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    • Thanks DX 100   haha i totally  agree with your comment about the page 20    Yes I am awake and been all night w my WS   BUT can I point this very very very impt point please, which I am not sure if it has come to your attention   1. The payment machine and 6 hours and the free parking after 4.30 pm on a Saturday etc....all taken on board.   HOWEVER, and I cant stop myself laughing, this pay machine  he eludes to is based at The Market Shopping Centre Car park , after googling it is in CREWE.  It is not even relevant. They have put in a signage that is not even at the Merry Hill Centre which is in the West Midlands.    The Merry Hill Centre is the one I went to in Dudley, west midlands. All the signages , apart from the one you elude to have the intu Merry Hill logo     The one you refer to is in Crewe. I have never been to Crewe in my life lol so that signage is totally irrelevant    we can play this either way:   1. can take up your line of argument regarding the 6 hours etc. and pretned we are also using the pay machine    OR     2. totally dismiss it as being irrelevant, misleading , wasting the time of everyone by providing irrelevant info. Thats what I have argued in my WS so far. That signage does not belong to inTu Merry Hill            This is akin to someone being on annual leave from work between say 1.10 .2020 and 1.11.2020, and then finding out one of his/her collogues saying,  I saw you leaving work early last week , the 15th of October 2020.   hello !!!, I wasnt even in the country on the 15th of October 2020 !!   essentially thats what the claimant has done . The signage on page 20 doesnt even belong to the shopping centre I went to   I will log out and carry on with th WS     Thanks again       .   
    • Thank you FTMDave. As you can see from the time now I have had a nightmare getting questionnaire answered due to scanner problems, it is up there now though. I do not have proof of breakdown as the alternator was bought from a breakers yard near Chelmsford. I remember it well as they sold me the wrong one on the Saturday and I had to go back in my mechanic friends vehicle on Sunday as I had broken the original alternator getting it off.
    • 1 The date of infringement? 19/12/2019   2 Have you yet appealed to the parking company yet? [Y/N?] No. I did, unfortunately use the MyParkingCharge.co.uk portal to deny liability as the keeper and deny any contract. I mistakenly thought this was where I made a SAR. (I now see looking at the site again that it is actually. https://excel.zatappeal.com ) This was replied to as if it were an appeal.   if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]   has there been a response? yes please AS A PDFFILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]   If you haven't appealed yet - ,.........DONT ! seek advice on your topic first.   have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] Yes. Issue date indicates that if "contravention" date is day 1 then NTK was issued on day 15 so arrived well before day 29. Document received was PCN/NTK in one. (see pdf)   what date is on it Issue date is 02/01/2020   Did the NTK provide photographic evidence? Yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide]   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] NO   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] Suggested appeals could be made via IAS   5 Who is the parking company? VCS   6. where exactly [Carpark name and town] did you park? Broke down on service road of Southend Airport, Southend-On-Sea   please do not put JPG Picture files into your post   .............................   For PCN's received through the post [ANPR camera capture]  (must be received within 14 days from the Incident)   please answer the following questions.   1 Date of the infringement 19/12/2019     2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 02/01/2020.   I recall noting, when it arrived on Saturday 16th Jan 2020 that this was more than 14 days from "offence" date.   [scan up BOTHSIDES as ONE PDF- follow the upload guide] please do not put JPG Picture files into your post   3 Date received 16/01/20   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y/N?] post up your appeal] Not as such. See this entry for PCN above.   Have you had a response? [Y/N?] post it up As above.   7 Who is the parking company? VCS   8. Where exactly [carpark name and town] Broke down on service road of Southend Airport, Southend-On-Sea   For either option, does it say which appeals body they operate under. Initial appeal to be via www.myparkingcharge.co.uk then via IAS   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   If you have received any other correspondence, please mention it here I have subsequently received a Demand for Payment dated 28/02/2020.  outstanding balance £160 Final Demand posted on 16/03/2020         outstanding balance £160 LBC dated 27/03/2020.                                 outstanding balance £160 with estimate of court fees £25 2nd LBC from ELMS legal dated 30/10/2020 listing estimated fees of   Principal debt £160                                                                                                                        Estimated interest £12                                                                                                   Estimated court / hearing fees £50                                                                                                          Estimated solicitors' costs £50                                                                                                                              Estimated total £272   windscreen or ANPR section to your thread and answer the questions... …….... in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY please do not put JPG Picture files into your post   NTK plus .pdf
    • Have done the email address thing. The order specifically states just the applicant ?
    • you are not the applicant but you must: • You must confirm your preferred email address for the invites to be sent too  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **


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Court bundle complete and delivered, application to submit late evidence opposed, hotel room booked, just off to buy my outfit :-)

 

3 days to go......

“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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Court bundle complete and delivered, application to submit late evidence opposed, hotel room booked, just off to buy my outfit :-)

 

3 days to go......

 

Just read all ur posts (took me quite a while) very best of luck really interested in outcome :-)

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Just read all ur posts (took me quite a while) very best of luck really interested in outcome :-)

Thanks so much for your support, it's really appreciated :-)

 

I took a trip down to Worcester the other day and had a look round the Court, it is immense!! I am very nervous but I've come this far and I will see it through to the end no matter what the outcome. I am hoping that being in such a grand Court building with reporters constantly posted outside will ensure that the Judge lottery issue will be minimal!

 

Thanks again to everyone for your support, I couldn't have got this far without it x x x

 

1 day to go........

“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 Wanabe

 

Followed the thread for quite some time now,

Remember when it hit the 1000 post mark, thinking how long is this going to run,

Lets hope you have a positive outcome and make them look foolish.

 

 

Leakie

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Thank you all x

I'm feeling quite overwhelmed by it all at the mo, it just seems so surreal that something that has totally overtaken the past 2 years of my life is finally coming to an end.

Win or lose tomorrow I will know that I couldn't humanly have done any more than I did :-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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Having had a look at all the info that you've published then it would be a sad day for the lady with the scales if you didn't win.

 

A lot of people will be watching (apart from the guests!)

 

DPM

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Well after a gruelling day in court things didn't go my way today :sad:

The judge ruled that Section 92 does not apply to hire purchase agreements??! :???:

 

Hey ho, the High Court beckons...

“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 Wanabe

 

Sorry it did not go your way,

What happens next?

I can see a 100 page thread coming

 

Leakie

I didn't get the result I wanted but the Judge was very keen to wash his hands of it and get off home. He made several suggestive remarks along the lines of "raising that point elsewhere" and "this is a County Court, a higher Court may overturn my decision", almost inferring that this case would not end here today, and I believe that will be the only way this will get resolved. In fact it was the Judge himself that bought up the issue of an appeal, and despite his comments to the contrary, I very much got the impression he was encouraging me to do it almost putting words in my mouth :shock:

 

I am actually not too concerned about today's result as a lot of very beneficial stuff came out of it :madgrin:

 

It was proved beyond doubt that they entered my premises without my consent and repossessed the car, the only issue remaining now is the Judge's interpretation of Section 92 and whether it applies to HP agreements. It clearly does and is easily provable!

“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 wanabe

thanks for letting us know some of the details

at least the judge was sort of on your side

may be it is a good thing it's going to the high court,

I will keep following to the end

 

Good luck for round 2

 

Leakie

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Thank you 8-) I could go on indefinitely about the details!

 

In fairness to the judge, it was listed for a 1 day trial and I suppose it was his duty that it was concluded one way or another within one day. As it happens it already went on past 4.30 even though the court closes at 4! If he had gone on to find in my favour, the subsequent findings, decisions and judgement may well have gone on for at least another hour.

“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 wanabe

at least youdid not lose the case.

and can fight another day

I will follow and support you to the end

I am not in the same positon as you

i have problems with Council tax and baliffs

but it is people like you that gives me stength to fight to the end

This is what CAG is about 1 person but many friends,and alot of support

if I did not get the support I would have given up a long time ago,thanks to people like Ploddertom and Rae

We share experiences and learn from each other, this is the great part of CAG

long may it continue.

 

All the best

 

Leakie

 

PS I have been following your blog

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and the same absolutely goes for me, if I didn't have the support of CAG I may well have given up in favour of the easy life a long time ago!

 

Long live CAG :lol:

“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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OMG I have been reading your thread all day and think you are inspirational!!!! My eyes are stinging now but may I wish you all the best in your ongoing battle and this has certainly pushed me into getting my loan agreement (god why oh why did we ever take it out) out and having a proper route through it.

 

Keep up the fight Wannabe ............... as a certain jedi knight would say "the force is with you!" x

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90.—(1) At any time when—

(a) the debtor is in breach of a regulated hire-purchase or a regulated conditional

sale agreement relating to goods, and

(b) the debtor has paid to the creditor one-third or more of the total price of the

goods, and

© the property in the goods remains in the creditor,

the creditor is not entitled to recover possession of the goods from the debtor except

on an order of the court.

(2) Where under a hire-purchase or conditional sale agreement the creditor is required

to carry out any installation and the agreement specifies, as part of the total price, the

amount to be paid in respect of the installation (the " installation charge") the

reference in subsection (l!(b) to one third of the total price shall be construed as a

reference to the aggregate of the installation charge and one third of the remainder of

the total price.

 

(3) In a case where—

(a) subsection (l)(a) is satisfied, but not subsection (l)(b), and

(b) subsection (l)(b) was satisfied on a previous occasion in relation to an

earlier agreement, being a regulated hire-purchase or regulated conditional sale

agreement, between the same parties, and relating to any of the goods

comprised in the later agreement (whether or not other goods were also

included), subsection (1) shall apply to the later agreement with the omission

of paragraph (b).

(4) If the later agreement is a modifying agreement, subsection (3) shall apply

with the substitution, for the second reference to the later agreement, of a reference to

the modifying agreement.

(5) Subsection (1) shall not apply, or shall cease to apply, to an agreement if the debtor

has terminated, or terminates, the agreement.

(6) Where subsection (1) applies to an agreement at the death of the debtor, it

shall continue to apply (in relation to the possessor of the goods) until the grant of

probate or administration, or (in Scotland) confirmation (on which the personal

representative would fall to be treated as the debtor).

(7) Goods falling within this section are in this Act referred to as " protected goods".

91. If goods are recovered by the creditor in contravention of section 90 (a) the

regulated agreement, if not previous terminated, shall terminate, and (b) the debtor

shall be released from all liability under the agreement, and shall be entitled to recover

from the creditor all sums paid by the debtor under the agreement.

92.—(1) Except under an order of the court, the creditor or owner shall not be entitled

to enter any premises to take possession of goods subject to a regulated hire-purchase

agreement, regulated conditional sale agreement or regulated consumer hire

agreement.

(2) At any time when the debtor is in breach of a regulated conditional sale

agreement relating to land, the creditor is entitled to recover possession of the land

from the debtor, or any person claiming under him, on an order of the court only.

(3) An entry in contravention of subsection (1) or (2) is actionable as a breach of

statutory duty.

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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THIS IS SECTION 92

 

2 Recovery of possession of goods or land

(1) Except under an order of the court, the creditor or owner shall not be entitled to enter any premises to take possession of goods subject to a regulated hire-purchase agreement, regulated conditional sale agreement or regulated consumer hire agreement.

(2) At any time when the debtor is in breach of a regulated conditional sale agreement relating to land, the creditor is entitled to recover possession of the land from the debtor, or any person claiming under him, on an order of the court only.

(3) An entry in contravention of subsection (1) or (2) is actionable as a breach of statutory duty.

HOW THE HELL CAN A JUDGE SAY SECTION 92 DOES NOT APPLY TO HIRE PURCHASE AGREEMENTS, ITS HERE IN BLACK AND WHITE

DID HE GIVE ANY EXPLANATIONS AS TO HIS REASONING

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Having slept on it I am totally incensed this morning :-x

 

I have gone over it a thousand times in my head, his exact words were 'the goods were not protected and this was not a chattel mortgage so no court order was needed' WTF????

 

The secret commission issue was another mysterious debacle! Even though I could show evidence that commission of over 30% was paid for the PPI he still ruled that only 2% commission was paid, (based on their verbal evidence alone), and that wasn't enough to make any real difference to anything, despite the fact that it was a secret!!

 

The more I think about it the more convinced I am the judge made deliberate mistakes just so it would go to the High Court and he didn't have to deal with it.

 

Even their barrister was shocked when the judge gave his verdict, as just a few minutes earlier he was practically saying we know we messed up on S92 but please be lenient with us when making an order under S140.

 

The judge went to great lengths to prove that they entered my premises and repossessed the car but then failed to rule on it in accordance with statute??!!! Strangely, in summing up, he put great emphasis on the fact that the car was in my 'possession' at the time and even drew our attention to the word 'possession', its all so bizarre I can barely believe it.

 

The only place for this case has to be the High Court.

“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've been following your exploits for sometime, on behalf of all of us,

 

Thank you, to your husband who has supported, to your family and friends who were there for you.

 

You remind us all that when things are dark and overpowering that the needs of the one are answered by the many. Together we can and do move mountains.

 

Best wishes

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