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    • It's solved Laura.  It's in the paragraph I've highlighted here in the attachment from the IAS. Plus look at page 28 of the PDF of Bank's WS.  There is written - 157 IPS 29/04/2022 12:52 29/04/2022 14:52 YE60PZA 158 IPS 29/04/2022 12:51 29/04/2022 14:51 YE60PZA - there are the two payments. One is for the elderly woman's car. One is for your son's, but with the wrong registration. When I get a second this evening I'll add the exhibits to the WS and it will be finished. IAS adjudicator's report.pdf
    • Speeding "tickets" are not like parking tickets. They cannot be appealed.  No you won't get one of them cancelled. They were two days apart and so will be treated as separate offences. If your speed was 53mph or below you will be offered a course for one of them (cost of about £100 but no points). For the other you will be offered a fixed penalty (£100 and three points). If you want to decline either of those offers the alternative is prosecution in court, where the financial penalty will be considerably higher. Make sure you respond to the "requests for driver's details" within the 28 days allowed. Failure to do so will see you commit a more serious offence which carries a hefty fine, six points, and an endorsement code which will see your insurance premiums double. Also make sure you submit your driving licence details if you accept a fixed penalty.
    • So if I've understood correctly, you had a meeting with a company who employ PPM to manage their car park, but PPM gave you a ticket and the company refuse to get it cancelled.  Eh???!!! You are being somewhat secretive with the details and it would help us to give correct advice if you would be crystal clear about the story.  Who did you have the meeting with?  What is their address?  Why do you think it was them who called in PPM?  Were you informed about the matter of the permit by this company?  Etc.
    • What a disgraceful shirking of responsibility.  Par for the course though I'm afraid with Iceland. You could get nasty and send them a version of the below (you know the local area so change what needs to be changed). Unfortunately the people who are replying are having to comply with the company policy which is being foisted on them - which is not to cancel tickets. But you might as well send the mail and try.   Dear Cissy, thank you for today's mail. Of course you are "able" to cancel the charge, you simply contact Excel and tell them to cancel the charge. I will wait for exactly 24 hours and then contact the local newspaper XXXXX and the local radio station XXXXX about Iceland's disgraceful disability discrimination.  Nothing much happens in Gravesend so I'm sure both will be happy to do a piece which will generate terrible publicity for your store and drive away customers, which is exactly what you deserve. Yours, XXXXX 
    • You are absolutely right to be cautious. It would be helpful if you will be prepared to send me a private message containing details of the outlet and the address et cetera. It might help me to get things more into perspective. So I understand that you had a business selling your husband's photographs. You were unable to continue your direct involvement and so you made an arrangement with a manager who you trusted to carry on the business for you while you were recovering elsewhere in the country. Is this correct? This manager has possession of all the files of your husband's photographs. Is this correct? Do you have any copies of the files? You made a reference to having a Co-op. Does that mean that you are running a Co-op supermarket or groceries outlet? I don't quite understand here. In terms of the possibility of continuing the arrangement with this manager – my own view is that you need to bring the arrangement to an end and I don't see how you could trust them. As far as I can see you are asking about two issues. Making sure that the files in the manager's position are destroyed so that you regain control of the photographs. Obtaining some damages for the loss of revenue. How many photographs do you believe are in his possession? What you estimate is your loss of revenue so far – probably calculated on your average revenue over, say, the five years before you stopped your involvement in the business? You are talking here not only about a breach of contract. You are talking also about breach of copyright and frankly you're also talking about deliberate copyright infringement – which is a criminal offence. Also fraud. Additionally, if you begin the dispute with this person, I would say that they will probably leave immediately. Have you got somebody else to run the business or would that be the moment that the whole thing collapses? If it is the latter, then this is something else that you need to prepare – somebody to take over as seamlessly as possible   Also, do you know the address of this person – and do they own their own home or any other assets?  
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Yet ANOTHER hearing - 16/6/10 - Cl Finance/Howard Cohen **Discontinued**


Martel
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Guest Mrs Hobbit

Martel, you should be drawing regular attendance money. Joking aside, I hope things are better for you today. Soft hugs

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Martel, you should be drawing regular attendance money. Joking aside, I hope things are better for you today. Soft hugs

 

 

Haha...I actually made £65 today!

 

More in a min.....MXXX

 

PS thanks for the hugs!

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Sorry its getting late, have they supplied a copy of your credit agreement that contains Clause 7.

I mention this, because HC are renowned for including this clause in all of there POC, even when they don't have an agreement to refer to, they still keep putting it in. It basically invalidates the claim because they cannot produce the agreement that they refer to & rely upon to enforce the claim.

 

Debs

 

and from Middenmiss:

 

T & C's

 

18.

18.1 Agreement will terminate automatically on termination of your present employment.....

 

 

 

Hilarious day at court (where I am now greeted by name by staff).

 

These two points above really put the cat amongst the pigeons today so thank you Debbbbsy and Middenmiss! I was clearly channeling you both today!

 

V young, earnest sol from H Cohen, only instructed re Summary Hearing - the Order had not been read in its entirety. Basically, it said if the SJ was unsuccessful, the court would proceed to determine the claim.

 

DJ unhappy that sol has been badly instructed and is unprepared. DJ agrees to give him some time to get necessary docs and WS statements faxed over.

Before he does this, I raise the point re APR mentioned on the POCs, referring to 'clause 7'. DJ amends my Amended Defence to include this point.

 

Sol reads from T&Cs that don't match mine and/or DJ's. It appears that there were different T&Cs in the original WS (Jan 08) and that THAT clause 7 DOES endorse the APR on the POCs. However, after the last hearing (May 08), H Cohen sent to court and myself better photocopied T&Cs we've always referred to (no appropriate Clause 7) - DJ requests confirmation faxed over as to which T&Cs relate to my agreement.

 

Back to the reception area, now teeming with all sorts of bolshy litigants and brewing dramas. H Cohen sol desperate on the phone to his office, enduring abuse from uncooperative usher, etc, goes on for hours - almost comic in its intensity and faxing calamities.

 

With faxed docs, we now return to DJ. Faxed docs now include TWO T&Cs - one from the original WS and.....and an entirely different set of T&Cs. Sol says they are identical (i.e., they include clause 7 that validate the APR claim on POCs)........BUT one has Clause 18.1 and one doesn't.

 

We now have three different sets of T&Cs in front of us.

 

Sol's feeble attempt to continue to SJ is declined. DJ adjourns hearing, instructing sol to determine the correct T&Cs and prove it (tho I'm sure the word 'reconstruction' will be bandied about). DJ Does request original agreement be brought to court, if poss. Court date set for September.

 

I am awarded £65 costs. My request for costs matching the barrister's costs on my two previous hearings this week is turned down. DJ cracks a smile.

 

On the way out, freaked out young sol expresses hope that he doesn't have to attend the next hearing (DJ gave him a pretty hard time). I feel sorry for him - but say he should really look at the Skeletal Argument, specifically re the DN. I tell him there's no wiggle room here and he agrees.

 

This is the third CL Finance claim I've had. H Cohen withdrew the first two after initial hearings.

 

Wonder what will happen this time?

 

HUGE thanks to all and enormous special mention to Debbbbsy and Middemiss!!

 

Now onto the other immediate questions....e.g., to N460 or not to N460 my losing hearings of the last few days....has anyone ever ben able to access legal insurance on their buildings insurance policy for anything like this???

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"On the way out, freaked out young sol expresses hope that he doesn't have to attend the next hearing (DJ gave him a pretty hard time). I feel sorry for him - but say he should really look at the Skeletal Argument, specifically re the DN. I tell him there's no wiggle room here and he agrees."

 

Luvvly Jubbly!

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Re: claiming on buildings insurance.

The event has to have happened, after the policy had been issued.

 

Ah! Do you mean when the agreement is dated or date of default/termination or date of Claim?

 

Also, do you happen to know if you're covered if you haven't issued the Claim and if an N460 is considered a new claim or how it's defined?

 

Have had the same policy for awhile.

 

Thanks!

MX

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Ah! Do you mean when the agreement is dated or date of default/termination or date of Claim?

 

Also, do you happen to know if you're covered if you haven't issued the Claim and if an N460 is considered a new claim or how it's defined?

 

Have had the same policy for awhile.

 

Thanks!

MX

 

My understanding is, it is before one entered into the agreement.

Check with your insurer.

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Guest Mrs Hobbit

Now that is what the CFC call a bad/sad gig for the solicitor. We've had when they have not been instructed correctly and not expecting a spanner in the works. You are also teaching the DJ along the way. Maybe next time he/she will realise you do your homework and are not so silly. I would also raise the question of the fiasco of the last hearing and the court staff not getting the paper to the Judge in time.

 

I like your expenses of £65.00. Now will they get the orginal agreement? Shall we run a book on this?

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Martel,

 

just to let you know that on the last PDF you attached you can clearly see all of your personal details and agreement numbers etc.... Just thought I would let you know.

 

De Bilde, thank you for letting me know. I'm sort of at my wit's end re editing attachments - I've tried blocking them with opaque paper and eliminating my details with indelible ink....I guess the only true way of doing it is to physically cut out the details.

 

I've edited the attachment out, buy am unable to verify it's now been deleted (think I will always be able to access it as it's downloaded on my computer).

 

Huge thanks, again!!

 

Martel

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Yes you can do, then you can add the others using the edit function or as separate posts if you like.

 

Cerberus, I'm so sorry to bother you but could you make sure all my attachments on this thread are eliminated? no matter what I do to block personal info - opaque paper, indelible ink - doesn't do the trick. and, I'm not sure if my editing of the said posts has been effective.

 

Sorry - I'll get the hang of it eventually. MXX

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Now that is what the CFC call a bad/sad gig for the solicitor. We've had when they have not been instructed correctly and not expecting a spanner in the works. You are also teaching the DJ along the way. Maybe next time he/she will realise you do your homework and are not so silly. I would also raise the question of the fiasco of the last hearing and the court staff not getting the paper to the Judge in time.

 

I like your expenses of £65.00. Now will they get the orginal agreement? Shall we run a book on this?

 

Mrs H, so sorry, just saw your post......

 

Am not entirely sure what the DJ thinks of me, is rather enigmatic. DJ did take over an hour to write up previous hearing's Order. Drove boring, charmfree barrister crazy - he thought it would be a 5 minute hearing and it turned out to be an all day affair (I get minor satisfaction there). AND he was forced to exchange pleasantries with dull sol ALL DAY.

 

Am waiting to hear back from your barristers but I think financing the N460 (and the meter is ticking - less than 2 weeks for the first hearing and 21 days as of Monday for the second) is not an option. I can only do it if it's DA or CFA (whichever acronym translates into 'I can't pay'). I do think I have a strong case just in terms of sloppy court procedure prejudicing my chances of adjournment and fair hearing. Grrr......

 

Thanks for all your fab advice, MXX

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I've deleted a couple of urls and unapproved the attachments which means although they are still there no-one can download them.

 

If you want to delete them click the 'edit' button in the post and then 'manage files' then you can delete them manually. ;)

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I've deleted a couple of urls and unapproved the attachments which means although they are still there no-one can download them.

 

If you want to delete them click the 'edit' button in the post and then 'manage files' then you can delete them manually. ;)

 

Cerberus, I truly hope I'm not trying your patience. I did do an edit, but am never convinced it's been effective. I think i must be the only person without Xray eyes. From now on, I will be cutting out the relevant info!!

 

Huge thanks!!

 

MX

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Hi Martel--to edit/block out lines of text etc.,just open up your image in the Windows Program 'Paint'

[start-All programs-Accessories-Paint]

have a quick read of help and then off you go.Within a few minutes you'll be able to block out anything!:)

 

odovki19op.jpg

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Hi Martel--to edit/block out lines of text etc.,just open up your image in the Windows Program 'Paint'

[start-All programs-Accessories-Paint]

have a quick read of help and then off you go.Within a few minutes you'll be able to block out anything!:)

 

odovki19op.jpg

 

ooohhh...thanks to you and Cerberus! I will play around with 'paint' and see what I can do.....I resorted to old fashioned censorship because time was of the essence (and I am a technical idiot).

 

BTW, Midd.....you're eagle eyed spotting of Cl 18.1 totally stalled proceedings today.....incredible that such an apparently anodyne term could scupper the hearing today. I so owe you one!!

 

 

MXX

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  • 3 weeks later...

A happy ending....today I rec'd a Notice of Discontinuance.

 

Fini!!

 

The Defence hinged on a flawed DN. And the claimant's sol wasn't helped by the fact he managed to produce THREE T&Cs in court.

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What was it that Freddy used to sing?.... Oh yes, "Another one bites the dust". :D

 

Cerberus, that did make me laugh!! First time in ages!!

 

I've also defeated two other CL Finance claims (not on this forum, tho) - just thought I'd mention it because they seem to back off after a day or two in court. My advice is to stand your ground, MX

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