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    • 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.
    • I am requesting your assistance to how I should go about a serious breach of my privacy that occurred during my stay at one of IHG’s hotel on Ma 2023. Having previously had items taken from my hotel room elsewhere I take the added precaution of using a security camera app on my device whenever I stay in a hotel room. The recordings are date and time stamped and it cannot be adjusted by the end user.   On this particular occasion I discovered evidence from my personal security camera recordings of a spy camera had been placed underneath my door, and can be seen moving along the base of the door for approximately 15 seconds.   The spy camera is in fact marketed as an inspection device of drains primarily but is known to be used in observing spaces difficult to enter. It is a usb endoscopic camera that has a length flexible cable that is semi rigid and can negotiate any obstruction by bending. 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
    • Indeed, it’s all up to date at the moment and no missed payments and no issues from a credit file perspective everything is up to date in that sense 
    • follow it thru, plenty of time to poss arrange a tomlin or consent later on. ............   pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] .............. dx
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Cap1 & CCA return


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However as some judges have creditor sympathies you will have to argue that forcibly in your pleading & even be prepared to appeal if necessary

 

Jon its a poor do when the judges are feeling sorry for the creditor

 

HAK

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Jon its a poor do when the judges are feeling sorry for the creditor

 

HAK

Hi HAK,

 

At the end of the day it all comes down to the judges interpretation and unfortunately his personal views could affect that. Personally this is one of the reasons why I feel restitution of all monies ever paid can never succeed, (not to mention the Wilson ruling finding it would be unjust enrichement for the debtor)

 

 

 

 

 

regards,

shane

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The only thing you can do is ask for leave to appeal if the Judge disagrees with you - no Judge wants his opinion questioned in an appeals process.

 

Having said that, you aren't guaranteed leave to appeal - as that is usually within the Judges discretion as well!

 

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The court cannot make an order if there is no 'signed' properly executed agreement. Otherwise as has already been said by another poster the terms of their agreement could include their right to your 1st born

 

However as some judges have creditor sympathies you will have to argue that forcibly in your pleading & even be prepared to appeal if necessary

 

Hiya joncris & all

 

Just popping into this wonderful thread, which I have been following for ages now, to ask for a wee bit of moral support :| Lloyds TSB solicitors have today issued a claim against me in the Northampton County Court (bulk centre) relating to a debt which I have been disputing since the spring. They have failed to provide me with a CCA agreement in any shape or form, have totally ignored my CCA request in fact, and the first I have heard back from them is this claim received today. I have filed my AOS on line and indicated that I fully intend to defend this claim. I've asked for help with the POC over on my own thread :

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/81224-spiritgirl-various-dcas-24.html

 

but having read Shane's post about the possibility of a judge siding with a creditor, I am now having kittens and forsee some sleepless nights.

 

I honestly believed that if there was no agreement then this is a complete Defence??? You'll see in my POC that I have argued this fact right through, but does this mean I could still get a judgement against me at the end of the day guys?? Please can anyone help me (on my thread if possible as I don't want to continue to hijack this one).

 

Many thanks in advance:)

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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but having read Shane's post about the possibility of a judge siding with a creditor, I am now having kittens and forsee some sleepless nights

 

Hi,

 

please don't worry about that to much, I was mainly referring to a situation where a debtor was attempting to claim back all monies ever paid as a result of a non compliant agreement.

 

In your situation the lack of an agreement is a complete defence to any enforcement order

 

kind regards,

shane

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Having said that, you aren't guaranteed leave to appeal - as that is usually within the Judges discretion as well!

 

Surley if a judge goes against S127 you will get a guaranteed an appeal

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Surley if a judge goes against S127 you will get a guaranteed an appeal

 

 

HAK,

 

I believe Chris was referring to the s59(1) / unexecuted argument which has, to the best of my knowledge not been tested in court yet.

 

127(3) is irrefutably more clear

 

regards,

shane

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No Probs Shane

 

This thread is that long it would take weeks to back track:D

 

Going to write my third letter tonight about the the unreadable barclaycard application. Have you got any good ideas to put in it???

 

HAK

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No Probs Shane

 

This thread is that long it would take weeks to back track:D

 

Going to write my third letter tonight about the the unreadable barclaycard application. Have you got any good ideas to put in it???

 

HAK

 

no worries, I'll have a look over your thread later on this evening

 

kind regards,

shane

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All advice is offered freely & without prejudice

 

 

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No Probs Shane

 

This thread is that long it would take weeks to back track:D

 

Going to write my third letter tonight about the the unreadable barclaycard application. Have you got any good ideas to put in it???

 

HAK

 

Hi HAK

 

Who are you dealing with at BarclayCard?

------------------------------------------------

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

------------------------------------------------

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

------------------------------------------------

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Surley if a judge goes against S127 you will get a guaranteed an appeal

 

 

yes as its a point of law

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Quote:

Originally Posted by Having_A_Knightmare viewpost.gif

Surley if a judge goes against S127 you will get a guaranteed an appeal

 

 

yes as its a point of law

 

 

Hi,

 

 

Precisely!

 

And if you still weren't given right to appeal. This would then be an error on a point of law by the judge. You should then apply to have the judgement set aside.

 

 

Jeff.

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Some one in Court Orders and Disclosures

 

Ok mine is still with the legal department. I'll let you know if I get anywhere with the legibility thing.....

------------------------------------------------

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

------------------------------------------------

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

------------------------------------------------

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just another quicky

 

Anybody know what the max fine is for non compliance wirth a s78(1) and the said prison setance.

 

HAK

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just another quicky

 

Anybody know what the max fine is for non compliance wirth a s78(1) and the said prison setance.

 

HAK

 

Most likely nothing at all.

 

Its up to the OFT/Trading Standards to bring a prosecution under the Enterprise Act and they are unlikely to.

 

I don't think any bank/DCA has been fined or persons sentenced.

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It comes under level 4 on the Financial scale under the criminal justice act which means a fine of up to £2,500 or up to 6 months in jail. However TS will never prosecute fully

 

regards,

shane

 

 

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All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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Hi Tifo

 

i know they will neve do it but it for a letter i am writing at the moment.

 

Just want to prove i know what I am talking about

 

HAK

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It comes under level 4 on the Financial scale under the criminal justice act which means a fine of up to £2,500 or up to 6 months in jail. However TS will never proescute fully

 

regards,

shane

 

 

 

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Cheers mate I will Post letter in a min

 

HAK

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Another letter to marlin the clowns:::

 

am writing regarding your letter dated xx November 2007.

You ask why the account is in dispute. This information was stated in the previous letter sent on the xx October 2007. To refresh your records I will explain why the account is in dispute.

I requested a copy of my credit agreement from Metropolitan Collection Services. They failed to send this to me and under section 78(1) of the Consumer Credit Act 1974 they have now committed a criminal offence.

You are now breaking the law by trying to collect a debt that is in default under section 78(1) of the Consumer Credit Act 1974. This is a very serious offence that is reportable to FOS, OFT and Trading Standards. If found guilty carries a level four fine of up to £2500 and a custodial prison sentence of up to six months.

You will also be aware that as holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. If found guilty OFT could cease your credit license.

I am now asking you to return the case to the original collector as the account is in default. If you fail to do so I will send all the correspondence to Trading Standards so they can start litigation.

Again please treat this letter as an official complaint and pass this on to your complaints department at the same address.

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HAK,

 

I believe Chris was referring to the s59(1) / unexecuted argument which has, to the best of my knowledge not been tested in court yet.

 

127(3) is irrefutably more clear

 

regards,

shane

 

Hi guys......

 

Daves back again

 

I'm certainly going to test the water with my claim, and i feel more than a good chance of winning.

 

for those of you who know me, will also know I'm deadly serious about this

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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I havent put the n1 in yet...was going to do it yesterday but got delayed.

 

wont be able to get to the courts now until friday :(

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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dave

have you got a thread

 

hak

 

HAVE I GOT A THREAD.......?

 

 

:) :) :)

 

oh yes

 

http://www.consumeractiongroup.co.uk/forum/general-debt/84285-ccas-dave-against-world.html

 

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Thanks

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