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    • So if I've understood correctly, you had a meeting with a company who employ PPM to manage their car park, but PPM gave you a ticket and the company refuse to get it cancelled.  Eh???!!! You are being somewhat secretive with the details and it would help us to give correct advice if you would be crystal clear about the story.  Who did you have the meeting with?  What is their address?  Why do you think it was them who called in PPM?  Were you informed about the matter of the permit by this company?  Etc.
    • What a disgraceful shirking of responsibility.  Par for the course though I'm afraid with Iceland. You could get nasty and send them a version of the below (you know the local area so change what needs to be changed). Unfortunately the people who are replying are having to comply with the company policy which is being foisted on them - which is not to cancel tickets. But you might as well send the mail and try.   Dear Cissy, thank you for today's mail. Of course you are "able" to cancel the charge, you simply contact Excel and tell them to cancel the charge. I will wait for exactly 24 hours and then contact the local newspaper XXXXX and the local radio station XXXXX about Iceland's disgraceful disability discrimination.  Nothing much happens in Gravesend so I'm sure both will be happy to do a piece which will generate terrible publicity for your store and drive away customers, which is exactly what you deserve. Yours, XXXXX 
    • You are absolutely right to be cautious. It would be helpful if you will be prepared to send me a private message containing details of the outlet and the address et cetera. It might help me to get things more into perspective. So I understand that you had a business selling your husband's photographs. You were unable to continue your direct involvement and so you made an arrangement with a manager who you trusted to carry on the business for you while you were recovering elsewhere in the country. Is this correct? This manager has possession of all the files of your husband's photographs. Is this correct? Do you have any copies of the files? You made a reference to having a Co-op. Does that mean that you are running a Co-op supermarket or groceries outlet? I don't quite understand here. In terms of the possibility of continuing the arrangement with this manager – my own view is that you need to bring the arrangement to an end and I don't see how you could trust them. As far as I can see you are asking about two issues. Making sure that the files in the manager's position are destroyed so that you regain control of the photographs. Obtaining some damages for the loss of revenue. How many photographs do you believe are in his possession? What you estimate is your loss of revenue so far – probably calculated on your average revenue over, say, the five years before you stopped your involvement in the business? You are talking here not only about a breach of contract. You are talking also about breach of copyright and frankly you're also talking about deliberate copyright infringement – which is a criminal offence. Also fraud. Additionally, if you begin the dispute with this person, I would say that they will probably leave immediately. Have you got somebody else to run the business or would that be the moment that the whole thing collapses? If it is the latter, then this is something else that you need to prepare – somebody to take over as seamlessly as possible   Also, do you know the address of this person – and do they own their own home or any other assets?  
    • Just as i thought (from above post) : i just hope this is not the normal customer service that say they cant do anything and that you have to appeal to excel parking 🙄 this is the response my friend has received today - totally ignoring the subject which was: 'victim of disability discrimination on the part of your agents' does anyone have any ideas to reply with please?     Thank you for your response.   I would like to apologise for the error in the previous email; our CEO, Tarsem Dhaliwal had received your email and tasked ourselves in the Executive Resolution Team with looking into this.   We have raised this with our internal property department who have more information on parking charges and any appeals, we can see that you had appealed the PCN with excel which was rejected, you then appealed the PCN with IAS which was also rejected.   Because of this, we would not be able to cancel or refund the charge.    I understand this may not be the outcome you had hoped for, I am sorry for any inconvenience caused.   Kind regards, Cissy
    • Officials at the Federal Reserve are expected to hold off on any interest rate cuts this month.View the full article
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    • 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.

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Mr Robert Udy is the name of Crap One's computer at Nottingham

 

Pull the uddy one!!! :D

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Did your charges claim fail then?

 

I took a part payment, chased for the remainder, and they closed my account in retaliation. I have told them I am refusing payment because I refuse to acknowledge their right to leverage the overdraft in such a way.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Hi all you clever people on this thread...Just one question if you forgive me from not wanting to wade through this entire thread again... When do the new regulations come in re DCA's being fined if a complaint is investigated, and which body is doing the fining ?

 

 

FAQs - timescale for consumer credit complaints

 

FAQs - consumer credit complaints

 

consultation paper - chapter 7, questions for consultation

 

 

ARE THESE ANY HELP ?

:cool: sunbathing in juan les pins de temps en temps

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Professor: Quick question.When you go to the Court of Justice which divison is your case being heard in.

 

Hi Term and everyone else. Apologies for the few days abscence, have work to do.

 

Its in the bankruptcy section, room 211 to set aside demands with the registrar. Despite what nonsense anyone writes on the stat demand the idiotic brief for Amex put High Court of Justice room 110. Should really be room 101.

 

Anyways, looks like I wont have to go as the morons respresenting Amex have withdrawn the stat demand without me even having to bother to go to court to set it aside.

 

I will post their reply and my letter I sent when I get a minute. You will particulary enjoy the very short letter from Amex solicitors in this matter.

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As an extention of the input from Professor Fate and the replies therto.

 

If this person is MIB it does matter because this thread is there to argue around the CCA & give advice to those who are sticking their toe in the water. The mention of Stautory Demand and the 'B' word is enough to put aload of people off, who wouldn't be, if they are just starting to establish their rights.

 

For those who may have been affected by this persons input, please please Google 'stautory demand', the information that you gain by that cursory inquiry and the instructions that you gain should be nough to put your mind at rest. Remeber a Stat demand is just as dangerous to the filer as it is to the defendant if the former hasn't got all his facts right.

 

As for clicky, to some extent this thread is, its IS very exclusive because the arguments have developed and are at times very technical, unless you take the time to read over 200 pages. However, that doesn't make it any the more less informative.

 

As reagrds PF, he obviously has a IP address it may be interesting to see how that compares with the other 'commando raids on our gang'.

 

Kind regards,

 

Mike

 

I have an IP address, I also have a home. I am not MIB, I dont see why you seem to think I am MIB?

 

Unfortunately I dont have loads of time to spend on this very informative forum because I have a full time business to run. If I sit here on the forum I just read and respond and dont get any work done.

 

SO please dont get paranoid about people because they dont live on here because I think it just put other people off from joining and making a contribution to help others in a similar circumstance to yourselves.

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Hi Professor

 

What part of London are you from? I hope you don't mind me asking afew (ahem) security questions before we go on.

 

You mention stat demand, and the high court. So, I take from that the inference you are in the profession?

 

I live in North London. I am not a lawyer.

 

I am in the electronics business, have set up and run a few companies in my time. Have had some good successes and failures over time.

 

Last 2 years my business has suffered due to the fact my asshole ex business partner raped the company for over six figures so I lost rather a lot of money.

 

Hence the need to know what I am doing vs my creditors as at the time I could barely afford to pay a mortgage and feed my family.

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To my mind it doesn't really matter whether Professor Fate is MIB or not. If he is, big deal. The MIB's can read this site anyway, whether we like it or not. If in doubt about a fellow CAGer or not, just remember everything said on this forum is public.

 

Interesting angle you raise on the 'stat' PF. I presume a statutory demand issued through the high court is the first phase of a potential bankruptcy process - if you can't pay. Although Amex can be as stupid as the rest of us I'd be genuinely surprised if they'd try that route if it had absolutely no merit whatsoever.

 

It is the first and only step in bankruptcy. I fobbed them off many times after a while they didnt bother to send me anything until late last year I got a letter from their solicitors with the usual threats which I ignored. Then in February i got a letter from a trace agency saying they were to present a statutory demand on behalf of a client. I didnt know which creditor as I have a few. I ignored that as well. No name of creditor does not deserve a response. I mean how can you respond to un-named creditor?

 

On 2 March 2007 I was presented by hand with a statutory demand by an agency aptly called C-I-N. They are on the web. The guy at the door gave me some BS about being a clerk of the court blah de blah which was utter BS but I said nothing, not even confirm my name. Generally dont confirm anything verbally.

 

The server did not get a written acknowledgement from me or anything else as sometimes its advantageous in case of delays. Plsm read the section regarding serving a stat demand or I can post If you prefer?

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we are going off thread again.........!!

Prof. Fate - maybe you could open a thread in Amex forum?

 

It's OK LB the Prof is just providing rebuttal vs our belief he's a MIB. We all feel more at home discussing things with people when we have a bit more background info. The surgical nature of his (hers?) original question piqued my paranoid alarm bells level.

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Guest The Terminator
No forthcoming answer to post 4444 then..Comom InKogneeToh,,you're my hero here...surely you have the answer

 

I answerd it two nights ago:D April 2007 & sometime in 2008 ;)

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oh m55, I am disappointed - nobody checked me out when I joined this thread (although it was some time at the beginning - about a gazillion years ago it seems!) - does that mean I sound so stupid it wasn't even WORTH checking me out?:sad:

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It's OK LB the Prof is just providing rebuttal vs our belief he's a MIB. We all feel more at home discussing things with people when we have a bit more background info. The surgical nature of his (hers?) original question piqued my paranoid alarm bells level.

 

His.

 

Didnt know it was that surgical. Just the way I always am.

 

Havnt seen an Amex forum, can someone post pls?

 

Regarding the post about a company not been able to profit during a default of section 85, is there any common ground that this is so? Why does not the same apply to section 77-79?

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Guest The Terminator
It's OK LB the Prof is just providing rebuttal vs our belief he's a MIB. We all feel more at home discussing things with people when we have a bit more background info. The surgical nature of his (hers?) original question piqued my paranoid alarm bells level.

 

M55.You must start to chill out.I got a default notice yesterday from Arrow Global and I just laughed giving me 14 days to cough up all else.The only coughing I will do is to clear my throat.Anyway I can use the default as a tool because it do's not follow the Act on one little technicality Westclott sent me one the day previous for the same alleged debt.Now this is the juicy bit Arrow brought the debt from my good old buddies MBUSA but without any evidence.In one paragraph they say they have been assigned and in the next they say they've brought it.Sorry they won't confuse the Terminator.So as I have no agreement with Arrow they will be receiving a S10 DPA notice early next week and Westclott will receive a CCA request then we will see who is confused.Anyway as it's St Pat's day and im English I am just going to forget it.So if the MIB's are watching the beers are on you.:D

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Regarding the post about a company not been able to profit during a default of section 85, is there any common ground that this is so? Why does not the same apply to section 77-79?

 

Hi

 

VERY good question!

 

I am still looking for some evidence/case law/common law or even sod's law that shows that a creditor may not profit when in default.

 

All that the CCA says is that he may not enforce, i.e. take any action to force payment.

 

Answers on a postcard please.....

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Hi all,

 

i know i may be at risk of sounding a little like the good professor, though im certainly not MIB.

Is there much proof of (by way of case law or other) for actions in court that have gone before and been judged on ?

 

 

i have to ask this again as its bugging me now (infact this whole issue about s85, 77 ect ect)

 

does anybody in this forum have proper authority (ie case law) to show that the s85 claims, consolidation of interest and the like are legitimate claims, and not just someones interpretation from cag ?

 

i have searched the database of case law and cannot find a single ruling regarding issues of this nature. How many cag members have already been down this route in court and won up to yet ?

 

somebody please put me straight on this

 

Johnny

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

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Online Finance - Case Charge+CI+Damages+costs

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I think that the real clue to this is in the original agreement where it shows what happens if either party defaults or is in breach of their obligations under the agreement. Usually there is a long list of redress for both parties regarding this, the creditors right to sue you and enforce etc. I think that if there is no redress for a debtor under similar circumstance (that there is in fact no redress for a breach or default by a creditor) it would fall under the Unfair Contract Terms 1999 as the agreement is clearly one sided and bent against the consumer. Such a thing as proven would render the agreement void.

 

Just a suggestion.

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My opinion is that you wont get redress for interest or charges through the CCA.

 

The way to get charges removed is of course common case law.

 

The way I would go for interest accured would be in a section/or non section of your original agreement using the 1999 legislation that if you have no redress for a creditors breach or default the agreement is likely to be unfair.

 

Some judge must rule on this to make it so, cant find anything yet.

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Guest The Terminator
Hi

 

VERY good question!

 

I am still looking for some evidence/case law/common law or even sod's law that shows that a creditor may not profit when in default.

 

All that the CCA says is that he may not enforce, i.e. take any action to force payment.

 

Answers on a postcard please.....

 

Regards, Pam

 

Hi Pam I haven't got a postcard but I do have the CCA in another window and this is the one with the amendments as at 2003.Now I have been looking for what your asking but please bear with me it is there somewhere.Anyway I've been looking at S82 of the Act which may have some bearing on S85.If I am correct in what I'm thinking the whole credit industry is going to be blown wide open.

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The way I would go for interest accured would be in a section/or non section of your original agreement using the 1999 legislation that if you have no redress for a creditors breach or default the agreement is likely to be unfair.

 

.

 

Hi

 

I don't think that would be of any use because regulated consumer credit agreements must be in a specified form and I haven't seen any that include any clauses regarding rights etc. apart from the statutory ones.

 

IMO the rights of each party are set out in the CCA and it's associated regs., and I see nothing about reclaiming interest if the creditor defaults.

 

There was a post earlier (I'm sure in this thread) about the language of the CCA being very precise, so I can only conclude that it means what it says and nothing else!

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Guest The Terminator
Hi

 

VERY good question!

 

I am still looking for some evidence/case law/common law or even sod's law that shows that a creditor may not profit when in default.

 

All that the CCA says is that he may not enforce, i.e. take any action to force payment.

 

Answers on a postcard please.....

 

Regards, Pam

 

R Lukacs-Rajnai v Lloyds Bank Plc [1996] EWCA Civ 1027 (22nd November, 1996)

 

There is no need to read the whole judgement I've added the revelent parts below.

 

I have posted this piece of case law before which touch's on S85.Now if this case had been presented in a better way then I beleive the appelant would have won and a precedent set.

 

The Recorder was of the view that there was no breach of the duty of confidence, and that there was no negligence by the bank in supplying her with a fresh

contextup.pngcredit cardcontextdown.png, even though they knew she was a defaulter. I have looked very carefully at the judgment and I can see no possible ground open to this lady to challenge it. The truth of the matter is, as the Recorder identified, that her main complaint relates to the withdrawal of her contextup.pngcreditcontextdown.png as notified to the contextup.pngcredit agencies. It arose directly from her default on the loan agreement and she was aware that that course would follow. It was no action which gives rise to a Counterclaim.

The applicant's second complaint is against the judgment entered against her summarily. She really wishes to appeal that judgment. It is not before us, but even if she were to seek to apply, four years after Judge Cox dismissed her attempt to appeal the District Judge's order, it is now much too late for this court to interfere.

In conclusion, I would say that I fully understand how the difficulties have arisen. I am not in a position to say to what extent her real anxieties are or are not worth founding, but it is too late to interfere with the judgment. I do not know whether the applicant would have succeeded on that judgment or not. There is no opportunity for the bank to explain whether or not they complied with Section 85, but we cannot deal with it now.

Now suppose the judge had decided to go down the S85 route and this case law is over 10 years old what would the repocussions for the bank been. The Terminator Q.C now rest's his case because he needs to get ready to go out.

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