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    • You can be sure that pardoning himself, stopping the other prosecutions and vengeance will be his first priorities if he wins. i dont think he will win, but no surety on that
    • The other cases aren't going to happen before November though, are they? Reporters are saying he can't pardon himself for a state conviction. He would have to lean on the governor of New York state, as I understand it.
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The operator can be up to 3-4 metres away.   Infuriated as I had previously stayed with them in 2022 for 3 months at £260 per night that they would seek to question my honesty and invade my privacy. I immediately called reception and asked why they would do such a thing and if they had any concerns they were welcome to inspect my room and go through my personal belongings and ask me anything they wanted to. I was sleeping for the best part of my stay and was alone throughout.   I sent the recordings to the receptionist within the hour of finding them and I asked to speak to the manager of the hotel who I was told wasn’t present. I tried to have face to face meetings with him but he instead wrote to me denying the recordings were made at their hotel stating that they didn’t observe anyone in the corridor at the time of the recordings and that they don’t have a metal bar at the interface of the tile and carpet which corresponds to the overlying door. I rejected that statement on the grounds the video doesn’t show a bar but a reflection of light on the tile and you wouldn’t see a person outside my door because the cable is black and runs along the floor. If you don’t look for this you won’t see it. The matter was passed up to the area manager and he also denied the allegation. This is where the matter ends as far as IHG are concerned. Leading a busy work and family life I let the matter go but I found myself back at the same hotel a year later. I booked for  2 nights and was given a room facing the lobby door that led to the lifts. Unfortunately, from the hours of 3am I was woken up by the noise of the door opening and closing but also noticed shadows of a person standing in front of my door. At first I took no notice and put this down to a guest waiting for someone but the person or persons returned several times, standing outside my door for up to several minutes. I called the hotel reception and asked if there was an issue  on my floor and they said they would come up to check. They never said they would check the CCTV and as the incidents continued to happen up to 8am I called them 6 times. Given my past experience I didn’t think they took security as serious a# her establishments and made them observe the Cctv and let me know. The explanation I was given was that they could see residents there but they were heading down to breakfast. The time that I had noticed these feet by door was from 3am and breakfast started at 6.30am. It also didn’t explain why they would stand by my door for anything longer than 10seconds and if they were waiting for someone how likely is it that this scenario is played out 6 times when there was only 12 rooms per floor. Later that morning when I went down for breakfast the manager said he would move me to a room at the end of the corridor and asked me what my plans were for the day, essentially when would I be in the hotel. I stated that for the day I was out. He then said that all his staff were uncomfortable about me being a guest and said that I was not welcome there anymore. I had paid for the two nights but when it came to the end of the day I didn’t feel that I would be able to rest at the hotel given the hostility so I returned the next day to collect my remaining belongings, namely items of clothing, an iPhone charging cable and plug, and toiletries. Checkout was at 2pm and I was at the hotel at 3pm. All my belongings were gone and they couldn’t locate the items.  I plan to report the incident of the spy camera to the police, as well as the theft, and write to the hotel emphasising that this breach of privacy is unacceptable and the hotel's failure to properly investigate and address the issue is deeply concerning. The fact that I requested security checks to ensure my safety in the early hours was reasonable, yet their response to ban from the premises was excessive and even possibly discriminatory as I had revealed to them that I had been a victim of a hate crime given my sexuality. . I am seeking compensation for the infringement of my privacy, the lack of proper investigation, and the being humiliated and made to feel like an undesirable. I will request a full refund of my two-night stay totaling £390. Additionally, I will request compensation for the cost of my previous stay when the infringement occurred, which was £220. I am also considering damages for the infringement of my privacy but at a loss as to what this would equate to. I will close the letter giving them a 14 day timeframe to respond.    Is there anything you feel i need to consider here? Many thanks   
    • oF course, this is all just the start. trump is dragging it out as much as possible hoping to pardon himself, but the barrier the yanks had about admitting that a pres could be such a piece of err work has been broken and there is many more to come. His current criminal charges are extremely unlikely to result in jail time or anything other than fines  - but with some of the other charges - jail is pretty much mandatory - especially for one not only not on a first offense - but with others stacked up
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cabot - citicard impending court action


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None compliance to the CPR does not affect the AQ process. Andy should file and issue directions for disclosure

and refer in " other " section, their non compliance and responses.

 

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Andy

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Hi Guys

Got a response back from Morgans today, two days before I have to submit my aq to the court, which I suspect they delayed on purpose.

They have replied with their aq and also to my lame CPR18 request.

They still haven’t supplied me with a copy of the CCA and a full statement of account going back to when the account was opened.

Attached is my defence letter to the court, my CPR18 request and Morgans response to both. Section GR3 in Morgans letter contains a list of citicard statements going back to Jan 2009, wheras the account was opened in 2003.

Cabot also seem to have included some interest charges.

Morgans have included/anticipated their costs in their aq, which seem excessive, should I be including my costs in my aq?

Any advice of where I go from here and how I complete my aq

rgds

andy_l

response from morgans 15032011.doc

CPR18_morgans_sent_template.doc

defence_response.doc

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Ohhh... so the Part 18 Request (the "lame" one) seems to have worked...

 

Funny that ;-)

 

Anyway, you now have some pretty impressive documentation over and above what they would usually provide. You now have it in writing that they are sourcing the original credit agreement and default notice both of which need to be accurate to the letter of the law for them to proceed. A failing in either one should render their claim well and truly @@@@@@@.

 

And they've also offered a 1 month stay as I said they would (which will have to be increased because they won't get their documentation in time - they never do). Even if the documentation does arrive post it up here and we'll see what holes are in it.

 

VJ

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Was this account close to being statute barred at all? Looks like they have been having trouble calculating the last payment date according to their docs. It also references "penalty interest" - could be worth exploring.

 

£4000 for their costs is ridiculous and disproportionate.

 

Have not complied with the Pre-Action Protocols either? Could be an unfair relationship issue under s.140, a breach of the CSA/OFT guidelines etc... lots going on here.

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Ohhh... so the Part 18 Request (the "lame" one) seems to have worked...

 

Funny that ;-)

 

Whilst its true they have responded... and I have to say above and beyond what is normally expected in a response, I believe we were pointing out that the CPR18 couldnt in all seriousness be enforced in court.. as it is its achieved its purpose however that I concede.

 

Andy, read the log carefully and see if anything sticks out with wrong dates etc etc. Note their predatory methods are shown throughout, as soon as they buy the account the land registry search goes in.. home owner so court action starts.

 

S.

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Whilst its true they have responded... and I have to say above and beyond what is normally expected in a response, I believe we were pointing out that the CPR18 couldnt in all seriousness be enforced in court.. as it is its achieved its purpose however that I concede.

 

Andy, read the log carefully and see if anything sticks out with wrong dates etc etc. Note their predatory methods are shown throughout, as soon as they buy the account the land registry search goes in.. home owner so court action starts.

 

S.

 

9.5/10 times a court directed Part 18 request is never needed. I've never seen one case on CAG in my 2 years which has ever needed this process. Besides, to enforce a Part 18 request in court you can pick out the parts which are more likely to succeed than others and leave out the ones which might seem frivolous but are nonetheless interesting if you manage to get hold of them.

 

In this case, as with every Cabot case I have handled, the tactics are for all to see. Predatory towards those with properties and, as evidenced by the AQ, completely oblivious to Pre-Action Protocols.

 

No credit agreement before launching litigation... no default notice before launching in litigation... no pre-action protocols...

 

If, and I say "if", there is no compliant CCA or DN then this is going to be a very interesting case and one which I feel will go in the OP's favour and lead to not only a discontinuance but some costs thrown into the bargain.

 

Cabot are not going to be hoping that a compliant CCA is found because they have referred it to the OC...

 

As soon as the CCA and DN turn up get them on here ASAP... if they are non compliant I would strongly advise filing a counterclaim.

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Hi All, sorry I have picked this up half way through.

I had a case last year with cabot and won :)

You need to be careful with the no credit agreement as they will use Carey vs HSBC (for me the DJ agreed that they did not need to produce it as you would have had to agree to it to get the card) :(

When you are in court make sure they provide a true copy of the deeds of assignment and not just a copy. Make sure your name and details is on it and not just details blanked out. (make them prove it is yours)

The way I won was that Cabot claimed the full balance of the card and they did not provide or have a DN, in there witness statement they said they didn't need to send one but

under section 87 (b) to demand earlier payment of any sum, or (CCA 1974)

the DJ ruled that because they were claiming the full amount then a default notice would have needed to have been supplied and as they had admitted they hadn't in the witness statement :biggrin: and they were claiming the full amount owed on the credit card and not the minimum payment (the arrears) :biggrin: the case was dismissedlink3.gif.

If they don't have a DN then you need to point this out to the DJ and that as they are claiming the full amount they have to provide one.

Please forgive me if things have moved on in the last 10 months :(

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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The Carey judgement can be dismissed in this case and in any claim where you have been taken to court by your creditor because Carey was taking their creditor to court for failing to provide a CCA under s.78. This is not the case here and the burden of proof is now with Cabot.

 

DN is relevant of course as ever.

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thanks for your help vj.....I appreciate it was a real wodge of paperwork to read thru.

I shall be completing my aq today with a view to delivering it to my local court.

Should I just complete my aq as is, noting non-compliance with CPR as advised, or should I be attaching any relevant info that my help my case.

I get the feeling that morgans should be given enough rope.................

Also I have a few NOTICE OF DEFAULT SUMS ISSUED ON STATEMENT letters from citicard, would this constitute a DN?

I can see no such DN from morgans in my correspondence file.

rds

andy_l

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Hi vj

I have been sent aq form N150 to complete by the court, has this superceded form N149 (your example).

Should I complete form N150 or use N149 instead ?

rgds

andy_l

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Hi vj

I have been sent form aq N150 by the copurt to complete, should I use this form or use form N149 (small claims track as per your example)

I think I should use N150 as the claim is for more than 5K, but I can still send the attachments as per your examples?

rgds

andy_l

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hi vj

Attached is my aq for a fast track.

In section A I have mentioned that I have previously made a settlement offer without predujice, which signifies that I've made an attempt to settle out of court, should I state that this offer has now been removed or not?

I assume your templates for other info and directions still stand for submitting my fast track aq.

rgds

andy_l

myaq.doc

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