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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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MBNA/Reston threating court action


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Looks good after a quick read.

 

Anything you may want to add can always be added if they produce the documents at some point in the future.

 

If your happy, file it and wait for the next step.

 

The advice you have had has been excellent so go with it stay confident!

 

Good luck!

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HI Vint Is termination notice is default notice? If so I thought default notice comes under section 87 (1) .. Plz let me know what u think..

No, the termination notice is a separate document.

 

DN does come under s87-88.

 

********************************

 

76.—(1) The creditor or owner is not entitled to enforce a term of a regulated

agreement by—

(a) demanding earlier payment of any sum, or

(b) recovering possession of any goods or land, or

© treating any right conferred on the debtor or hirer by the agreement as

terminated, restricted or deferred,

except by or after giving the debtor or hirer not less than seven days' notice of his

intention to do so.

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Jason, did you get it all sorted.. I am sorry I lost internet connection on Friday evening and am only just back online . :(

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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well, it depends what you want to spend,

 

Goode Consumer Credit law and practice is about £1,000

 

there is a good reference book on the Law of Consumer Credit and Hire written by Fred Phillpott and Bradley Say and Stephen Neville of Gough Square Chambers

 

there are absolutley thousands of judgments in Consumer Credit law so you will be reading for the next 20 years

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Lol.. thousands !!!!!!! I meant case laws regarding credit card debts only,such as like our cases..

 

PT u might be loaded with case laws. I wish I had studied law like u, then I won't been this situation..

Edited by jason_mnm
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Jason, I have flagged your question re Tomlin order for the site team.:)

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Got acknowledgment from Court today for my ED....

 

Good.

 

As requested, I have "hidden" your ED until after the court case:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Jason why have you hidden your ED?

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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I remember once I was reading Newspaper about an year ago where ' a consumer won in Court case cause bank failed to take reasonable care and duty to check his credit worthiness.

 

The person was given several cards and he was taken to court cause he was not able to pay. The Judge said It was the bank's duty to check if the person would be able to pay. The judge said bank failed in their reasonbale care and duty. The judge also said bank had enough resources to check the person's ability to pay them back.

 

Cause they gave him cards without checking his ability, he was given the judgement in his favour.

 

I wish I would have taken the Case name and could use it now..

 

Does anybody know this case plz?

Edited by jason_mnm
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I remember once I was reading Newspaper about an year ago where ' a consumer won in Court case cause bank failed to take reasonable care and duty to check his credit worthiness.

 

The person was given several cards and he was taken to court cause he was not able to pay. The Judge said It was the bank's duty to check if the person would be able to pay. The judge said bank failed in their reasonbale care and duty. The judge also said bank had enough resources to check the person's ability to pay them back.

 

Cause they gave him cards without checking his ability, he was given the judgement in his favour.

 

I wish I would have taken the Case name and could use it now..

 

Does anybody know this case plz?

MBNA –v- Thorius (in the Newcastle-upon-Tyne County Court, September 2009)

 

Case Law Update - Rosling King Blog Archive Banking Update: September 2009

 

Hope this is the one your looking for.

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