Jump to content


  • Tweets

  • Posts

    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Lowell Portfolio 1


nishi
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4842 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

How would I check that??

The most recent letter I received on the 14th of September was as follows:

Dear Miss Jones

News on your credit agreement request

We have been in touch with Sygma Bank UK about the copy of your credit agreement.

They have let us know that they are trying to retreive the agreement from their archives.

As soon as we have it we will send it to you

What will happen next

In the event that we cannot obtain a copy of the agreement we will wrote to you again and inform of this. once you have seen your credit agreement we will ask you to pay your outstanding balance in full.

yours Sincerely....

I am now going to send a copy of the "account in dispute" letter...

Thanks for all your help on this by the way. Im expecting twins, and have been saving like mad for my pram. If I have to pay this, then Its making things very tight indeed!

 

Take care when are they expected (The Twins),

:mad2::-x:jaw::sad:
Link to post
Share on other sites

  • Replies 59
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

You can check online for when they received your request her;

http://track.royalmail.com/portal/rm/track;jsessionid=SFVGYQ12KEYSKFB2IGIVGAQ;jsessionid=SFVGYQ12KEYSKFB2IGIVGAQ?catId=22700601&emt=emt&track=track&default=default&imageRootPath=&loc=en_GB&keyname=track_home&gear=track

 

Debts don't get wiped, if they can't find the original agreement, it simply means they cannot take any legal action against you to enforce the debt, so they won't be able to take you to court and obtain CCJ's or court orders etc, they can still "ASK" you to pay, but the decision is up to you whether you should or not.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

  • 4 weeks later...

Hello again.

 

I received a letter from Lowell Portfolio today which reads as follows:

 

Dear Miss Jones

We refer to your recent request for a copy of the original credit agreement for this account

After liaising with sygma bank uk in an effort to obtain this document we have been advised that it is no longer available due to the legth of time since the account was opened with you

At this time we have closed our file and will not make any fuirther contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future from sygma bank uk

 

sincerely.....

 

So I guess thats it then? case closed? I won?!!

Link to post
Share on other sites

Yes, for the time being you win. But don't crack open the Champers just yet, there is still plenty of time for them to come up with some reconstructed agreement so they can continue their harassment!

Keep that letter and make a couple of copies of it, for when the next coach load of monkeys come along trying to steal your bananas. That is about the fourth or fifth one I've seen this week where lowlifes have backed down and given up...?....is this the calm before the storm? Two months before Crimbo?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Hello again.

 

I received a letter from Lowell Portfolio today which reads as follows:

 

Dear Miss Jones

We refer to your recent request for a copy of the original credit agreement for this account

After liaising with sygma bank uk in an effort to obtain this document we have been advised that it is no longer available due to the legth of time since the account was opened with you

At this time we have closed our file and will not make any fuirther contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future from sygma bank uk

 

sincerely.....

 

So I guess thats it then? case closed? I won?!!

 

case closed, the letter they sent is indeed a free ticket for a spin on the dca merry go round.

Link to post
Share on other sites

Oh yes, the Magic Roundabout with dougal Zebedee, and Ermintrude to name but a merry few, there is an episode to reminisce her....

 

PLEASE DON'T CAGbot THAT LINK!!!!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

  • 2 months later...
Have received the CCA. Sent by them on the 15th of December 2010.

What should my next step be?? Is that it now? should I just pay the outstanding debt?

 

No no, it's not as simple as that, once you have scanned and posted it up, others will be able to look at it and advise whether it is enforceable or not, and whether or not it is indeed a CCA!

Please ensure you remove all ID, names, addresses, ref numbers, bar codes and funny little bar code boxes.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

The basics sort of seem to be there, however, they don't seem to have sent you a statement of all payments made to the account, interest charged to date, admin charges to date, etc.

 

I was under the impression that, if asked, they should supply a full, up-to-date statement - otherwise you have no way of knowing if the total amount they're claiming is correct/legal, which I would have thought is a major point... You may be able to send an Account Still In Dispute letter, explaining the above. See what others say.

 

Sorry I can't be more helpful.

 

H. x

 

 

Link to post
Share on other sites

  • 2 weeks later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...