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    • I Know I will get flamed for this , but for once time only I am with MET . The so called  “graffiti” is there to help people , Parent and child bays , Disabled bays , and electric charge point bays are all there for a reason  , just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space . how would you feel  if the bay was obstructed . I have no doubt the experts here will guide you to having the parking charge cancelled . But morally ………..
    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
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intree

Dn Abbey National

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I have received a default notice dated 20 November 2009, giving me 14 days from the date above to repay arrears or further action to be taken, it was received today which is the 27 November 2009, so will now wait for termination and detail their recission of contract.

 

I beleive this is the procedure, please correct me if I am wrong.

 

Thanks

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It's defective, they haven't allowed for postal service. Also they haven't stipulated a remedy date.

so will now wait for termination and detail their recission of contract.
yes.;)

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Oh perfect intree. Please update when you get the next letter and have told them.

 

BTW - you do know to 'keep thas gob shut' until they terminate dont you.

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Thank you hungrybear, of course I will not say a word, until they terminate:D

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please can I have some advice, today I received a letter to confirm that I have not stuck to the agreement and that I owe the full amount, together with a FSA Notice, and a further letter indicating that they will now register the defaults - but no termination letter - so can they reissue a DN and should I stop paying them and just consider the account terminated?

 

Thanks

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I am in the same boat and a couple of days ago received termination notice. The default notice was also defective for same reason as yours. In my case though I had not paid for months after they refused token payment as enough and kept getting nasty so I stopped paying. It took a while after the dn for the termination notice to come but it did about a month later. Now complaining to fos that whilst ongoing complaint with them that it was terminated also.

 

Hopefully in both out cases they will have shot themselves in the foot. Why they dont deal with us more fairly is what I cant get, they would at least receive what we could afford.

 

Good luck.

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Thanks loopinlouie, I had done everything I could to make arrangements and they just ignored my attempts and told me that they would not accept token payments, so I stopped paying them 1 month ago and will not do so again.

 

Its a help to see that we are both in the same boat as may be many others, so please keep me informed I will do the same too.

 

Hoping they terminate me very soon:rolleyes:

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Oh perfect intree. Please update when you get the next letter and have told them.

 

BTW - you do know to 'keep thas gob shut' until they terminate dont you.

 

thas is past tense

 

thee is the correct word sithee

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I am in the same boat and a couple of days ago received termination notice. The default notice was also defective for same reason as yours. In my case though I had not paid for months after they refused token payment as enough and kept getting nasty so I stopped paying. It took a while after the dn for the termination notice to come but it did about a month later. Now complaining to fos that whilst ongoing complaint with them that it was terminated also.

 

Hopefully in both out cases they will have shot themselves in the foot. Why they dont deal with us more fairly is what I cant get, they would at least receive what we could afford.

 

Good luck.

 

have you written and accepted their unlawful rescission?

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thas is past tense

 

thee is the correct word sithee

 

It was in quotes because it was colloquial northern speak!:p and anyway with an apostrophe (tha's) it would be present possessive, assuming of course that it was ever a real word!

 

And as dicky says loop you must now accept their unlawful rescission.

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diddydicky. I havnt written anything, didnt know I should.

 

I did ring them to ask why terminated when I had already told them the default notice was not correct, I know but I had made complaint about manner treat and sold loan from start. Any how they told me dn was automated and out of their control.

 

Waited to hear reply regarding complaint reg with fos and termination notice appeared. Told they plan to sell the account.

 

Should I do anymore. I can show a court I told them they were acting unfairly and they still terminated.

 

I do think the abbey are stinkers in their complaints dept, they apparantly filed my complaint from fos away, without giving me chance to reply. Told dealt with.

 

I did however record the conversations with me informing them they were treating me incorrectly and unfairly and their answer basically was nowt we can do.

 

Do I need to write to them and send copy in ongoing complaint to fos.

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loop, you do need to write and accept the unlawful recsission. For two reasons one it will focus their minds, such that they have, and two it will let them know that you know that relevant laws.

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Once you have accepted the unlawful recision they can send any number of correct DNs, it won't make a bit of difference ;)


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These probably are very stupid questions but:

 

a) can a bank terminate an agreement whilst there is an ongoing dispute?

 

b) on its own does that make their action unlawful or only if combined

with other factors such as invalid DN's?

 

c) is there legislation to help the consumer in this respect?

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These probably are very stupid questions but:

 

a) can a bank terminate an agreement whilst there is an ongoing dispute? As far as I know 78(6) does not prevent termination. I am pretty sure that the Rankine case could be used to argue that termination as a necessary part of legal action would be allowed

 

b) on its own does that make their action unlawful or only if combined

with other factors such as invalid DN's? only a non compliant/no DN can lead to unlawful rescission on termination.

 

c) is there legislation to help the consumer in this respect?

hope that helps

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Certainly does ;)

 

Thank you.

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Certainly does ;)

 

Thank you.

 

In a good way I hope, despite that damn badge on your avatar!

 

I assume you were pre-empting a we could not terminate because it was in dispute arguement therefore we can reissue the DN. The first part of the Rankine ruling is all about legal action whilst in 78(6) dispute. The court ruled that 78(6) dispute does not prevent court action PLUS there is not mention in 76 or 98 of contingency on any part of 78.

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It was to cover me!

 

Bank terminated loan a/c Nov 09 after invalid DN whilst complaint with FOS re PPI mis-selling. I however, have not yet posted letter to accept their termination & since then they have sent a further invalid DN so think I'd better find that acceptance letter to send (with the original date of Nov on) ;)

 

PS - leave my avatar alone :lol:

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It was in quotes because it was colloquial northern speak!:p and anyway with an apostrophe (tha's) it would be present possessive, assuming of course that it was ever a real word!

 

And as dicky says loop you must now accept their unlawful rescission.

 

eyupp, tha knows thee stuff

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i sent Cahhot a SAR in February - just received a load of screen dumps from 2000 onwards including the application process - which is again a screen shot, they have failed to send me any agreement or any reference to a DN or even a made up agreement - does this mean that this account is now in dispute again?

 

why on earth do they send all the screen dumps yet no agreement, especially as all the screen dumps show my new address, when I had opened this credit card acc, back in 2000 at another address in another county.

 

All advice greatly appreciated

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bump for advice

 

You're better to start a new thread of your own for help. This one hasn't been posted on since before christmas 2009, so you're unlikely to get many people seeing your post and giving advice. :)


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http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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