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    • Hi all   Firstly, thanks for all the helpful threads on here. Whilst there's a lot to read and get through, it's both helpful and reassuring to see so much great advice and support to others in similar situations.   I've received a letter and a Claim Form from Moriarty for an ADCB CC debt. I'm presently in a DMP for existing UK debts and (probably like many others) I truly don't know the best way forward, as time is clearly of the essence - but I don't feel I've 'up to speed' yet on all the other threads, advice, lingo etc. to respond accordingly.   I'm looking at drafting the PAP and getting it of tomorrow, but just want to get into the other threads to see if it's the right thing (and get more info on similar cases).   Please feel free to comment with any advice - all gratefully received of course. Thanks again for anyone that's posted in other threads and great to see so many kind and generous respondents helping others.   PS. Haven't posted/scanned details onto the thread yet as still to read up on the rules/tips, but Claim Form filed in Northampton on 20 Nov.
    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
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JimmySpangle

Mobility question

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As some of you will know, I am a blue badge holder in receipt of the higher rate of DLA (mobility). I can walk, but it is very painful and going to town now is avoided if possible.

 

I live about 2 miles from the City Centre and have considered a couple of options. I was considering buying a mobity scooter, either a colapsable one I can take in the boot and then put up once there, or one of the nippy ones (8mph) and drive it all the way there and back.

 

Problem I have is that they are 'grannymobiles' and I am a bloke in my late 40's. Without trying to offend anyone, I don't like the whole image of them. Poxy shopping basket on the front etc. If it had a V8 engine and wide wheels, then great. But no... you know what I mean.

 

Other option is an electric wheelchair, but then I feel like a fraud when I can walk and don't want people getting things from shelves for me when I can get up and do it. But I also don't want to be seen as that bloke in Little Britain either!

 

So. Does anyone know a happy medium for me? I would gladly use one of those two wheel things from USA, but i believe they are illegal here. I am totally open to suggestion, just something that I can ideally sit down on/in and not look like my grandmother.

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Roller skates? :razz:

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I love it! :-D

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Thanks for the replies so far. Roller skates? Behave yourself!:)

 

The last one looks a little more like it. I did a search on google and found a pic. Of a granny and her dog in one. Grrrrrrr!

 

I may be looking for something that doesn't exist of course. I will have to avoid the 4 wheel burgundy red with walnut trim scooters with the wicker basket on the front. It looks as though the cheap and nasty looking 3 wheeler that folds up completely maybe the only viable solution. I have to make sure it has an ignition key though. This is Nottingham and unless it is nailed down it will walk. I even had my walking sticks pinched once whilst I was using the cash point. Couldn't believe it! Running up the road laughing and through them into the road. Luckily a kind person retrieved them for me.

 

Anyway, I diverge. Any more suggestions welcome. I should add, that I am not in the price league for that last one either. It will be a used one I buy.

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I eventually bit the bullet and bought a second hand class 3 mobility scooter that scoots along at 8mph. I have not used it much as I have the same problem as you being a petrol head and loviong V8s etc.

I carry my sticks with me and park up outside the shop and then do the shopping inside however this is only to get bread or milk as a big shopping is very difficult as one has to push a trolley using one stick and hanging onto the trolley to retain your balance. I don't fancy using thsoe zimmer frame type trolleys as it gives me a complex.

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If you are buying a second hand one, there is nothing stopping you from doing it up a bit to make it more fun. :D:p

 

Ride em cowboy!!!!!

 

horse-disabled-cart.jpg


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That has made my day! I have a photo somewhere of a lady in Skegness riding something that looks like a Harley Davidson, with her blue badge dangling from the steering. I'll try and find it just now.....

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:lol::lol:

 

Bet you can't wait to get one now!! :D


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Update:

 

Bahhhh humbug. Computer says no. Plus the manufacturer has gone bankrupt. When you see this you will understand why I want one.

 

Look up Carver One on You tube. The one with Jenson Button trying it is the best I think.

 

Oh well. Back to the grannymobile then......:(

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HEYYYYY.

 

I'm a granny and I wouldn't be seen using one! :mad:

 

 

 

 

:razz:

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But not your typical granny!! :p:D


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..... :shock:

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we got a brand new one for sale my hubby 23 and i prefer him in wheelchair it is a tga eclipse scooter folds down for car etc...black and silver very trendy was £1650 new it comes with warrenty..and goes 9 mph...ok it has the detachable basket but comes in handy for my shopping bags lol....has an ignition and you just chaqrge the battery indoors...let me know unless u have found your ideal one..

kind regards

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oh he only tried it twice so it is as new we are nice clean family

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