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    • Ok, I've now been up to the parking sit,e and done a drivethrough video recording with 'quick pic' photos taken at the same time, The result isn't great for some photos as there is some blurring, but it saved me risking parking up, or starting and stoping continuously.   As I'm away from home I only have my phone to operate from so the pic resizer and batch PDF I used ended up reordering everything so it is no longer in sequence. Nonetheless it's effectively showing what the site is like, and they are at least current pics. It was easier to 'batch up' all pics so some are probably redundant.   The video is quite large so I'll have to work out a way to shrink or link it.   The first PDF set here is of satnav route showing the roadway I filmed and one of the signs close up Trinity Park drivethru (1).pdf
    • that is our SB defence yes simply copy and paste it into MCOL.   dx  
    • Apologies in advance for the long post... but I’m desperate now.    I stupidly took out a log book loan a while ago thinking it was my best option. After struggling with my finances and a couple of missed payments the vehicle was repossessed. I managed to get the money together to pay my arrears and the £300 or so pounds they added on for the repo and get back on track.    After a couple of months I got a text (well, bombarded with texts) about topping my loan up which, again stupidly, I decided to do. It was actually a second loan running alongside the first.    Again I fell into arrears and the car was repossessed, again adding the £350 or so fee. I took out another loan in order to Pay get the vehicle back.    I have again fallen in to arrears and I have attempted to lodge a complaint with the company, to which they have not really acknowledged and not advised me of the FOS timescales. I took this to the FOS who advised to go back to the company and if I wasn’t satisfied go back to them. I have submitted a further complaint to them this evening.    I believe I have been let down on several points, affordability, granting of a second loan when I had struggled with the first, unfair repo charges, ignoring my attempts to make reasonable repayment proposals, extortionate fees to release my vehicle and pay for the repossession charges, amongst many other issues.    My main problem however is that I have today been contacted by the repo company who have advised they have been to my address on numerous occasions and have not sighted the vehicle. The chap told me today to speak to the lbl company to come up with a solution this week or they would report the car stolen to the police in order to have me arrested and the vehicle seized.    My mental health has taken a hammering over this (it wasn’t great in the first place, hence the reckless financial decisions) and I fear this could push me over the edge. No car, no job, no house. I know I’ve only got myself to blame but any help would be hugely appreciated.   The loan is via bill of sale however I still have the actual log book.    many thanks 
    • use pdfreducer in upload once the multipage file is compiled 
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Series3

series3 v MBNA/Optima

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Good luck for today Series3


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Just back...

I will put a report from today up later.....I have to be elsewhere now.

 

TIP...

Whatever you do...when talking to their sols before going in to the Judge..DO NOT shove a table at them in anger and DO NOT punch them.

 

back later

 

series3


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Just back...

I will put a report from today up later.....I have to be elsewhere now.

 

TIP...

Whatever you do...when talking to their sols before going in to the Judge..DO NOT shove a table at them in anger and DO NOT punch them.

 

back later

 

series3

 

Aggghh, you didnt ???


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

 

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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Just back...

I will put a report from today up later.....I have to be elsewhere now.

 

TIP...

Whatever you do...when talking to their sols before going in to the Judge..DO NOT shove a table at them in anger and DO NOT punch them.

 

back later

 

series3

 

OMG! I so wanted to do that...

 

C'mon, what happened! On t'edge of my seat, here... :)


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

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Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

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Suspence????????????????????????????? or did he not have a leg to stand on (table)?

 

Punch & Judy show??? sounds you may of made your mark, excuse the pun.


:mad2::-x:jaw::sad:

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Just back...

I will put a report from today up later.....I have to be elsewhere now.

 

TIP...

Whatever you do...when talking to their sols before going in to the Judge..DO NOT shove a table at them in anger and DO NOT punch them.

 

back later

 

series3

 

OMG that is a joke right?

 

Suspense is killing me

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Really Sounds like Tabeling a Motion?

 

 

Wonder what was said by solicitor under their breath/out loud? could have a competition whilst awaiting what happened, pity I have to go out for a while?? for a start - Sugar?

Edited by Old Cogger

:mad2::-x:jaw::sad:

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Regarding the Amex case they should not be relying upon a judgement being appealed.

 

Always argue hearsay where the person makes a statement they could not possibly have been witnessed to.

 

"" The claimant avers that CPR PD 17 paragraph 7.3 only requires the original agreement to be produced where it is reasonable to do so. It is not reasonable to require the Claimant to keep original agreements from 2001 due to the sheer volume of paperwork that would be required."

 

You need this:

 

 

 

 

Sounds like you are on the ball with the other things.

 

wrong post sorry

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Series3, where are you? Not in a cell after punching their solicitor I hope?!!!! ;)

 

Hope all went well for you - looking out for your post about what happened.

 

All the best,

CM

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Did someone get a punch?

 

 

 

 

Of course not…lol…what sort of man do you think I am.

Here goes.

I arrived at court with an hour to spare. I took the time I had sitting in the car and had a read through the Amex v Brandon judgement. Half an hour to go. I lit a fag and wandered over to the court house. I have to say that I was very nervous at first.

Went to the waiting room, sat down and started flicking through some notes I printed out.

The claimants rep asked if I was series3 and we shook hands.

It was a young lady, she asked that we go and have a chat, I told her I didn’t want to but would listen to what she had to say.

She didn’t say too much really, just telling me what was going to happen and how she would be reading from the statement made by optima. Also that she didn’t work for MBNA.

After just 5 mins or so the usher came in and said the DJ was ready for us. I was still a little nervous at this point but I was already in the room.

We were introduced and I was asked to sit. He then started by telling her..”before we start I would like to say I have read the supplement statement and in it Mr Optima has asked that the defendants WS be inadmissible as it was late, (posted on the 13th) and only allowed them 4-5 days. I would like to say, it is admissible.” He then asked me about the supplement WS and the WS of Dianne powell, had I read them, I said I had and he asked if I would like an adjournment and needed more time.

I told him that I understood them and as mine was late to them (although I did e-mail them a copy)I was happy with them being allowed.

The nerves seemed to go, I felt totally relaxed. I now knew I hadn’t got a “bad” DJ. Quite the opposite.

He asked her to open.

She started reading from the WS and he was interrupting her, asking her to point out things on the agreement, then questioning her, asking her if she thought it would be better to deal with this at a trial. She was referring to the first WS, then the second WS with a bit from the other WS from powell.

Again he interrupted her, asking her what WS she was reading from.

By this time, I had papers and WS’s all over the place trying to keep up with her. Pen still in hand to make notes but didn’t get a chance to.

After another few paragraphs of the WS he finally stopped her and said. “You have asked for a half hour in court to have me make a decision. I have a pile of papers two inches thick that need to be looked at, you have two WS from mr optima and another from powell. Series 3 has another WS that we have to go through. There is no way we are going to reach a decision in that time.” I will adjourn until I am back at this court, now I have started to hear the application and will let you know when that will be, I have no idea as yet….

He asked me if that was ok and I agreed we had a lot to go through, she asked for wasted costs in case of an adjournment and he sort of smiled and she was told they would be sorted out next time.

He then asked me about costs and I told him I had faxed them yesterday to optima..he asked if the court had a copy, I said no but I have a copy here if you would like it. He declined and told me make sure a copy is also sent to court.

We said our thank you to the DJ and I dragged all my paperwork together bundled it into a folder and left the court room.

Again I and the opposition went into a side room, she asked if I knew what was meant by the DJ. I said that I had understood but was frustrated that I hadn’t been able to say anything. I told her I wanted to interrupt but bit my tongue. She did say that I would have a turn. We shook hands and she said she might see me next time or it may be another sol.

Apart from me getting a coffee (mouth was really dry) on the way out from the court café that’s about it.

I really can’t wait to go back and have my say. I was not looking forward to this experience at all. Bring it on MBNA.

I also now have time to read up and get more organised with my papers, ask more questions here and discuss the main points.

I would like to say thanks for the help so far and stay with me on this for a while longer.

I’m looking forwards to donating my costs here if/when awarded…that’s confidence for you huh?

Series 3.

Edited by Series3
revised version.

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Well done for not punching anyone. The adjournment is not necessarily a bad thing, think of today as practice. I'll have a beer for you now.

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I did. No where near as bad as I thought it would be. I have a DJ who wants to listen.

Now I need something to tell him..


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Today was a practice for the Judge to test the water with you both (that's my experience with the majority of adjournments anyway).

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we did get the half hour but she was only part way through.


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series3,

 

I think you can regard today as a win for you. Maybe not the battle but at least today's round. More importantly, you have had the experience of sitting before the judge in court. That is invaluable as firms like MBNA bank on defendants being so scarred at being in court that they don't explain themselves properly. You will be great at the next hearing.


Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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The good news here is that the Solicitor will report back to them that you are a very willing and able litigant - this is some times enough to force a settlement attempt.

 

If not, you know what to expect next time.

 

Did you say that the Judge reserved the file for themselves? If so, you're on to a winner, there, as they seem like a very 'Good' Judge - and there are some really, really 'bad' Judges out there! :)


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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yes, he will have to find 3 hours the next time he gets to my court. As he had already began to hear it, it would want to carry on. He did ask her alot of questions about what she was saying from the WS and also pointed some things out in the "white book" to her.


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Sounds like you had a good Judge. More importantly you had a test run and did yourself proud. As Car says, it is good news that the Judge has reserved the file at least you will feel comfortable with a familiar face.

 

Well done.


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

 

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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Just back from a camping trip..had a blast.

thought I would have heard something from the court or even Optima but nothing yet.

How long does it take?.


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Subbing...Can't wait for the next installment!

 

Keep the faith series3!!

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