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    • the property is not yours you are not on the deeds you are/were not ever on the mortgage..   stop trying to do their job in scamming you.        
    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired.   For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   So no mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage   and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.    All it states is that the operator can pursue outstanding PCNs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say.   Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ] to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal.   Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative.   Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.   I have not looked much at your WS though it is looking good.   I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007.   that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations.   It calls into question their right to apply for motorists data from the DVLA.   I would wait for their WS to arrive so that you can pick holes in that too. however watch that if they are late that you send yours off just within the Court guidelines.   What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
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wannabedebtfreesoon

elcome for illegal repo in contravention of section 92 and unfair relationship ** WON **

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This was what started the whole thing in the first place! I went in to claim on my PPI but they told me I had voluntarily given up work and they wouldn't pay out!


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Well Ime Doing A Letter For you As We Speak

Thanks Postggj, I don't know where I'd be without the support of the kind people on this site ;)


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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wanabedebtfreesoon

xx

xx

Welcome Financial Services

Compliance

Ruddington Fields Business Park

Ruddington

Nottingham

Ng11 Gnz

 

Date

 

Agreement Number

 

unlawful Repossession

fourteen Day Letter Before Action

 

As You Are Aware, Welcome Financial Services Repossessed My Vehicle On Xyz.

 

I Consider This An Illegal Reposession Under S.90 Of The Consumer Credit Act 1974 And As Such My Contract With You Has Now Been Terminated.

 

This Letter Is To Give Your Company An Oppertunity To Explain Its Actions In This Matter And To Give A Final Response. If No Response Is Received After Fourteen Days From Receipt, An Application Will Be Submitted To The Court For The Return All All Monies Paid To Welcome Financial Services And A Replacement Vehicle Of Similar Age And Condition.

 

I Require By Return A Copy Of Any Default And Termination Notice As Well As Any Repossesion Notice With A Copy Of Any Court Order For The Return Of The Vehicle.

 

An Agreement Modifying A Hire Purchase Agreement

 

After Having An Audit On My Agreement, Major Discrepencies Has Developed For Which An Explanation Is Required.

 

Amount Of Credit (goods) £4625.81. Add To That Acceptance Fee Of £195 Gives An Amount Of Credit Of £ 4820.81. Now The Interest On That At 8.9% Over Seventy Two Months Gives A Total Of £ 1359.66

 

Now Add Interest Of £1359.66 With Amount Of Credit Of £4625.81,

Gives A Total Repayable Of £ 6180.47

 

Now Put That Figures Over Seventy Two Months Works Out At £85.83 Per Month.

 

Not The £ 95.08 Stated On The Agreement, An Error Of £9.25 Per Month.

I Have Not Included The Option Fee Being It’s A Charge For Credit And Is Only Payable With The Last Instalment, But Even If Included In Error, Has Little Impact On The Figures.

 

The Acceptable Variance On The Apr Is 1% Above And 0.5% Below So I Consider This Agreement Unenforceable In Law.

 

I Await Your Response

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Thank you so much! I take it you believe I should not mention anything about them taking it off private property??


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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ive mentioned s90 of the cca

 

they will have to refute that allegation first

 

the taking off private property ime looking into

 

most important that that letter is sent reorded delivery

 

after 14 days be prepared to put in a court claim,

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It may be by the by but if I owe them £665 less than what it says on the agreement then that officially puts me over the third, although I'm not sure what difference this would make to an already unenforceable agreement!!

 

I have absolutely no problem with putting in a court claim, I'm fairly certain I don't have to pay court fees being that we receive Income support so I've got nothing to lose.

Thanks again x x x


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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i need you to work out the total payments you have made to welcome if you can

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Does that include the ones I made on the first agreement too?


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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you bet it does

thats all payments then we add on 8 % contractual interest

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Well in that case you can have £4103.18 x


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Right

 

Get That Letter Sent Off

 

Its Pay Back Time

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It'll be my pleasure :D:D:D


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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hi wannabe

 

really glad to see you're getting some expert help with this. Looks like there's more to it than just an illegal reposession. Dodgy agreements is something I don't know an awful lot about.

 

Will be following your thread with interest.

 

Makes me think I need to look over my old welcome agreements!!:D

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Thank you for all your help and support too!

Definitely check your agreements, there are very few of welcome's agreements that are actually worth the paper they're printed on!


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Ok I've got a sergeant coming round shortly to discuss my complaint against the attending officers, any advice on points I should raise or any legislation I could quote??


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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well you can ask if the coppers are fully briefed on baliff powers and why they allways assist the baliff

 

police are only there to stop a breach of the peace

not to get involved in civil disputes

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The lovely sergeant refused to investigate my complaint so it looks like the IPCC will be hearing from me very soon. He admitted not knowing the laws with regard what was lawful or not in that situation but still maintained he would not investigate.

He even bought the attending officer to my door with him! I wanted to make a complaint about someone so he felt it a good idea to bring him with him?! If I was making a report of an attack, would he have brought my attacker to the door too?? Apologise he did, substantially unsatisfied I am!


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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The lovely sergeant refused to investigate my complaint so it looks like the IPCC will be hearing from me very soon. He admitted not knowing the laws with regard what was lawful or not in that situation (NO EXCUSE) but still maintained he would not investigate.

He even bought the attending officer to my door with him! I wanted to make a complaint about someone so he felt it a good idea to bring him with him?!(INTIMIDATION) If I was making a report of an attack, would he have brought my attacker to the door too?? Apologise he did, substantially unsatisfied I am!

 

make sure you add the (INTIMIDATION) to the IPCC complaint

 

cab

 

 


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

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Thank you I most certainly will! He offered me the option of letting them deal with my complaint about his attitude "locally", I asked him what the IPCC would do if I reported it to them and he said they'd refer back to them to be dealt with locally. So I said oh well I've got nothing to lose then, IPCC it is!


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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You might also want to do a bit of digging around your local force and find the contact details of thier professional standards dept.

A two pronged approach will get some reaction, copy the IPCC letter to the professional standards dep't and watch the sudden flurry of activity.

They will do thier best to go for "local resolution", it looks better on thier statistics, whether you choose to accept that is of course entirely a matter for you.

I know what i would do.

Light blue touch paper and retreat a safe distance and wait for the pretty fireworks.


I love the smell of banks coughing up refunds early in the morning

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Good luck wannabe

a similar thing happened to my brother, unfortunately he gave up at the first hurdle

 

all the best

 

Leakie

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You might also want to do a bit of digging around your local force and find the contact details of thier professional standards dept.

A two pronged approach will get some reaction, copy the IPCC letter to the professional standards dep't and watch the sudden flurry of activity.

They will do thier best to go for "local resolution", it looks better on thier statistics, whether you choose to accept that is of course entirely a matter for you.

I know what i would do.

Light blue touch paper and retreat a safe distance and wait for the pretty fireworks.

 

I'm in no mood to 'settle' for anything! Bring on the touch paper!

I've been looking up the details of the IPCC and what they can do. You can make a complaint online and luckily, thanks to my CAG online journal, every detail of what happened is logged and date and time stamped!

It seems part of their procedure is to refer the complaint to the Professional Standards Department as a matter of course so I don't think I will have to make a separate complaint :)


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Good luck wannabe

a similar thing happened to my brother, unfortunately he gave up at the first hurdle

 

all the best

 

Leakie

 

I'm sorry for what happened to your brother, trust me I know how bad it feels. But you know what they say; "Don't get mad, get even!"

I've got nothing to lose anymore and everyday I wake up with a renewed conviction to make every one of the involved parties pay substantially for their part in this farce. If my actions can prevent this atrocity happening to someone else then I will not give up! ;)


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Before sending off the letter I wanted to make absolutely sure everything was watertight, I've come across a problem :(

 

On the agreement it states the rate of interest as 7% but APR at 8.9%

 

When working out the interest based on the 7% over 6 years it works out to £2024 which is what is stated on my agreement.

 

I don't know how all of this is supposed to be worked out, please someone help!!!


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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OK,I've reconstructed a letter outlining their contraventions of section 87 and 92. Any advice before I send?? Not sure if should mention the secret commission or not?

Edited by wannabedebtfreesoon

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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