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


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    • Hopgarden
      Group Nexus ANPR PCN Claimform - Cannon Lane Retail Park, Tonbridge, TN9

      By Hopgarden · Posted

      Hi Sorry for uploading them wrong. Im not technical at all and self taught so bear with me as im trying my best. Thank you for all the info regarding the signs, this was my thoughts as well. Yes they have changed teh signs since this happened Ill ahve to have a look back through and see if when I took the pictures they were already the new ones or I have the old ones. I cant remember off hand. With regards to Europarks running the site now, Just to make you aware there is another small retail park just across the road and Im sure they are Europarks. The shops within that park are just Aldi and B & M. The site that we received the NTK has a few more shops, Home bargains, The food Warehouse, M & S food and a few others. I put these for identififcation purposes just in case it is the other site that you were looking at. The main entrance sign is on the bend on the left as you drive in the entrance so when you drive in from the right and turn in you can see it in front of you but if you drive in from the other way as we do then you dont see it unless you know its there and as you say you would have to stop to read it al anywayl. The main thing that always jumped out at us was FREE PARKING FOR CUSTOMERS ONLY in large letters. Please find the notice of hearing date attached and an offer letter I received from the vultures DCBLegal this morning,    notice of allocation group nexus.pdf vulture offer letter re group nexus.pdf
    • mystic_bertie
      Eviction Time Again - Twice In 7 Months

      By mystic_bertie · Posted

      Good Afternoon Stu,  Many thanks for your reply. I will do as you suggest and email them for the exact terms. I shall have a look through the Tenancy Agreement too  myself  
    • unclebulgaria67
      Homeowner - Struggling to now pay minimums on unsecured debt

      By unclebulgaria67 · Posted

      You need a back up plan. If you believe that redundancy is very likely, start looking at other employment options.  Don't leave it until you have been made redundant before looking for new employment. I regularly speak to people who have been made redundant and about mental health. Those who have a positive plan, get into employment quickly following redundancy and manage to maintain their finances. Those who don't have a plan, decide to accept redundancy and a period of unemployment. They end up in a downward spiral, with redundancy money spent, debts accumulated, mental health decline and difficulty finding new employment.  
    • WornOut55
      Homeowner - Struggling to now pay minimums on unsecured debt

      By WornOut55 · Posted

      Interested observer here as I'm in a similar situation. People become conditioned into seeking and maintaining a perfect credit score/file, but if your situation is that you're unlikely to obtain further credit for the foreseeable future anyway due to your other outstanding debts, then tanking your credit file now won't make a difference other than you've took back control of your finances.
    • linbren03
      Accident at a Local Council Leisure Centre

      By linbren03 · Posted

      Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx

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

CL finance Altered Application into Agreement

m4ckk

By m4ckk
in Financial Legal Issues

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Aristoc

Aristoc

Posted
Posted

I don't think they need to specify a credit limit. They've indicated that they will determine the credit limit and how they will let you know, and I think that suffices as per the regulations for running account credit.

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vjohn82

vjohn82

Posted
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I don't think they need to specify a credit limit. They've indicated that they will determine the credit limit and how they will let you know, and I think that suffices as per the regulations for running account credit.

 

It does...

 

Ok... we need to know the following to make this all as concise as poss...

 

You need to post the following documents:

 

1) The Claim Form or Claim details

 

2) The default notice

 

Then we can look at a defence.

 

I don't think the "under the influence" part will go down well with the judge simply because you would have to not only prove you were drunk at the time but also the times you used the credit card to run up the debt.

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DonkeyB

DonkeyB

Posted
Posted

Did that copy of the default notice come from Cohen? Looks like it did by the MBNA header and date.

 

Do you have a copy of any DN that was sent to you originally by MBNA? This could be important, especially if there are any differences between the two.

 

Also, do you have proof of posting of your CCA requests to Cohens? They state they have had no contact from you.

 

It's important to pick apart their witness statement where possible.

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m4ckk

m4ckk

Posted
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Posted

Yes.. it came from Cohen

 

I'll have a good look round for the original DN and post it if found - I cant remember seeing one!

 

I sent 2 CCA requests with no responses... then they appeared at court with a incomplete copy.

 

Thanks, Mack

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DonkeyB

DonkeyB

Posted
Posted (edited)

BINGO! You've got them - and by their own admission!

 

I refer to the documents supplied by Cohens in their witness statement.

 

The MBNA default notice says you must remedy the breach by 24 April 2009.

 

The Cohen witness statement says that the account was assigned to CL Finance on 23 April 2009 - a day before the deadline set to remedy the breach. This is unlawful rescission of the contract.

 

The DN also refers to paragraph 8. There is no paragraph 8 in the T&Cs supplied.

 

We need to get this into your defence/witness statement somehow.

 

They will be hard pushed to win this now, irrespective of the terms in the agreement. Hopefully someone better qualified will confirm this is a correct summary of their evidence.

Edited by DonkeyB
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m4ckk

m4ckk

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BINGO! You've got them - and by their own admission!

 

I refer to the documents supplied by Cohens in their witness statement.

 

The MBNA default notice says you must remedy the breach by 24 April 2009.

 

The Cohen witness statement says that the account was assigned to CL Finance on 23 April 2009 - a day before the deadline set to remedy the breach. This is unlawful rescission of the contract.

 

The DN also refers to paragraph 8. There is no paragraph 8 in the T&Cs supplied.

 

We need to get this into your defence/witness statement somehow.

 

They will be hard pushed to win this now, irrespective of the terms in the agreement. Hopefully someone better qualified will confirm this is a correct summary of their evidence.

 

Thanks for all this... I sometime's cant open letters:

 

The T&C's wernt all posted on here.. only the first two pages.. I'll post more later tonite.

I have to have the defence in by 4pm tomorrow. WoW:(

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DonkeyB

DonkeyB

Posted
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Mack, I'm with client at the moment, but I think your defence has to be based on the fact that, by their own admission, the account was unlawfully rescinded. I think therefore that all that is due is the actual arrears at the time of the DN.

 

Hopefully someone can drop in a do a decently formatted defence - I'm not so good at those, just good at finding the holes in the witness statements!

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vint1954

vint1954

Posted
Posted

MBNA always use UK Mail s post. this is second class, Service is therefore 4 days. That makes the service date 13th April 2009, causing the DN to fail on its own, let alone the fact that the account was sold early. The DN states that the default must be rectified before 24th. It must state a date by which it has to be rectified, so 3 points against the DN.

 

An application form may be able to become an executed agreement, if laid out in the prescribed form containing all of the prescribed terms within the signature document. This one seems to do so. However, it has to be capable of becoming a regulated agreement, that is signed by both parties, so it would follow that any application form seeking to become an executed agreement, must have a place for both parties to sign. THIS ONE DOES NOT.

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vint1954

vint1954

Posted
Posted
Is it also the case that where the account is rescinded like this, only the arrears are payable?

Yes, if the account is terminated in one of many forms, and the DN is non complient, they will only be entitled to the true amount of the arrears, excluding unlawful charges and interest.

 

If the DN was for say, £300, you may;) want to counter that lawful figure with unlawful charges ( recent and historic), Interest added to charges, your own time and expences for research and letter writing, advising this huge corporation with massive resources where they have broken the law and maybe, some unfair relationship issues under CPUTR, relating to extortionat interst hikes. Would a bank like to have to explain in a public court how they are charging 70 times the current BOE base rate?

 

It's a question of lining up the ducks in a row.:)

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littlebert8

littlebert8

Posted
Posted

I'm in the same boat - default remedy by 23/3 but the account was sold on 20/3.

 

If in court this afternoon for an SJ hearing. I've not yet made anything of the unlawful rescission, because I've only just got a copy of the DN. Not had a termination notice either.

 

I think I may have enough to get the SJ application struck out anyway, but am considering if I should use unlawful rescission too. My only question is, don't you have to agree to the unlawful rescission - can I do this by stating as much in court today or do I have to write to the creditor?

 

The arrears are stated at approx £1300 - do I need to pay this immediately of claiming unlawful rescission?

 

It would be nice to think that unlawful rescission is fatal to the claimants case, but I just don't believe it can be that simple.

 

Don't want to hijack the thread, but any advice would be greatly appreciated as I'm in court at 2:30!!

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DonkeyB

DonkeyB

Posted
Posted

If there are any charges on the account, these can be set off against the arrears. Because it has been rescinded only the arrears are due and therefore the amount claimed on the PoC would be incorrect.

 

As for the SJ, the unlawful rescission shows there is clearly a case to answer - and that should be enough fort any judge to throw it out and award you costs!

 

(Don't forget to ask for costs!)

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