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    • Hello All   I will outline the my case here but I emphasise that it has reached the hearing stage etc... and a date has been set   Unfortunately, I had asked the advice of a private company , which may be known to many, who deals with parking appeals, pay them £20 for them to disappear and thats why Ive reached this stage. They did write a template defense for me after so many emails but am unable to contact them so have to deal with this myself.     Case:   I had parked on a multicar park at a large shopping  ( i dont want to name it  as dont want to be identified)  almost 2 years ago.   The parking company (XXXXXk) , using ANRP sent me  the usual NTK asking for the fee of £90. I did not appeal at the time. I contacted the appealing company who apparently , just for £20 would be willing to assist me. They said if it does to court then they will need another fee which I agreed to.   Reason for alleged contravention- overstaying more than 4 hours ( they allege it was a few hours more) with an entry and exit time on the ANPR photos    The case went to one of the debt recovery firms. who added another 50 to the 'alleged fine' .etc.    The parking company did all the usual, and eventually I received a Claim form from the CCBC. This was acknowledged.   I replied with a 35 paragraph defense drafted by the ' appealing parking company' .   This was emailed to the court email address CCBCAQ@Justice.gov.uk   The parking company decided to proceed with small claims court ( 100 'fine', 50 damages, + court fees/interest/legal fees).      Their legal team has now emailed me the bundle they have sent to the hearing court in  my city.   Within the bundle, is included a copy of the notice of allocation to small claims track ( hearing). The date of this was before Christmas. The notice gives a date and time of the hearing   I never received this by post. I have only found out because the bundle that the claimant has sent me has a copy of it.   In the notice of allocation it states that by 18th January defendant must send to the court and claimant copies of all documents he intends to rely on.   By 1st Feb, claimant and defendant must send to  the court and each other their witness statement that they will rely on in the final hearing .       Before going into the actual substance of the defense, I have some questions about this forms   1. I havent received a copy of the notice of allocation by the post. My post is redirected to a relative and they assure me they havent received it. I only found out today about it,  as part of the bundle that the claimant emailed me. This leaves me with really no realistic chance of responding by the deadline of 18th Jan. Any advice. Again I reiterate that because of covid and mail redirection, that is very likely to be the cause of my relative yet not receiving this document by post.   Furthermore , in the  defense that had been submitted previously, it was made clear that according to the CPR PD6, I give no consent to being served by electronic means yet the legal team of the claimant has emailed me the documents.      2. I had already filed a defense  previously as drafted  by the appealing private company , so Im not sure whether i need to file another witness statement again, albeit this would be to the local court to which the hearing has been allocated to. Would the initial defense submitted at an earlier not be the same ? or do I now have a chance of writing a new one because the claimant has now filed their witness statement and all their evidence so I can be more specific in tis defense.   Before really divulging in the details can I please have some constructive comments/advice as to whether I need to submit a new defense , and whether the one summitted earlier to the Northampton courts would have now reached the local court where the hearing woill occur. Also, where do I stand with the deadline of next Monday which i wont meet given that I wasnt aware of this at all neither by electronic mail notification or redirected post.   Thankyou              
    • I just completed this quiz. My Score 87/100 My Time 153 seconds  
    • i can't see one.. nearly all the irresponsible lending advice/guides i've seen and the letter they sent back would have told you what to do going forward, i'e the FOS... so i can't see how you can say you didn't know what to do.
    • ASG are a terrible company regardless, but no i don't think you have any recourse toward them no unless yo can prove fault with the boiler  which is now 10yrs ols and well outside any guarantee i expect, even with the manufacturer?   has the boiler been regularly serviced etc etc, looks like your contacted ASG after it started leaking and they advised a power flush for a leak? then  an eng said that was what has caused it?   can you clarify your story please  
    • Home repossessions are extended until end of April but the ban on vehicle repossessions ends on 31st January. 
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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

Default damages [PCWorld wrong laptop sold & HFC Finance]- Supreme Court


Please note that this topic has not had any new posts for the last 2480 days.

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OK folks. The time has come. If any of you believe that me winning in the Supreme Court will help you please e-mail Frances McCartney at

 

Email address removed

 

She's really interested in your story!

 

We're in the process of applying for legal aid using the "wider public interest" approach.

 

If you have an idea of the numbers of people affected by wrongful defaults in the UK, you can really help here. Please also recommend any bodies I should write to for this kind of statistic. I'll be asking Martin Lewis for example.

 

I'm guessing at least tens of thousands but have no proof.

 

Cheers,

 

Richard.

Edited by the_shadow
Removed email address, awaiting clarification ok to post it as breaches site rules
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Post unapproved for the present, just checking ok to post the email address.

 

S.

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Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Post unapproved for the present, just checking ok to post the email address.

 

S.

 

No worries. I suppose you could contact Frances on it to confirm. She said that it would be OK. She needs someone "official" to give the legal aid board a good estimate on the number of people who'd benefit from a successful appeal in the Supreme Court. Of course, it would be pretty much everybody. The banks ransom technique will be brought to an end.

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Hi D

Happy new year. Great to see you're still pressing on. Let's know if there's anything you need from us, including spreading the word far and wide to move things forward.

 

Best

Btm

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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No worries. I suppose you could contact Frances on it to confirm. She said that it would be OK. She needs someone "official" to give the legal aid board a good estimate on the number of people who'd benefit from a successful appeal in the Supreme Court. Of course, it would be pretty much everybody. The banks ransom technique will be brought to an end.

 

Shadow, have you been in touch with Frances? This is pretty important. It's not often a consumer complaint has a chance to be heard in the Supreme Court. I need all the help I can get. I've a meeting next week with the advocates.

 

Richard

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Shadow, have you been in touch with Frances? This is pretty important. It's not often a consumer complaint has a chance to be heard in the Supreme Court. I need all the help I can get. I've a meeting next week with the advocates.

 

Richard

 

Hi Richard, I flagged this up to admin as its a breach of the forum rules to post email addresses up esp. for commercial companies. I've yet to have a response so will chase.

 

What I will do is approve the post but minus the email address, I'm afraid thus is the best I can do at present.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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... please e-mail Frances McCartney at

 

Email address removed

....

Richard.

Hi Richard, heads up please on who she is and what she'll do when contacted?

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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Frances is our saviour! She's responsible for me getting legal aid on a wider public interest basis for the Supreme Court. She'll be submitting all stories about how the default annihilates people's financial standing and lives respectively. She needs experts to quantify the numbers affected to the board. Just because I guess tens of thousands, doesn't actually mean there are tens of thousands. It may be just me or it could be millions. Now's the time to speak up. Through this case, others will benefit and the banks will finally be brought to justice. The advocates are confident. While the site team sort out the e-mail address issue, perhaps folk who are willing to contribute could PM me and I'll forward it on to Frances.

Cheers,

Richard.

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Thanks D. So she's a potential saviour of a kind...but who is she and who does she work for/with etc?

 

The implications of the case you are referencing here appears to me to be one of the most important issues in modern finance at the moment. It affects the degree of responsibility and accountability that banks and credit reference agencies have between them and the rights of 'consumers' in that regard.

 

It is therefore a defining issue that has implications for millions and millions of people across the UK and possibly EU too. Getting the right people behind you for the fight and spreading the word out wide enough to get people sharing their stories is therefore vital. I'd be VERY wary about entrusting this to the OFT or any other government agency that's allegedly pro-consumer. The issue is just too big and the implications too massive for banks to let this one go easily.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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If there was more than one way through which she can be reached, that would also be a boon I think, post, email, website, phone/fax etc...

 

In my own minimal experience, I would say I have witnessed incorrectly placed defaults (as opposed to warranted and therefore correctly recorded defaults) affect up to 50 people. I would guestimate about 1-in-4 people in the credit having adult population of the UK are affected. That's a huge number and the ramifications are therefore consequently huge.

 

Can I ask therefore, in your view and experience, what exactly is wrong with the current state of play and what change(s) is/are required to deliver justice? I think it's important to be clear from the outset what it is we are rallying behind and trying to achieve.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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Site currently prevents contact details being posted. Frances helps people with worthy causes obtain legal aid when they wouldn't normally be able to afford it.

 

The banks are currently holding people to ransom for money they legally don't owe. The Supreme Court is expected to end the bullying tactics with an unprecedented ruling that confirms the law is designed to protect the consumer. Justice only if the victims are put back to the position that they would have been in, had the bank not interfered. Financially anyway. Time and lives cannot be replaced.

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I've just been before the legal team put together by the FLSU.

 

We need one of the site team to put a few paragraphs together for Frances, to explain the impact of defaults on Caggers.

 

They should deal directly with Frances, explaining who they are and what they represent.

 

Shadow - do you think someone can do this please?

 

Thanks very much.

 

Anyone else wishing to contribute with their personal stories can contact Frances too but I'll need to PM you with her details.

 

Anyone who has contacts with the financial media please PM me details.

 

We need to spread the word fast that defaults are due to be less easily imposed if we can convince the legal aid board that this will be good for the wider public interest.

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Site team are aware.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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  • 3 weeks later...

Time for a story. Could someone PM me details of a journalist who'd like to help. Preferably in the London/Kent area.

 

We need to make this blatantly clear, despite the blatantly obvious, that a Supreme Court ruling prohibiting banks from extortion/defamation/negligent misstatements (basically issuing wrongful defaults!) will be in the public interest. The team's in place (pro bono) and prospects of success are "significant".

 

Cheers,

 

Richard.

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Hi Durkin

 

I wish you all the luck in the world with this fight. I only wish I had the knowledge or wisdom to help you through this stressful time. Hopefully site members of CAG who have more experience than some of us caggers will contribute their wisdom and experiences.

 

GOOD LUCK

AFW

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  • 3 weeks later...

All signed

 

Scrapper Coco8-)

"I just want to make people silky-smooth!"

 

Scrapper vs MBNA Partial Settlement Success. Saved £13,000 :lol:

Scrapper vs Barclays Bank Plc PPI Reclaim Success £5,500 :lol:

Scrapper vs Barclaycard Partial Settlement Success. Saved £6,000 :lol:

 

Scrapper vs Tesco's FOS upheld complaint. Possible court action to get default removed

 

Scrapper vs Egg (Barclaycard) Awaiting FOS

 

Scrapper vs Barclays Bank Plc Offered made & Refused. This means war :-x

Scrapper vs Barclaycard (Cabot) Waiting 4 years for CCA. Cabot advised irresolvable :lol:

 

Scrapper vs Intelligent Finance. Success

 

Scrapper vs Picture (Webb Resolutions) Success

 

 

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Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Hi Durkin

 

If I may offer a word to hopefully assist you in getting more publicity on this. Try some of the non-mainstream outlets out there that focus on Internet Broadcasting and Social Networking. I don't know who you've gone to in the mainstream 'misleadia' but much of the distribution is owned and controlled by interests that are either financiers themselves or massively pro-bank.

 

That's why you will almost never hear certain vital fundamental issues discussed in the mainstream, yet on the Net, they're open secrets.

 

It does not suprise me that they're either unwilling or slow to take up this cause, fabulous as the story is. You'll get a different reception among the underground, non-mainstream folk.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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all signed up Richard also added it to FACEBOOK AN TWITTER

PATRICKQ1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 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

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Thanks Rhia & Scrapper for the tips. The journalists are all dragging their heels but I live in hope. Meanwhile, in the absence of a #10 petition, I'm trying this:

 

http://www.gopetition.com/petition/43459.html

 

Thanks to everyone for your help.

 

Richard.

Hi Richard, just signed up, once I realised what was happening.

 

May I suggest you re-post the above petition to make it clearer you'd like people to support it? Your use of the phrase "I'm trying this" did not at first suggest to me what it was until I saw others acknowledging it. May I also suggest you visit various related threads here at CAG and elsewhere and point them to the petition? It needs to be actively promoted.

 

Admin may also want to look what they can possibly do to promote the petition widely to the membership.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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Cheers for the tips Buster. I'm still exploring the "underground". (Perhaps you could PM me a contact?)

 

Shadow, please could you liaise with the site team to spread this over the forum appropriately?

 

http://www.gopetition.com/petition/43459.html

 

Thanks to everyone that's signed this petition. I understand if we can get 500 signatures, the government will be obliged to comment.

 

There'll hopefully be a reference to this in the Guardian, perhaps next Saturday.

 

Buster is right though, the story is likely to be less consumer orientated than we'd like.

 

MP is now looking into strengthening the law but he's not the fastest operator and is just one man.

 

This petition will be addressed to the government as a whole.

 

It's also good ammo when applying for legal aid on a wider public interest basis. Comments are ace.

 

Cheers,

 

Richard.

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Signed, when OH comes in they can sign as well :)

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