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    • 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.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
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paul g webster

Aviva/Cunning Lindsey/Ival issue (barclays)

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Hey all im not quite sure what to post :), basically what has happened is there was a theft at my property, 5 items where taken;

 

a. Mac Book Pro

b. Asus EEEpc

c. multiple usb dongles of varying size

d. an external usb hard disk drive

e. a speciality external wifi adapter

 

To keep things short b/c/d/e are all fine, replaced or cashed, the issue is with 'a' the mac book pro, it was a gift from my partners grand mother who has sadly passed and there is no receipts for it what so ever. cunning lindsey are refusing to move on it and barclays are a little dubios, I have provided them with pictures of the laptop (in the same room as me even though a little unclear) as well as contact details for statements for people who have seen me with the laptop.

 

If that is not enough what more can I give them, I have no idea what more I actually can give them..

 

On a side note, there is no way her grandmother purchased this laptop, it was obviously paid for by someone else, but no one seems to know who and short of raising the dead it seems impossible to find out.


-- Thank you for your time

-- Paul G Webster

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Oh I also sent in a picture of the original manual for the mac book pro also


-- Thank you for your time

-- Paul G Webster

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hi paul,

 

any joy with this?


Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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Hi There, anyone Know these idiotic companies

 

 

Aviva, Crawfords, Insure repair, Asprea, these companies are totally lacking in manners, professionalism, courtesy, understanding, my roof leak caused by storm damage was called in on the 22.1.10(morning) and it is now 24.1.10 (evening), all they have done is to pass me from one lackadaisical company to another more incompetent company.

How hard is it to arrange for someone to carry out repairs on a roof, all the responses I received were that I would have to arrange and pay for the work to be carried out myself, and that the monies for the work carried out may not be reimbursed.

Why do I pay these cretins an insurance policy, when they want myself to do their work for them. I have e-mailed who I can just now and the ombudsman too

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Not dealt with yet, sorry for the late reply been chasing them on the issues and they pretty much just dont want to talk to me.

 

Barclays appear to be at least trying to help out but Cunning lindsay are just saying no. the really stupid thing is that barclays have stated that as it was a gift the original receipt is not needed, infact I 3 way called barclays and cunningham lindsay so they could speak on the same line.

 

It seems though that cunning lindsay forgot about this conversation 24 hours later.


-- Thank you for your time

-- Paul G Webster

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