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    • The reason for the photos is to show you weren't displaying a permit.  They are supposed to check that the permit hadn't fallen off the dashboard. There is no point in appealing to PPM.  The very people who deliberately set up the site with rubbish signage to catch motorists out are highly unlikely to find against themselves. You've said several times that you think the company who you met with called PPM in so these are the people you need to contact in writing to request they call PPM off.  Until you do so we're going round in circles. If you don't want them to have your e-mail address simply set up a secondary e-address.  
    • Please see attached redacted judgment for further infoVWFS (UK) LTD - Salisbury CC - Judgment - 20240507 V Final _copy redacted.pdf
    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 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

MandM vs Egg Loan ***Won with Strike Out***


MandM
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Is this DN worth arguing???  

2 Caggers have voted

  1. 1. Is this DN worth arguing???

    • Yes, argue all the way!!!
      2
    • No, they've got you beat.
      0


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Thanks Magda,

 

My feeling is that they're going to produce the statement they sent with their AQ which doesn't explain it as it's about £600 out! I didn't post that up before as I thought the figures might be giving too many clues (if anyone was looking). Also, the judge hasn't asked them to submit their DN so looks like he's accepting that the template one they sent with their AQ is OK.

 

I'm going to get working on my defence and base it mainly around the defective DN that they sent me at the outset of this case. Will keep posting.

 

M

 

if this goes to a hearing i dont think the judge can accept "parts" of their case in advance

 

probably didnt ask them as he already knows from experience that they are generic and they dont keep copies of the DN which is pertinent to you

 

thats why when caggers write and tell them that they terminated on the back of a faulty DN they just dont know what you are talking about

 

their computer issues them automatically by adding 14 days to the date of issue and they beleive what the computer tells them.

 

they don't produce a copy of the same letter they sent to you and put it in your file so in future the only thing they can produce to a court is in effect a blank copy DN with the dates added into it that the computer tells them was the date it was issued.

 

thats why sometimes what they produce is missing/or has added text where they have changed the letter templates over time

 

NO DN produced to a court is EVER likely to be a true copy of the original

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if this goes to a hearing i dont think the judge can accept "parts" of their case in advance

 

probably didnt ask them as he already knows from experience that they are generic and they dont keep copies of the DN which is pertinent to you

 

thats why when caggers write and tell them that they terminated on the back of a faulty DN they just dont know what you are talking about

 

their computer issues them automatically by adding 14 days to the date of issue and they beleive what the computer tells them.

 

they don't produce a copy of the same letter they sent to you and put it in your file so in future the only thing they can produce to a court is in effect a blank copy DN with the dates added into it that the computer tells them was the date it was issued.

 

thats why sometimes what they produce is missing/or has added text where they have changed the letter templates over time

 

NO DN produced to a court is EVER likely to be a true copy of the original

 

Too true DD. I'm so glad I kept my original DN and I suppose that they bank on you having not kept it :D.

 

If the court then cannot enforce repayment as the DN is dodgy AND they've terminated can I then make them lift the DN from my credit file? And how would they go about getting the money out of you then?

 

M

 

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ah well now youre getting onto one of my pet subjects-

 

and i might not be popular

 

but i see things thus:-

 

you DID borrow the money - even if the agreement it is unable to be legally enforced

 

if the ONLY reason for arrears arose as a result of their non compliance with s78 request then i would argue that you are entitled to ask for the adverse to be removed

 

if you got into difficulties prior to that for whatever reason then my OWN opinion is (and has always been) that reporting one's conduct of a credit card or other financial agreement is NOT enforcement and that the SOLE purpose of CRA's is a mutual society of lenders sharing information of what HAS happened on a particular account so that other potential lenders are aware of what they might be taking on

 

It seems to me that for WHATEVER reason the debtor missed payments - even in a dispute- that other potential lenders have a right to know what they are letting themselves in for ( even if it is just that the debtor is the kind of soul that disputes things) before they lend

 

i know this opinion is sometimes unpopular on this forum - but that is usually (IMO) from those who "want their cake and eat it""

 

you cant slag off the credit companies for throwing around easy credit and getting us all into trouble and then also slag them off when they try to take steps not to allow themselves to throw around easy credit.

 

I guess at the end of the day it is a matter of personal choice

 

i got into the **** - yes with the help of easy credit but at the end of the day i am responsible for my own actions and i am intelligent enough to know when something is "too good to be true"

 

therefore my answer is that i would be happy to get rid of the debt and prepared to live with crap credit for 6 years in order to re train myself not to be so Flippin stupid.,

 

no doubt you will get conflicting advice

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I believe car2403 has managed to successfully remove default from his file M&M, so you might want to look at some of his threads. Worth a try, if nothing else.

 

Might find this one helpful:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/111211-defaults-background-removal-methods.html

 

Magda

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Thanks DD and Magda. Can see what you're saying there DD. Although I am disputing this debt by whatever means I need to in order to stop them from taking a CO on our house (and therefore probably stopping us from moving FOREVER) i too will probably try and repay what I can.

 

When I completed my I&E in Feb this year I set up standing orders based on my calculations and have paid it every month since to each of my creditors and the majority accepted that as the situation and continue to accept my payments.

 

This particular one (which is by far the biggest of all ) have been unwilling to even talk and went straight for court action in the knowledge that I own my property and now they'd like it for themselves.

 

Should it get thrown out of court then I will continue to pay them the amount I have been paying. However, my question therefore is do they have to accept what I offer them based on what I can afford OR is there a mechanism that they can try and use to force me to pay more?

 

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if you lose in court you will put to the court the I & E you used for all your creditors, you will provide proof that all the other creditors accepted the arrangement and this one didnt

 

you will offer what you offered before and (providing it is in line with normal parameters for the working out of payments from disposable income) the judge WILL order those payments (or less) AND you wil have no further charges or interest to pay

 

the creditor CANNOT get a charging order on your house UNLESS you fail to comply with the court order (always ensure you pay by STANDING ORDER any monthly payments and pay them at least 7 days before they are due)

 

EVEN IF the creditor gets a charging order it is a big step from there to forcing a sale of your home (you creditor cannot obtain possession of your home for themselves)

 

and if a sale were forced they can only go against YOUR part of the interest in the property

 

I had a similar situation many years ago and i got my uncle (aunt.friend/etc) to place a second charge on my home for the 25,000 he lent me and which i had difficulty repaying to allow him to protect his unpaid loan

 

he was very understanding and said that if anyone were to get a C/O or force a sale of my home he would take the 25,000 plus the 5% interest p.a. since the start of his loan out of the proceeds as he would be entitled to do in full after the 1st mortgage and then probably lend it back to me again after i had finished with my other creditors

 

I was fortunate in that i did all of this before anyone ever applied for a charging order therefore they could not accuse me of arranging this for ulterior motives!!!!

 

savvy?

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I was fortunate in that i did all of this before anyone ever applied for a charging order therefore they could not accuse me of arranging this for ulterior motives!!!!

 

savvy?

Have already added another to my mortgage who iknows the score :D

But what I mean is if i WIN in court what can the claimant do then?

 

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Have already added another to my mortgage who iknows the score :D

But what I mean is if i WIN in court what can the claimant do then?

 

If you win in court, they can't do anything, because they haven't proven their claim and do not therefore have the right to enforce any alleged debt. It doesn't mean the debt doesn't exist necessarily, but if you win, that's the end of it, apart from the claimant having to pay your costs.

 

As for continuing to make payments if you win, personally I wouldn't pay them a penny, but that is of course your own choice. I was making payments on four link accounts and they took us to court on all four and lost on all four - to their own detriment as I now pay absolutely zero.

 

As Francis Bennion stated, if they can't be bothered to get everything correct (given that they are large financial institutions) then the money can be regarded as a gift.

 

Magda

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If you win in court, they can't do anything, because they haven't proven their claim and do not therefore have the right to enforce any alleged debt. It doesn't mean the debt doesn't exist necessarily, but if you win, that's the end of it, apart from the claimant having to pay your costs.

 

As for continuing to make payments if you win, personally I wouldn't pay them a penny, but that is of course your own choice. I was making payments on four link accounts and they took us to court on all four and lost on all four - to their own detriment as I now pay absolutely zero.

 

As Francis Bennion stated, if they can't be bothered to get everything correct (given that they are large financial institutions) then the money can be regarded as a gift.

 

Magda

 

Thanks Magda :)

 

Will continue scouring the threads in readiness for my defence.

 

M

 

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Have already added another to my mortgage who iknows the score :D

But what I mean is if i WIN in court what can the claimant do then?

 

all they can do is pester you , and at the risk of repeating myself (i'm not an agent or anything- honest)

 

80 quid spent on a truecall will kill of any lingering hopes of them pestering you

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all they can do is pester you , and at the risk of repeating myself (i'm not an agent or anything- honest)

 

80 quid spent on a truecall will kill of any lingering hopes of them pestering you

Already considering getting one :). Can see that it may be pretty handy.

 

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Already considering getting one :). Can see that it may be pretty handy.

 

well ONE of the nice features is that it has a recording device- it is normally turned to off however it "buffers" every call and at the end of the call deletes the information

 

if, however during the course of a telephone call you decide you would like to record it, or the other party says something which is useful for you to record- you simply hit the big button on the unit and it records the whole conversation right from the start AND logs all the call details times etc.

 

pretty neat eh?

 

in addition of course to giving you perfect peace and quiet- it answers you zapped callers all by itself without you even knowing it is going on!!

 

callers who are not yet on your zap list (but who are not on your "Starred list" are silently greeted with a message asking them to state their name

 

you unit then calls you and without them hearing tells you who is on the line- you press one button to accept the call or another to zap it without you speaking to the caller

 

calls from withheld numbers are told to call back from a number that can be seen!

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just seen another product for 19 dollars called telezapper, apparantly when you are called by an auto dialler- it recognises the auto dialler and sends a specific signal back to the auto dialler telling it theta the number is unobtainable and the auto dialler automatically (well it would - wouldn't it) deletes the number from its database

 

Cool Eh!!

 

ive e mailed the company and asked if they do one that can be used in the UK i'll let you know the outcome

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also,

 

many phones can be set up to re route calls to another number- tradesmen use them when they are not in the office -

 

so if you have this on your phone- when a dca calls you can tell the phone to divert the call to another dca's number and let them talk to each other.

 

better still get the ordinary landline number of the DCA and let him talk to himself!!

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also,

 

many phones can be set up to re route calls to another number- tradesmen use them when they are not in the office -

 

so if you have this on your phone- when a dca calls you can tell the phone to divert the call to another dca's number and let them talk to each other.

 

better still get the ordinary landline number of the DCA and let him talk to himself!!

 

Now you've really got me thinking :D.

 

No harm in turning the misery they inflict into a bit of fun for me lol.

 

M

 

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Oh god yes :-D

 

Hope your reading Sharkleys, MBNA, Crapone, RMA, NCO, Mercers, Aegis et all :-D

 

S.

 

Personally i've found MBNA to be the worst so far. At one point they must have been ringing 5 times a day EVERY day including weekends!!! Just ignored them once I got the hang of it :mad:

 

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  • 2 weeks later...

OK, we finally have some movement. Have received the WS detailing how the claim sum is made up (still trying to get my head around that) and a copy of what is alledgedly the agreement and the T&Cs (basically the same stuff as issued with their AQ).

 

I'm going to defend on the basis that the DN is totally unacceptable (all established in earlier threads) and therefore the account (which was terminated by letter by the Sols) cannot be resolved by the court.

 

Do I have to submit my defence as an amended defence or a WS?

 

Anyone up to speed on these sort of things i'd appreciate your input as it's a bit of a biggy so don't want to cock it up :-)

 

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OK, we finally have some movement. Have received the WS detailing how the claim sum is made up (still trying to get my head around that) and a copy of what is alledgedly the agreement and the T&Cs (basically the same stuff as issued with their AQ).

 

I'm going to defend on the basis that the DN is totally unacceptable (all established in earlier threads) and therefore the account (which was terminated by letter by the Sols) cannot be resolved by the court.

 

Do I have to submit my defence as an amended defence or a WS?

 

Anyone up to speed on these sort of things i'd appreciate your input as it's a bit of a biggy so don't want to cock it up :-)

 

Any thoughts?

 

M

 

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I take it this has been allocated to Fast track now M&M? (or hasn't it been allocated yet - sorry not sure where you are up to at the moment) did you get directions from the court following Allocation, it normally specifies the order in which everything must be done, e.g., WS etc. If you want to submit an amended defence (did you do a holding defence initially?) then you need to either have permission from the other side, or submit an application to the court, unless the court has already said that you should amend your defence anyway.

 

Magda

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I take it this has been allocated to Fast track now M&M? (or hasn't it been allocated yet - sorry not sure where you are up to at the moment) did you get directions from the court following Allocation, it normally specifies the order in which everything must be done, e.g., WS etc. If you want to submit an amended defence (did you do a holding defence initially?) then you need to either have permission from the other side, or submit an application to the court, unless the court has already said that you should amend your defence anyway.

 

Magda

 

Hi Magda,

Fast track it certainly is! A holding defence was submitted, draft dirs went with the AQs and the court gave them till end of last week to give certain info (build up of sum claimed and copy of original agreement). They have compliied and also sent a WS explaining how they got to their figure.

Court have given me a further 2 weeks to submit an amended defence. I was wondering in what format this should be submitted. Court has also sent me a further blue form to fill in(not sure what it is as i'm at work - can look later).

 

M

 

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