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    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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What should I do?


redn1ck
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Sent out the LBA. Got the following reply by secure message:

 

 

We have received your letter before action. We have been inundated with letters of a similar nature. Many of them involve searching through 6 years worth of bank statements. I apologise if our response is taking much longer than you anticipated. You will receive a response from us in due course.

 

Many thanks

 

Dorothy

My initial rection is to reply to tell that the 14 days will not be extended. Some advice please.

 

Should I reply to them to tell them I am not extending the deadline

 

or

 

Reply and give them one more week

 

or

 

Wait until the 14th day and then start court action.

 

Kind Regards,

 

redn1ck

Lloyds TSB - Data Protection Act 21st August:-x

IF - Data Protection Act 21st August

smile - won £260 :D

Alliance and Leicester - waiting for that one

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My response would be to stick to your timescale they have the resources, its not your problem they cannot manage, stick to your timescale and comtinue with the next step when 14 days is up

 

Best of Luck

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they seem to be taking a bit longer after the LBA to settle because they are busy, you can send them a secure message saying you are about to file a claim and ask for where they want the claim to be sent to, they will give you an address and maybe it will stir them up a bit, it did with me and saved me doing a claim. look at my thread

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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Should I reply to them to tell them I am not extending the deadline

Yes,

 

and,

Wait until the 14th day and then start court action.

Yes!

 

 

Andy

Current projects:

 

First Direct

MCOL Filed 24/9/06

£3116.60 including 8% interest

Offer from DG £1618.30, 3/10/06. Accepted as Partial Payment Only - pursuing remaining ££££

Offer for £3236.60 (full amount, plus court charges) from DG 10/10/06.

Accepted, crossed out confidentiality clause, funds cleared. Thanks to all for help and support.

Barclaycard

MCOL Filed 4/10/06

£1370.22 including 8% interest

Payment of £216 (:lol:) received. Settlement politely declined...

Allocation Questionnaire received 8/11/06

 

Smile

Prelim sent 23/09/06

LBA sent 27/10/06

£2435

Payed in full, just before MCOL, 17/11/06

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look at my thread

 

I have just read your thread and well done. I will be looking at what process you took and I will be following that.

 

Regards,

 

redn1ck

Lloyds TSB - Data Protection Act 21st August:-x

IF - Data Protection Act 21st August

smile - won £260 :D

Alliance and Leicester - waiting for that one

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Just sent the following by secure message:

 

You wrote:

Hello Mr redn1ck

We have received your letter before action. We have been inundated with letters of a similar nature. Many of them involve searching through 6 years worth of bank statements. I apologise if our response is taking much longer than you anticipated. You will receive a response from us in due course.

Many thanks

Dorothy

My Response:

My original letter was received by you on the 7th September (date taken from Royal Mail website). You have 14 days from then in which to settle this claim otherwise I will begin legal action as stated in my letter.

Kind Regards,

redn1ck

 

Boy did that feel good!!!

Lloyds TSB - Data Protection Act 21st August:-x

IF - Data Protection Act 21st August

smile - won £260 :D

Alliance and Leicester - waiting for that one

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Its upto you, they told me the same thing and said it'd be another 8 weeks! They are real funny.

 

They have the resources to deal with these claims if they want, its a delaying tatic probably taken at a higher level so be polite to the groundcrew and make sure they know your serious, etc

 

I'll be sending that address request message before I go ahead I think

______________

22nd Sept MCOL filed vs smile bank :!:

 

27th Sept LBA amount paid by smile

 

6th Oct Full MCOL amount paid by smile

 

Result = :D

 

 

 

 

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Just receivied the following secure message and sent the following back by secure message:

 

Withouth prejudice

Court action pending

You wrote:

Hello redn1ck

I'd advise you to have a look at our website where you can have a look at our complints procedure, we have up to 4 weeks to send our response to your complaint and then a further 8 weeks to send our final response. I've checked your account and it apeears that our complaints team are still looking into your letter sent on the 24/08.

Regards

Jade

 

However my letter stated 14 days and I will be sticking to this. I therefore need to start the process of making a claim on line this week. Could you let me know the correct address for smile that I should use in this claim.

Kind Regards,redn1ck

Lloyds TSB - Data Protection Act 21st August:-x

IF - Data Protection Act 21st August

smile - won £260 :D

Alliance and Leicester - waiting for that one

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Use the Balloon Street address in your cheque book.

 

Smile are making me really cross today. They need to employ more staff, they can afford it.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, 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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Ok. I knew it would come to this.

 

14 days have passed since my LBA was sent to smile. Therefore I am going to go the next stage.

 

Just going back into the FAQ for a good read before doing so. Any advice?

 

Kind Regards,

 

redn1ck

Lloyds TSB - Data Protection Act 21st August:-x

IF - Data Protection Act 21st August

smile - won £260 :D

Alliance and Leicester - waiting for that one

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My advice would be to read back through the FAQ's which you are already doing so spot on!

 

Once you've done that, if you have any queries about the claim process please let us know.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, 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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Hi,

 

Been through the FAQs and just started inputting my information on Money Claim then I realised that 14 days from now I will be on holiday. Should I wait until returning before submitting the money claim or should I continue with it now?

 

redn1ck

Lloyds TSB - Data Protection Act 21st August:-x

IF - Data Protection Act 21st August

smile - won £260 :D

Alliance and Leicester - waiting for that one

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How long are you going away for?

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, 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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How long are you going away for?

 

Just for seven (7) days.

Lloyds TSB - Data Protection Act 21st August:-x

IF - Data Protection Act 21st August

smile - won £260 :D

Alliance and Leicester - waiting for that one

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Wait the seven days and then file. Seems they are just being genuinely slow to reply, you dont have to wait for them though

______________

22nd Sept MCOL filed vs smile bank :!:

 

27th Sept LBA amount paid by smile

 

6th Oct Full MCOL amount paid by smile

 

Result = :D

 

 

 

 

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  • 2 weeks later...

I initiated the court action online and have receivied the following by secure message from smile:

 

Hello redn1ck

 

I'm sorry you feel you have to resort to court proceedings without following our complaints procedure as laid down by Financial Services Authority.

 

You can send your claims form to us, and we will forward it on to our Legal department.

 

Team 314

smile

PO Box 600

Delf House

Skelmersdale

Lancs

WN8 6GF

 

Regards

 

Jayne Jones

smile Complaints Team

 

For full details of our complaints procedures, go to Redirecting to Smile Production Site, click on 'Talk to us' and then click on 'Complaints' on the right hand side.

 

What annoys me is that I did complain last Christmas but was fobbed off by someone in the customer diserverice centre.

 

Oh well just have to wait until I get my court papers and then forward on the correct stuff to smile.

 

Regards,

 

redn1ck

Lloyds TSB - Data Protection Act 21st August:-x

IF - Data Protection Act 21st August

smile - won £260 :D

Alliance and Leicester - waiting for that one

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When did you do your mcol ? I've put mine in today so will be watching your progress along with a few others

Co-Op

Prelim - 09/06/06 (£2052)

LBA - 26/06/06

Settled 06/07/06 :D

Smile

S.A.R - (Subject Access Request) - 03/07/06

Prelim - 23/08/06 (£3185.50)

LBA - 08/09/06

mcol - 30/09/06 - £3250.50 + £800.22 + £120

Settled 13/10/06 :D

Capital One CC

S.A.R - (Subject Access Request) - 05/09/06

Prelim - 07/10/06 (1142.90)

LBA - 25/10/06

mcol - 13/11/06 (£735+ £323.29 + £120)

Settled

A & L CC

S.A.R - (Subject Access Request) - 07/10/06

Prelim - 14/11/06 (1065.16)

Wescot

CCA - 07/10/06

Co-Op(2)

S.A.R - (Subject Access Request) - 09/10/06

BOS CC

S.A.R - (Subject Access Request) - 18/10/06

Creation

S.A.R - (Subject Access Request) - 18/10/06

Prelim - 02/11/06 (£94.61)

LBA - 17/11/06

Settled 21/11/06

Studio

S.A.R - (Subject Access Request) - 18/10/06

Prelim - 01/11/06 (£103.80)

LBA - 17/11/06

Settled 18/11/06

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they seem to be taking a bit longer after the LBA to settle because they are busy, you can send them a secure message saying you are about to file a claim and ask for where they want the claim to be sent to, they will give you an address and maybe it will stir them up a bit, it did with me and saved me doing a claim. look at my thread

Hi I got really into trouble with my smile account and they took my check book off me several hundreds of pounds later they agreed to stop adding charges to the account. It still cost between £600-900. Since I have closed the account down as I wasn't using it however can I still claim for what they did charge me as it was serious amount that really spiraled out of control?

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Hi I got really into trouble with my smile account and they took my check book off me several hundreds of pounds later they agreed to stop adding charges to the account. It still cost between £600-900. Since I have closed the account down as I wasn't using it however can I still claim for what they did charge me as it was serious amount that really spiraled out of control?

 

Yes dubai you can claim for up to 6 years even if the account has been closed.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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  • 2 weeks later...

Hi,

 

Just got a refund for £290 (£260 charges and £30 court fee) and a letter saying that although they believe their 'charges to be fair and transparent' they have creditied me my £290 back!!!

 

They also say 'To avoid charges in the future you must ensure that your Smilemore current account never exceeds the agreed overdraft facility'. Does that mean if I just accept the refund and do go overdrawn I will not be able to claim? Should I write to say thank you but I only want to be charged in accordance with the OFT ruling?

 

Also I will be paying more than 5%. I had no idea this site even exsisted until I read someone posting on the redissue football site. I think everyone who used this site heaviliy should seriously think about donating more.

 

Many thanks to all who helped/

Lloyds TSB - Data Protection Act 21st August:-x

IF - Data Protection Act 21st August

smile - won £260 :D

Alliance and Leicester - waiting for that one

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Hi,

 

Just got a refund for £290 (£260 charges and £30 court fee) and a letter saying that although they believe their 'charges to be fair and transparent' they have creditied me my £290 back!!!

 

They also say 'To avoid charges in the future you must ensure that your Smilemore current account never exceeds the agreed overdraft facility'. Does that mean if I just accept the refund and do go overdrawn I will not be able to claim? Should I write to say thank you but I only want to be charged in accordance with the OFT ruling?

 

Also I will be paying more than 5%. I had no idea this site even exsisted until I read someone posting on the redissue football site. I think everyone who used this site heaviliy should seriously think about donating more.

 

 

Many thanks to all who helped/

 

thats great news redn1ck well done.I'd take the money and say nothing further. if for any reason they make charges in the future then simply reclaim them again.:p

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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:grin:congrats!, yes I agree this site is great!

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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