, he did not order it through me.   In the contract he signed in 2022 it explicitly states that he must destroy all files I had previously sent him etc etc so e is in breach of that.  When I drew up the contract, I was careful to make sure it was legally binding, but before I let rip at him, I need to know where I stand.  The contract is here: PARTIES This WHOLESALE AGREEMENT (“Agreement”) is made effective as of 30th June, 2022, by and between ############################## The Supplier and the Client, collectively referred to as the "Parties," hereby agree to the following terms: TERMS AND CONDITIONS SALES OF GOODS The Supplier agrees to provide the following goods to the Client (“Goods”): Description of Goods ################################# Doc ID: 3d54c1d336d8780243801e0e068ebd33114b088b BOTH PARTIES AGREE: The Client purchases the Goods through the Supplier directly, and agrees to delete/destroy any previously held digital images (Goods) owned by the Supplier, and agrees not to use any such files for monetary gain, outside of this agreement, either directly or through a third party from immediate effect of this agreement. The Client purchases the other materials necessary for resale of the Goods independently of this agreement. The Client shall have exclusive rights for resale of Goods at ###########, and also with permission, as a retailer of the Goods elsewhere, provided that there is no conflict of interest between the Supplier and the Client. The Client is free to decide their own retail prices, for the Goods. The Supplier shall use #####  to provide the printed Goods on Fujifilm Crystal Archive paper, with Lustre finish, and will not use any other Printer unless #### cease to trade, without prior approval from the Client. The Supplier shall not impose restrictions on size or frequency of orders made by the Client. The prices provided by the Supplier shall not increase for a minimum of 3 years, unless the prices of the raw materials rise, in which case the client will be informed immediately. Any discounts/promotional prices of raw materials shall be passed on to the Client by the Supplier, and the invoice will show adjustments for this, as well as credit for return postage of any damaged goods. This agreement can be terminated by the Client without notice; the Supplier must give notice of no less than 90 days, unless the terms of the agreement are breached, in which case, the agreement can be terminated with immediate effect. PAYMENT Orders must be paid for upon receipt of invoice, via Bank transfer: ######### Doc ID: 3d54c1d336d8780243801e0e068ebd33114b088b DELIVERY AND INSPECTIONS All orders received by 12.00am (midnight) shall be processed by the Supplier the following working day and delivery of order shall arrive in accordance with the Royal Mail schedule, or DPD, should express delivery be requested. The Client shall be liable for the delivery charge which shall be added to the invoice. The Goods will be delivered to the address specified by the Client. The Client shall be provided with order tracking, and should any problems arise with the ordering system or the couriers (Royal Mail, DPD), the Client shall be informed without delay of any such issues. The Client will inspect the Goods and report any defects or damage to the Goods in transit as soon as possible upon receipt of Goods, and will retain damaged Goods for return to Supplier for refund/replacement. GENERAL PROVISIONS CONFIDENTIALITY The prices of the Goods and other information contained in this Agreement is confidential and will not be disclosed by either party unless with prior written consent of the other party. INDEMNIFICATION The Client indemnifies the Supplier from any claims, liabilities, and expenses made by any third party vendors or customers of the Client. GOVERNING LAW This Agreement will be governed by and construed in accordance with UK Law. ACCEPTANCE Both parties understand and accept the wholesale arrangement stipulated under this Agreement. Doc ID: 3d54c1d336d8780243801e0e068ebd33114b088b IN WITNESS WHEREOF, each of the Parties has executed this Wholesale Agreement as of the day and year set forth above.   Signed by us both electronically.   I haven't broached any of this yet, and I am looking for some advice about what action to take.  The main issue I've got is that he has still go those images.  If I terminate the contract, I will need to know that he no longer has those images and I can't think of a bulletproof way to do this. I'm thinking I might tell him I will continue with the contract but ask for a  sum in damages and say that if I find out he's still doing it down the line I will terminate the contract and sue him for damages. The damages side of things I'm not sure how it would work as he is self employed, and I'm positive he doesn't declare all of his earnings to HMRC, in order to find out how much I have lost, would the court demand to go through his tax self assessments?  I'm not sure how to proceed with this, I don't want to lose that place as an outlet as it is in a prime spot in London, which is why I let him have those images in the first place as I would have had to pull out altogether at that point.  I am regretting it somewhat now though.  Please help.
    • Laura Cooke
      Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ

      By Laura Cooke · Posted

      I cannot locate anything in my paper work that states 2 payments were made? Perhaps you could point this out? In reply from IAS it states "The ticketing data has been attached" nothing was sent to me. I made a response to the IAS all this was done online
    • Laura Cooke
      Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ

      By Laura Cooke · Posted

    • Littleted88
      PPM operator photos PCN - residential parking - 34-39 Magnolia House & 1-83 Cedar House Spelthorne Grove, Sunbury - on - Thames, Middlesex, TW16 7.

      By Littleted88 · Posted

      Thanks again for your responses. The concern I have here, is that freeholder of the land (a company, who presumably would have been the ones to have initially instructed PPM to manage the parking here), will have proof of exactly how long the vehicle was on site for, as the driver was meeting operatives from that company on a separate matter. On this basis, if the matter was to get to court, I feel all the other technicalities about signage, size of signage/font, lack of start/finish times, will not be enough to have any case dropped? This PCN was brought up to the freeholder but they have advised that PPM will not waive this charge. 

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Set Aside a CCJ PLEASE HELP

donnyboy75

By donnyboy75
in Financial Legal Issues

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donnyboy75

donnyboy75

Posted
Posted

Dear All,

 

I hope you can help me

 

I am in a job that requires a clean credit history, I today received notifcation from my bank that the credit line for my business is being placed on hold as there new credit search facility showed a CCJ.. I could basically lose my job over this...

 

This has come as a very big suprise to me so I need help.. essentially a charge has been placed on my new property!!

 

1. I checked credit expert, it confirmed that over the past 31 months I have paid satisfactorily with the exception of 6 payments within the 31 months which were late payments of no more than 3 months

 

2. I was not living at the address where the summons and judements took place

 

3. I did not receive notification that they were going to commence legal action based on the above

 

4. My account on Credit Expert shows that the accounts has never been officially defaulted, ie not recorded

 

5. I have never seen a default notice

 

6. I did not receive a summons based on the above

 

I have spoken to the court on this and they have confirmed that they did not have an updated address until AFTER the judgement had been made and that the original documentation has been sent to an address that i had not lived in for 5 years and in fact sold 2 years prior to the judgement!

I spoke to the company who actioned the CCJ and they confirmed that they new I was residing at a new address as I had confirmed this to them over the phone and they had sent me statements on the account!

 

I received notification from the land registry at my new address saying a charge had been placed on the property however i did not know this was done via a CCJ route!!

 

PLEASE PLEASE help me on this I am so stuck and worried because I could essentially lost my job which in turn means I would lose my home..

 

what do i do??

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donnyboy75

donnyboy75

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I beleive it has already been granted, i just did not realise that in order for that to take place a judgement would have been granted...

 

I am praying you are not going to say that on the basis it has been granted I am done for! ;)

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debbbbsy

debbbbsy

Posted
Posted

No, your not done for.

This happens alot, a charging order is given automatically.

 

First thing to do, somewhere on the paperwork should be the claim reference number. This claim will probably have been done through Northampton courts, they handle bulk claims.

Tomorrow morning, ring them to get this confirmed. If it was issued through them, they should be able to give you all the info

Who issued the claim?

When was it Issued?

To what address did THEY said all correspondence?

 

If the court docs were sent to the wrong address, explain this. They are usually very helpfull.

They should advise you to apply an N244, an application to have the judgement set a side, on the grounds that you were denied the right to defend this claim, as the docs were sent to the wrong address. You will have to provide proof of your current address,bills, council tax, how long youv'e been there, as much as possible.

Once the judgement is set a side, the charging order is automatically removed.

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donnyboy75

donnyboy75

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No, your not done for.

This happens alot, a charging order is given automatically.

 

First thing to do, somewhere on the paperwork should be the claim reference number. This claim will probably have been done through Northampton courts, they handle bulk claims.

Tomorrow morning, ring them to get this confirmed. If it was issued through them, they should be able to give you all the info

Who issued the claim?

When was it Issued?

To what address did THEY said all correspondence?

 

If the court docs were sent to the wrong address, explain this. They are usually very helpfull.

They should advise you to apply an N244, an application to have the judgement set a side, on the grounds that you were denied the right to defend this claim, as the docs were sent to the wrong address. You will have to provide proof of your current address,bills, council tax, how long youv'e been there, as much as possible.

Once the judgement is set a side, the charging order is automatically removed.

 

debbbbsy... my (female) knight in shining armour!!

 

I am kinda one step ahead, as you can imagine i totally panicked today when I heard all of this, I spoke to the court, the confirmed all relevant details and also confirmed the fact that the address docs were sent to was my old address, I can in turn prove my current address based on council tax, mortgage. It was actually done via a court in Newcastle, this is a Northern Rock Production!!!

 

Do you think I stand a good chance of getting this set aside, obviously the court actions judgement to be set aside based on the law and not pulling on the heart strings however would the current climate and losing my business elemtn be a good one to use while at the hearing or should i stick to the facts?

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debbbbsy

debbbbsy

Posted
Posted

If you can prove, & clearly you can that you did not recieve any correspondence from the claimant, & from the courts. Then yes, apply to have the judgement set a side.TOMORROW, it can be done online. I have seen similar cases to yours, & set a sides have been granted.

As, I said, speak to the courts, they will help.

If Newcastle is not your local court, you can apply to have it moved to your local court, should you need to defend in person. Again, the court clerk will advise.

 

Good luck. Keep us updated, & if you need anymore help, just ask.

 

Debs

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debbbbsy

debbbbsy

Posted
Posted

Northampton lets you do it online. Not sure about Newcastle.

But you can download the forms. Best speak to them tomorrow.

You might have to post it, if you do, send it special.

There is a charge, it varies, between £40 & £75.

As for the timescale, again that depends on how busy the courts are, again, ask the clerk, she will know if there is a backlog of claims, & should be able to give an indication of whether it is weeks or months.

 

I also think, that at this stage, if this claim affects your job, you should write a very strong letter to Northern Rock,they will have a complaints department,send it directly to them. They HAVE to respond to an "OFFICIAL" complaint. No more phone calls, all correspondence in writing, & sent recorded. Outline EVERYTHING, & threaten them with legal action.

Keep copies of everything.

Debs

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donnyboy75

donnyboy75

Posted
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Ok, documents were sent off today with £75 as well as proof from my current council that i have lived at my address for well over 3 years! so watch this space!

 

What will happen at a hearing? will the judge set it aside and instruct Northern Rock to re issue the CCJ?

Will he just forward the CCJ from my old address to my new one?

Also what will happen to the charge on the property via the land registry

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debbbbsy

debbbbsy

Posted
Posted

I'm not sure what happens next. I suppose, Northern Rock will be informed, if they choose to defend your application, to stop it being granted , then there will be a hearing . If they accept your application, & your claim has merit, they won't try & stop it.

 

He can't transfer the CCJ. Northern Rock will have to start all over again. There are procedures that need yo be followed before they can take you to court.

Firstly, a letter, giving you the opportunity to pay.

Then, a default notice.

& then a letter before action,

& then court.

The default notice is an essential prereqisite, they cannot enforce the "Alleged debt" in court if you did not recieve it. This is why your N244 will be granted.

 

If they already have the charge, once you get the CCJ set a side, it will automatically be removed.But I am puzzled by this, if Northern Rock had your address for the charging order, why were they issuing the claim to a different address:confused:.Very very naughty, & a clear breach of procedure.

 

I am confident the CCJ will be set a side.

You now have to move 1 step forward. How do you intend to defend the claim when it is issued again ?

Is it a credit card or a loan ?

In all probability the "Alleged Debt" will have accrued interest & charges, & of course the court fees. You can challenge these.

Do a SAR.

 

Debs

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donnyboy75

donnyboy75

Posted
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I think it is just a catalogue of errors, would i be right in saying that you have to send CCJ docs to the address you are residing at?

Would I be right in saying that if they had done things properly the CCJ would be at my current address not one I have not lived in for over 5 years?

 

As for moving forward to be fair to NR they told me to go for the setting aside asap due to the job situation so I am hoping I can go for another option with them, ultimately if the judgement is set aside then there is no benefit in them going for another CCJ as i will lose my job and due to other creditors they will not get much, in addition it could be deamed as an unfair oportioning of equity and in turn effecting the other creditors.. i think!

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debbbbsy

debbbbsy

Posted
Posted

Seriously, I would not discuss any option with NR until you have done the SAR & the CCA. And also, they need to apologise & reimburse you the £75 for the N244.

You MUST put in an 'Official Complaint'. Do not assume, that because they are nice & polite on the phone that they are simply going to let this go. Afterall, if they Knew they were in the wrong, why were they pressing on with a charging order.If they new the claim had been granted "Unlawfully", why did they not inform the courts.They do not play fair.

They now know your weakness, you have told them you will lose your job, they WILL use this to get you to pay all monies outstanding.

Please do everything in writing.

Debs

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donnyboy75

donnyboy75

Posted
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Posted

hi debs

 

sorry for the delay, just seen the post, unfortunately NR have been corresponded with and payments were being made without knowledge of the CCJ.

 

A quick update for you, I have sent for C224 to the court to get it set aside, in addition NR are considering a Tomlin Order due to the fact I could lost my job so they are being reasonable at this time... watch this space!

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