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    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
    • Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
    • urm......exactly what you filed .....read it carefully... it puts them to strict proof to prove the debt is enforceable, so thus 'holds' their claim till they coughup or not and discontinue. you need to get readingthose threads i posted so you understand. then you'll know whats maybe next how to react or not and whats after that. 5-10 threads a day INHO. dont ever do anything without checking here 1st.
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    • 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.

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      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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Hi has anyone had a similar problem as me with next. I didn't have a directory but last year I wanted to buy a watch which had sold out in the shop but they had on-line. I ordered it and paid (or so I thought) with my debit card. Thought nothing of it but at the end of the month I received a statement from Next. It appears they had only charged £3.00 to my card and had given me a credit account (which I never asked for) anyway I paid off the balance and over the next year have ordered numerous things on line. They increased my credit limit to £300 but i usually paid off the amount in full when I got the statement. Last week I ordered some clothes for xmas presents but the following day I got a letter to say that my account had been closed as they believed in "sensible lending" and they had contacted a credit reference agency ( I have a default from over 3 years ago with MBNA who I am fighting to remove as they have no credit agreement and I am claiming charges) I am really annoyed as I did not ask for a credit facility, they sent me a credit agreement last year but i just threw it away so they don't have a signed agreement and also do they have the right just to do a credit check without my authority and in the absence of a credit application by me. I know that these checks if done and credit refused can go against my credit score which I am desperate to build up again.:-x

Mrs H

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Hi has anyone had a similar problem as me with next. I didn't have a directory but last year I wanted to buy a watch which had sold out in the shop but they had on-line. I ordered it and paid (or so I thought) with my debit card. Thought nothing of it but at the end of the month I received a statement from Next. It appears they had only charged £3.00 to my card and had given me a credit account (which I never asked for)

Purchasing anything from their website means you have agreed to the terms and conditions - which state they will credit check and open a credit account.

 

 

anyway I paid off the balance and over the next year have ordered numerous things on line. They increased my credit limit to £300 but i usually paid off the amount in full when I got the statement.

which effectively means you accepted and used the credit available

 

Last week I ordered some clothes for xmas presents but the following day I got a letter to say that my account had been closed as they believed in "sensible lending" and they had contacted a credit reference agency ( I have a default from over 3 years ago with MBNA who I am fighting to remove as they have no credit agreement and I am claiming charges)

They have done this to several people I know, one had their available credit reduced from 3600 to 0.

I am really annoyed as I did not ask for a credit facility, they sent me a credit agreement last year but i just threw it away so they don't have a signed agreement

As it was from last year they effectively do not need a signed agreement, also as it was online a tick in the box would suffice

 

and also do they have the right just to do a credit check without my authority

you gave authority when accepting the terms and conditions

 

and in the absence of a credit application by me. I know that these checks if done and credit refused can go against my credit score which I am desperate to build up again.:-x

 

The next website, like jdwilliams etc state in very small letters in the terms and conditions (hidden on the website) that they will credit check and open a credit account. Alot of people are duped into agreements they know nothing about.

 

The main problem is that when you think you are creating a website account you are also creating a next credit account at the same time.

 

All i can say is that as you paid the credit off each month that could only of helped your credit score. You are lucky you have got rid of them.

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