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    • The important thing to know is that MET - although they will send you threat after threat about how they will divert a drone from Ukraine and make it fall on your home - hardly ever do court. Even in the very small number of cases where they send court papers, if the Cagger defends, they drop the matter before the hearing.  They have no real intention of putting their rubbish claim before a judge.  The aim is to find motorists who are terrified of the idea of going to court and who will give in when the court papers arrive. Thanks for doing the sticky and well done on finding F18's thread.  Do what they did.  On the first page - I think post 19 - there is the address of the CEO of BP.  Write to them, lay it on thick about being genuine customers in the various premises, mention the small kids, the very short stay time, attach any proof of purchase - and request that they get the invoice cancelled.
    • Thank you for that, I have obviously already been convicted so I think the appeal lodged is for the previous offence? Sorry if that doesn’t make sense. I suppose my only concern is that weds I go there and they don’t let a stat dec happen. If they do then as you say and solicitor says it’s highly likely I’ll be happy with the outcome. But I’m being told there’s no guarantee for the stat dec to be hard Weds as that’s not what the hearing is proposed for. Solicitor has stated that you can put a stat dec before a magistrates at any time so it shouldn’t be a problem.   
    • I re-read the extract from your  solicitor's letter this morning and think I might understand what they have in mind. I believe (and it’s only a guess) their strategy is this: 1.    You will make your SD 2.    You will enter fresh pleas to the four charges (not guilty) but will offer to plead guilty to speeding on the understanding that the FtP charges are dropped. 3.    If this is accepted they will attempt to argue that the two offences were committed “on the same occasion” 4.    You will be sentenced for those two offences (the sentence depending on whether the “same occasion” argument succeeds). They also have a plan in the event that your offer at (2) is unsuccessful and you are convicted again of the 2xFtP charges (and so face disqualification under “totting up”): 5.    They will make an “exceptional hardship” argument to avoid a ban. 6.    If that is unsuccessful they have already lodged an appeal in the Crown Court against that decision. (This is the only “appeal” I can think of). 7.    They plan to ask the court to suspend your ban pending that appeal. If I’m correct, I’m surprised the Crown Court has agreed to accept a speculative appeal (against something that hasn’t happened). The solicitor says this is to lodge it within the normal timescales. But you will have 21 days from the date of your conviction (which will be next Wednesday) to lodge an appeal with the Crown Court, so there is no need for a speculative appeal. I have to say that an application to have your ban suspended pending an appeal is unlikely to succeed. The Magistrates Court is unlikely to agree to it for one very good reason: if they make such an order (suspending your ban until your appeal is heard), all you need to do is not to pursue the appeal and the Magistrates order suspending your ban will remain in place. Hey Presto! No ban and no need for you to trouble with an appeal. Perhaps he will ask for your ban to be suspended for (say) three months or until your appeal is heard (whichever occurs first). This potentially creates a problem because if your appeal is not heard in that time either your ban will kick in or you will have o go back to court to get the suspension extended. But the solicitor obviously knows more about these things than I do. I would want to be very clear about this solicitor’s fees and what he proposes to charge you for. As I said, there is absolutely no need to lodge an appeal with the Crown Court. That can be done if and when it becomes required. But I am still firmly of the opinion that it is overwhelmingly likely that you will not need to progress beyond point 2 above. Point 3 is optional and I don’t know whether he solicitor has made It clear to you that the only thing you will avoid in the event of success is three penalty points. You will still be fined for the second offence and your driving record will still be endorsed with the details, but no penalty points will be imposed. Do let us know how it goes.  
    • I'm really trying, but worst case I can't find what are my options?
    • John Lewis' Privacy Notice states that their CCTV Systems does not use facial recognition or collect biometric data - so I assume it should be fine?    Thank you a lot for your reply. I've scheduled my first therapy session ne t week. Really the time to turn my life around..
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Help Cout date and CCJ with charging order!!!


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Are the sums correct (can't remember)? Are there any charges? Does the amopunt agree with any on statements?

 

On both my MBNA (above) and the Barclays, they ask for one sum, then send a final letter after the DN, asking for different amount. In the case of the MBNA, they cut the amount by half on the Final letter. I have requested the SAR on both so we shall see what comes back. As an aside, I have accepted their unlawful recission and requested the totals as well. Since on both DN's they have Terminated the account, and the dates are incorrect. Even on 1st class post, they have not allowed the prescribed time to remedy............:D.........so they can only claim the arrears of about £3000 and not the £54000 that was originally requested! And even then they have to prove that the arrears are corrrect!:lol:

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can anyone explain to me 'If a default notice is served 'eithir correctly or incorrectly.

At what stage,or how long afterwards will the company officially terminatethe contract so that payments will no longer be accepted.

 

There is no standard unfortunately some take days some weeks some months and some never.

G

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I Am Really Confused Reading All This,... Once A Default Notice Is Issued .... What Are The Regulations For The Termination Notice. Or Is It Automatic On Being Taken Court Date

There is no obligation on the creditor to terminate at all if they choose not to. If the DN they have supplied is faulty one has to sit quietly and hope they do default. If they do not default they can issue another DN which may be correct. Once they have issued a termination with only the faulty default to rely on you will then only be liable for the arrears at the time of the issue of that DN. I trust that helps clear your confusion.

G

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Thanks Gallahad ...and well, thats good news then for me I Think .... ..apart from one small point I continued to make reduced payments using bank giro slips as I was blocked from making payments on line. I didnt quite understand that when they consolidate the debt they closed the account. This consumer credit law is quite complex, and so many details to get ones head around. I have to confess the last few weeks have been an education. Thanks to you well informed people

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Thanks Gallahad ...and well, thats good news then for me I Think .... ..apart from one small point I continued to make reduced payments using bank giro slips as I was blocked from making payments on line. I didnt quite understand that when they consolidate the debt they closed the account. This consumer credit law is quite complex, and so many details to get ones head around. I have to confess the last few weeks have been an education. Thanks to you well informed people

 

You are welcome and do try to relax a little now if you can think of it as a game of tennis and for a while at least the ball is in there court.

If I have been of assistance you may wish to tip my scales.

G

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mumdoc1.jpghi Gallahad I am not great at the 'posting up' but hope its right. and I did do it before on another thread in the consumer forum. so again hope it shows up correctly . thanks again

 

mumdoc2.jpg

Imageshack - mumdoc1.jpg

 

Imageshack - mumdoc2.jpg

 

When did you actually receive the DN and did you keep the envelope?

On the face of it the DN does not look to be faulty to me but there are others on here who are more knowledgable and may find something I have missed.

Have they terminated the account?

G

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I would check around, but according to my date calculations they are short on days to rectify. Also the statutory wording should be DO NOT they used DO NOT but I am not sure if this is a big enough thing to make a point. Also check the sum claimed, make sure the T&Cs allow them to include charges etc - if the amount claimed is incorrect it will be another point in your favour

 

NTTF

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Upon looking at the dates it would be deemed ineffective.

 

If the DN was posted on the day it was produced ( as a Court would do) then it would be deemed served 2 dyas later if posted by 1st Class or 4 days later if posted using 2nd Class.

 

If 1st class was used then it would be deemed served on Friday 26th June 2009 and you would have 14 days to pay (or remedy) the outstanding arrears which would be Friday 10th July 2009 not the 9th July as stated.

 

If 2nd class was used then it would be deemed served on Sunday 28th June 2009 and a remedy date of Sunday 12th July 2009.

 

Have a look at the link below for a more in depth look at defective DN's -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

 

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BUMP:D

 

not sure if you are also disputing the validity of the agreement so you would write and point out that due to their unlawful rescission , which you have accepted, would they kindly advise you of the amount of arrears that were outstanding at the time that the alleged agreement was unlawfully terminated, against which, and assuming that the agreement was a properly executed and/or legally enforceable agreement you may have a counterclaim for their unlawful rescission

 

the beauty is that they will NOT supply you with the figure because they will not accept that they unlawfully terminated- thus you cannot be expected to pay the arrears until

 

a/ you know what they are

 

b/ that your possible counter claim does not exceed the arrears

 

c/ that there is in any case a legally enforceable agreement to pay arrears to

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Well thats pretty impressive alright !! Thanks so much !! should I send them a letter soon as I am still waiting to hear back regarding my CPR 31.14 request.

do u think that I have done myself any damage by making the token payments after the account was closed ? Thia worries me a bit

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Upon looking at the dates it would be deemed ineffective.

 

If the DN was posted on the day it was produced ( as a Court would do) then it would be deemed served 2 dyas later if posted by 1st Class or 4 days later if posted using 2nd Class.

 

If 1st class was used then it would be deemed served on Friday 26th June 2009 and you would have 14 days to pay (or remedy) the outstanding arrears which would be Friday 10th July 2009 not the 9th July as stated.

 

If 2nd class was used then it would be deemed served on Sunday 28th June 2009 and a remedy date of Sunday 12th July 2009.

 

Is it not Tue 30th June 2009, as weekends do not count for postage, service of documents?

 

Have a look at the link below for a more in depth look at defective DN's -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

 

Perhaps DD can confirm this

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Well thats pretty impressive alright !! Thanks so much !! should I send them a letter soon as I am still waiting to hear back regarding my CPR 31.14 request.

do u think that I have done myself any damage by making the token payments after the account was closed ? Thia worries me a bit

 

no not reallly - the truth is you paid in ignorance- now you know you stop paying

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I do feel when relying on inaccurate default notices it is important to submit a witness statement to court as well. That way the judge is guided to how the documents were processed incorrectly and how it disadvantaged you.

 

i.e.

 

They didn't allow enough time for remedy

 

My uncle reg offered to pay this for me but couldn't withdraw the money until Friday. If only they had allowed more time we wouldn't be in court now.

 

I wouldn't feel confident going to court merely on a point of law.

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Hi everyone.

 

I have sent letters to Barclays and to MBNA telling them to send me the total amount for the arrears, as they have terminated my agreement with them and they did so on the back of Dodgy Default Notices...i.e. they didn't allow enough time to remedy! I have just got a letter back from Barclays stating that they do not agree to the above and cited the dates to me once again.....which was still short even by First Class.

 

How should I respond to this? Should I send to them in detail how they have failed and come up short on there Default Notice? I basically used a template from this site to state that the Default Notice was incorrect. I am also aware that the Credit Agreement with the bank is real dodgy as well.

 

How should I move forward with this?

 

Many Thanks for all your help

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I hope they terminated. If they did you can give them a blow by blow account of why your DN was unlawful. I wouldn't have told them anything about claiming arrears. if they want to claim them, they can ask for them. I don't believe in doing their work for them.

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I hope they terminated. If they did you can give them a blow by blow account of why your DN was unlawful. I wouldn't have told them anything about claiming arrears. if they want to claim them, they can ask for them. I don't believe in doing their work for them.

 

This is what they said on the DN;

http://i827.photobucket.com/albums/zz199/Worsteve/DefaultNotice001mod.jpg

 

See what you think! ;)

 

Have a beautiful Day!!

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