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    • no deadline no.   P2g usually cough sometimes even before court
    • Thank you for your advice guys. I will have a read around and take appropriate action. Since all those booking were made through broker site parcel2go I am not sure who I should sue.   Also is there a deadline? I lost most my parcels over a year ago.   Cheers.
    • Set a side application can take anything up to 6 weeks to be processed and then longer until the hearing date...you could enforce the judgment next week if you get your skates on.   That's another £100 on your bill 
    • Is anyone able to offer any clarity about the new rules for applying for a maintenance loan when studying as a disabled student with the OU?  It appears on face value that the evidence required is 1)Medical letter stating unable to travel to university and 2) correspondence that been in touch with at least one HEP who state they are unable to accommodate disabled students needs.  The two apparent relevant paragraphs have caused us confusion.  TIA   Information relating to part-time maintenance loan funding available to disabled students on distance learning courses - GOV.UK (www.gov.uk)         Information relating to part-time maintenance loan funding available to ...       In order to assess whether a distance learning applicant would be eligible to receive the full-time support package/part-time maintenance loan, evidence is required and each applicant’s individual circumstances will be reviewed on a case-by-case basis. Evidence should include, but is not limited to: medical evidence from their GP and/or Consultant confirming that the student’s condition prevents them from travelling to/from their Higher Education Provider (“HEP”) and physically attending their HEP; and evidence that the student has had discussions with their HEP/multiple HEPs about the facilities available, accessibility and why the HEP/s cannot accommodate the student’s requirements. This could be emails/correspondence between the student and different HEPs – this is to be differentiated from a “rejection letter”. For disabled students who apply for Disabled Students’ Allowance and who are studying via distance learning, there is no requirement to provide any evidence that applicants wishing to receive a maintenance loan are asked to provide. Disabled distance learning students’ allowance is provided for by regulation 127 of the 2011 Student Support Regulations.
    • GEM CARS LTD  Is looking forward to the comments from the administrators and moderators now the full facts in this case are here for all to see  I would add that from the above transcript it appears claire has had a full vehicle inspection done and they didnt find any faults with the car.  I would also add that it appears she wants to keep the car because apart from the stone chips the car is in fantastic condition for its year  Personally i would rather refund her in full and have the car back  Regards  Mark  Gem Cars    RESPONSE FROM GEM CARS having received a random phome call from a gentleman today informing me that someone had left a scathing review about our company i have read all of the emails in this review and quite frankly im discusted at not only our customer but also this website  Having taken legal advice my understanding is that due to the case being in mediation at this stage,  naming and shaming and posting non factual information is without a doubt slander for which we have authorised a solicitor to act on our behalf  But just to make sure everyone on here has all the facts i will post all of the email correspondence between oursleves and the customer  Hopefully you will see we have gone above and beyond in this case  Hopefully you will notice the last paragraph of this customers first email is blackmail and bullying  To comply with GDPR i have removed names and email addresses  We asked this customer what would make her happy i offered £150 compensation so i instantly semt £150 compensation then this email arrived    Having thought about our conversation, it’s clear that you knowingly deceived me with the condition of the car bonnet. You clearly stated in your video that there were a few tiny stone chips along the front edge of the bonnet which had been touched in. This is to be expected in a used car and I totally accepted that. There are also a few other minor chips and a tiny dent (as mentioned) which is not noticeable and expected with a used car.   During our conversation it was clear that you knew about the state of the bonnet and said you had asked the man who cleaned the car prior to delivery how it looked. You then said to me that there are hundreds of stone chips over the bonnet, and that it would need respraying. It’s clear to me now that you were just hoping I wouldn’t notice.   I have now had two different carefully sourced independents tell me that it will cost £350 & £355 (cheapest prices I have found) to respray the bonnet. Whilst also advising me that the front wings would ideally need to be done as well to blend in. This would take the cost to around £550! Not the £150-200 stated by yourself and have been told by several businesses that I would not be able to get this done (properly) for that price anywhere in the country. Therefore, I feel I have been deceived yet again on this.   As mentioned, I chose and purchased the car due to the condition described (I had thought) very honestly in your video walkthrough and advertisement details. Also due to your amazing reviews on Google.   The car was priced at the higher end of the spectrum for the model and mileage, but I was happy with that due to the alleged fantastic overall condition. I have also been told that the stone chips would have been better off left alone as they have clearly been touched in badly and ineffectively.   Not only am I having to run around finding the best independents to look at the car, but I have clearly been compensated dishonestly.   You asked me what would make me happy, and I am now in a position where I know the true costs. I would be happy to go through the hassle of getting the bonnet resprayed (not the wings) if you were to reimburse me for the real cost of the job.    Please do not be concerned with regards to a review, as I will not be leaving one until this matter is fully resolved.   Regards Claire   GEM CARS REPLY TO THIS EMAIL   Hi Claire   You are obviously upset which we don’t want So I have a couple of solutions below I must say I’m not grumpy or mardy or angry or upset. I’m not trying to have a go or start an argument but your email did sadden me greatly I always work better with people that talk things over rather than going straight for the jugular Anyway I have addressed the comments in your email matter of fact and I have some solutions below My main priority is your happiness with the car and the outcome, but unfortunately I wont be bullied into paying over the odds for a repair You need to appreciate that to fully paint the bonnet is betterment as such its not fair to expect the full amount especially as I have sent you the full amount that we would pay already. As you have already said neither of us needs to be thinking about your stone chips all weekend so hopefully this email will be the last one   If its ok I will address each paragraph one at a time   1; I didn’t deliberately deceive anyone I clearly state that the bonnet has odd stone chips here and there and odd stone chips on the front edge (I’ve just watched my video to be sure) (those are my exact words) (please feel free to double check I’ve left the video up for you) If I had said no stone chips or one or two stone chips (like I have on other videos)  then I would agree with you but I clearly stated (odd stone chips here and there) Exactly how many stone chips would you feel is acceptable on a 10 year old car with 117000 miles on ? My wife’s brand new golf R with 5000 miles on the clock has 6 already   2; You state that its clear I already knew how bad the bonnet was because I asked our valeter, This is untrue because after you called my wife to complain I then asked the valeter if he noticed the bonnet being particularly bad before I called you back as I couldn’t remember it being that bad, Also you asked if you could get a chips away type company to just come and touch them in, I simply said there are 100s of tiny chips and it would be cheaper to paint the bonnet this was just a generalisation not an exact count of the stone chips (as I said I had to ask the valeter if the bonnet was really that bad as I could not remember) Any more than 20 chips would be too many for a chips away type repair I hardly counted all the stone chips During our conversation this is exactly what I said   3; You accuse me of deceiving you when I stated that it costs us £150 plus vat to have a bonnet painted I have sent you the copy of our pricing structure from our paint shop I told you the truth I have no reason to lie feel free to call them on Monday and check for yourself If you see option 1 below and decide to bring it to us I will happily give you a copy of the bill     4; My 18 Minute video was completely honest and I did not try to deceive anyone with the video We have sold over 300 cars off the back of my videos and you are the first person to complain I would ask you did I state in my video that the car had no stone chips? Did I say one or two stone chips? NO I DIDN’T  I clearly stated odd stone chips here and there which is exactly what it has as you would expect. I would add that when you called to complain I kindly sent you the full cost that we pay to have a full bonnet painted I didn’t argue the case as most car dealers would as we pride ourselves on our levels of customer service I simply asked you what you would be happy with as compensation and you said £150 so I sent you £150 instantly to your bank.   5; You state that the car was priced at the higher end of the market for the year and mileage yet on our Car Gurus checker it showed as £400 behind market value When you checked the prices were the other cars you looked at all one lady owner white 5 door cars with full service history (as this makes a huge difference in price) So NO I disagree our car was very fairly priced and not at the higher end The condition of the car was fantastic for a 10 year old 120000 mile car you have said yourself you are happy with it apart from the stone chips on the bonnet so I’m struggling to understand what you mean by alleged condition? If you don’t touch stone chip in, the metal goes rusty so no I disagree you should always touch stone chips in   6; You accuse me of compensating you dishonestly when I simply asked you what would make you happy and you agreed £150 which I sent you straight away I would also add that you negotiated an additional £100 off the car after you had bought it as I kindly paid half the delivery for you. When you purchase items from other stores how often do you get a discount after you have agreed to buy the item? So you actually have £250 towards the stone chips.   7; No disrespect intended by I have already reimbursed you for what would be my full costs     8; I’m unsure what you mean by “Please do not be concerned with regards to a review, as I will not be leaving one until this matter is fully resolved” To me that sounds like bullying and blackmail but I could be misreading it?   Even though I found your email very rude I still have 3 amicable solutions to offer you   1; Refund us the £150 I sent you then bring the car back and have a day out in Lincoln, it’s a beautiful place to visit we have one of the biggest cathedrals in Europe (used in the hit film the da Vinci code) the castle is stunning and the cathedral quarter has some lovely places to shop and eat we also have a large Primark We will drop you to get the train into Lincoln central and whilst you shop and eat we will get the bonnet painted for you we will give you an additional £20 towards food and fuel on us and then collect you in the afternoon and you can drive you car home with the newly painted bonnet.   2; Accept a full refund for the car and we will collect it next week   3; Accept the fact that it is a 10 year old car with 117000 miles it does have stone chips, we didn’t deliberately mislead you, we did send you £150 towards the repairs and pay half your delivery so buy yourself a Genuine colour pen for the car (£15) touch the chips in with the right colour and spend the rest on a spa day   Sincerely Mark and Gina     CLAIRES RESPONSE TO OUR EMAIL   Hi Mark,   I have addressed the fact that I do not bully or blackmail and am mortified you would take it that way!    I will address your comments by paragraph also: My issue is not about how many stone chips anyone would expect, or how many there are on your wife’s car. it is about what you stated in your video which is not up on your website now. You did not mention when you asked the man who cleaned the car prior to delivery, just that you had. Then when I asked you whether they could be rectified by way of individual chips, you said to me I could not as there were hundreds and it would need respraying (and yes, I had assumed this was an estimate not that you had counted them). This to me indicated that you knew the bonnet had more than just the odd stone chip here and there on the front of the bonnet. I stated I felt you had deceived me, because as I stated before I have been told this by professional sprayers who have been in the business a very long time. Yes, you mentioned over the phone that I was the first person to complain in over 50 cars.  Your video was under 17 minutes and appeared as if you were pointing everything out on it including the odd stone chips to the front of the bonnet. Eco a toy what I would expect is how it was shown and described. Yes, I am happy with the car itself apart from this issue. The odd stone chip touched in here and there on the bonnet was what was described and expected. I do my research and Car Gurus checker is one of many market values. Also, from the cars I had checked (and yes, a few were one owner with full service history. One with a few more miles on the clock and another with less). I did not state that stone chips should not be touched in, but that I had been told they were done badly and ineffectively and that they would have been better off left alone (which I took in the context of the conversation to mean being done properly by a professional). You asked me what would make me happy after telling me the cost would be £150 for you or more like £200 here to have the work done you had told me. I had not negotiated any discount off the car at all and had reserved at the price advertised. My ex husband was in the car business and it is anticipated and wholly accepted to negotiate prices on used cars. This can not be compared with a a general store purchase. I purchased a large value item which was not as described. The delivery cost is what was negotiated, nothing else. You reimbursed for a job which I can not get done for anywhere near the price. Yes you are certainly misreading it as I explained in our earlier communication! I am sorry if you took this the wrong way and I should have elaborated that at the time. If you need this clarified, I would be happy to get you character witnesses to confirm to you that I am the opposite sort of person to even consider that type of behaviour. I apologise again that you found my email very rude, it was not meant that way at all. I am just really upset by this whole thing.   Whether your offers are meant to be rude or not, I find some of the comments as such.   As mentioned in our earlier communications, all I want is the car in the condition as advertised. I am still happy for you to collect the car, rectify the issue and deliver back to me or a refund closer to the cost of this. Although I trust the quotes I have, I can keep searching for a cheaper price. The bonnet is not in the condition as advertised (I can count and document tomorrow in daylight if you’d like).    Regards Claire   G CARS RESPONSE TO CLAIRES EMAIL   Hi Claire When you get the bonnet painted on the golf please ask the repairing garage to email us a vat receipt in the name of Gemcars ltd and we will pay another £112.50 contribution towards the repairs directly to the garage.  This can be done on the same day so it will not affect the garage releasing the car to you We can pay this directly to them via card over the phone This will bring the total contribution to £262.50 which equates to ¾ of the total cost Normally we would contribute 50% in a betterment situation but as you obviously feel very strongly about this matter on this occasion we will pay ¾ of your £350 quotation as full and final settlement in this matter Should you feel this is still not acceptable then you can of course bring it to us and we will have the bonnet painted whilst you wait at no cost to yourself  (apart from a few hours of your time)   Sincerely Mark and Gina   CLAIRES REPLY 😳 Hi Mark,   Having sought further advice on this matter, I am now clear as to the finer details of my consumer rights.   Your offer to rectify this issue is no longer a suitable option, as it would cause me considerable inconvenience. Additionally, this option would only have been viable if you were to collect and delivery my car free of charge. Additionally, this remedy is no longer suitable due to the fact I have completely lost faith in your business.   I am within my rights to a price reduction of the full cost of works to rectify this. I am of course happy for you to pay the spraying business directly upon receipt of a V.A.T invoice for your records.   Regards Claire   GEM CARS  for complete clarity feel free to watch the video in which i not only show the stone chips on the 10 year old golf with 117000 miles i also tell you they are there     GEM CARS POST  CLAIRES LAST EMAIL   Mark,   My apologies, I forgot to ask that you please respond to the above email within 7 days.   Regards Claire  
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Following an SAR request I have had a load of bumph from the credit card company but they state they cannot send the executed agreement as they cannot locate this. How do they know it's executed if they can't find it; they don't seem to have an original or a copy. Is it game over for them?

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Blue Squirrel, it SHOULD be game over - but now that more & more people are challenging this in court - it seems the judges are interpreting the CCA mostly in favour of the CCP's (THERE'S a surprise) - we have seen re-constructed agreements get through - current T & C's accepted, so it's not quite so simple. It's a shame the very Act that was brought in to protect the consumer has now turned to protecting the financial institutions to some degree.

It really doesn't help that the FOS & OFT etc., so often rule in favour of the banks, because they don't understand the Act.

 

I guess it depends how far your CCP wants to raise it's head above the parapet if they really don't have the original agreement.

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Blue Squirrel, it SHOULD be game over - but now that more & more people are challenging this in court - it seems the judges are interpreting the CCA mostly in favour of the CCP's (THERE'S a surprise) - we have seen re-constructed agreements get through - current T & C's accepted, so it's not quite so simple. It's a shame the very Act that was brought in to protect the consumer has now turned to protecting the financial institutions to some degree.

It really doesn't help that the FOS & OFT etc., so often rule in favour of the banks, because they don't understand the Act.

 

I agree with this Ladybird17,

Sadly this seems to be the case, some very knowledgeable members are having agreements enforced in the cc.

Still its always worth giving it your best shot but its certainly not as simple as some people think.

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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I agree with this Ladybird17,

Sadly this seems to be the case, some very knowledgeable members are having agreements enforced in the cc.

Still its always worth giving it your best shot but its certainly not as simple as some people think.

 

 

In small claims I think it is more of a lottery as to the judge you get

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Hi Kathleen G, there has been a lot of discussion recently on whether the DCA (to whom a debt has been assigned absolutely) is regarded in law as the owner of the debt only, or also as the creditor, with the responsibilities as such. It would be interesting to hear your opinion (if any) on this. Hope you don't mind me asking. Thanks, Magda

Edited by MAGDA
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I agree with this Ladybird17,

Sadly this seems to be the case, some very knowledgeable members are having agreements enforced in the cc.

Still its always worth giving it your best shot but its certainly not as simple as some people think.

 

Absolutely.

 

What you need to remember is that most County Court Small Claims are heard by District Judges - or worse, Deputy District Judges. My experience with these show that these Judges, who are not legally trained in consumer law nor do they understand the Act or the regs (in the main) in a way that means they apply it consistently. Having said that, I have seen several DJ's - and even one DDJ - that knew the Act inside, out. Which is where the lottery begins.

 

The only way you can avoid the wrong judgment is to know your case in side, out and be prepared to argue your case on a legal and moral basis. The trick is to convince the Judge you know more than them, you are right and any bias they feel they should be applying (as you have had benefit of credit under an agreement) should be put to one side. The best way to do this is with legal precedence, which is where CAG and the likes come in.

 

If you don't know your own case and appear to lack confidence, or you aren't prepared to put the time in to prepare properly so you appear that you do, you may as well not bother starting out, IMHO.

 

What I find so interesting is that our opponents, being officers of the Court, are so willing to mislead, downright lie and pervert the course of Justice in such a way that this sort of result comes around. Anyone that suffers as a result of that, should seriously consider making a formal complaint to the Solicitors Regulation Authority and to their MP's. Those with formal training, (which we and these Judges are not) should bear their responsibilities more appropriately, IMHO.

Edited by car2403
Thanks Paul

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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District Judges - or worse, Deputy District Judges. My experience with these show that these Judges, who are not legally trained nor do they understand the Act or the regs (in the main) in a way that means they apply it consistently.

ERM you may wish to reconsider this statement as it if factually incorrect and misleading

 

DJ's and DDJ's are legally trained, it is Magistrates who are not

 

Magistrates rely upon a clerk to tell them the law but DJs are fully and legally qualified:)

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ERM you may wish to reconsider this statement as it if factually incorrect and misleading

 

DJ's and DDJ's are legally trained, it is Magistrates who are not

 

Magistrates rely upon a clerk to tell them the law but DJs are fully and legally qualified:)

 

Oh yes, I meant to say not legally trained on consumer law...

 

I'll edit the post - thanks, Paul.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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In small claims I think it is more of a lottery as to the judge you get

 

the main trouble with County courts I think is that there is a balance of probability and so some judges believer they use this when ruling on CCA issues - they dont realise that the act doesnt allow them this discretion.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Hi Kathleen G, there has been a lot of discussion recently on whether the DCA (to whom a debt has been assigned absolutely) is regarded in law as the owner of the debt only, or also as the creditor, with the responsibilities as such. It would be interesting to hear your opinion (if any) on this. Hope you don't mind me asking. Thanks, Magda

 

This is in the definitions section of the CCA 1974:

 

“owner” means a person who bails or (in Scotland) hires out goods under a consumer hire agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer hire agreement, includes the prospective bailor or persons from whom the goods are to be hired;

Hope it helps!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Hi all,

 

got a MAJOR problem with a interim charging order, please help -

 

Thread -

 

HERE

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Absolutely.

 

What you need to remember is that most County Court Small Claims are heard by District Judges - or worse, Deputy District Judges. My experience with these show that these Judges, who are not legally trained in consumer law nor do they understand the Act or the regs (in the main) in a way that means they apply it consistently. Having said that, I have seen several DJ's - and even one DDJ - that knew the Act inside, out. Which is where the lottery begins.

 

The only way you can avoid the wrong judgment is to know your case in side, out and be prepared to argue your case on a legal and moral basis. The trick is to convince the Judge you know more than them, you are right and any bias they feel they should be applying (as you have had benefit of credit under an agreement) should be put to one side. The best way to do this is with legal precedence, which is where CAG and the likes come in.

 

If you don't know your own case and appear to lack confidence, or you aren't prepared to put the time in to prepare properly so you appear that you do, you may as well not bother starting out, IMHO.

 

What I find so interesting is that our opponents, being officers of the Court, are so willing to mislead, downright lie and pervert the course of Justice in such a way that this sort of result comes around. Anyone that suffers as a result of that, should seriously consider making a formal complaint to the Solicitors Regulation Authority and to their MP's. Those with formal training, (which we and these Judges are not) should bear their responsibilities more appropriately, IMHO.

 

Car, what is the difference between a DJ and a Deputy DJ? The 2 Deputy's I have had have known nothing, the 2 DJ's I had did.

 

Also, I will be complaining to the SRA about the sols in my cases as I agree with you that they should not even be allowing these to be defended. They should be telling the banks that the law says it's unenforabable and they can't defend it in court....but no, they wouldn't want to do that.....they may lose the contract, eh?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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This is in the definitions section of the CCA 1974:

 

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Hope it helps!

 

Thanks Uni - I've got quite a lot of info on the subject now - the posts from Suetonius, Aktiv and Pt have been really helpful, and those from other people as well, but I saw that Kathleen Goddard was online (she is a solicitor specialising in Company Law among other things) and at the moment I'm trying to get as many opinions/facts on this subject as possible, before I finally use the end result against Link:). Worth a try anyway! thanks again, magda

Edited by MAGDA
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Car, what is the difference between a DJ and a Deputy DJ? The 2 Deputy's I have had have known nothing, the 2 DJ's I had did.

 

Also, I will be complaining to the SRA about the sols in my cases as I agree with you that they should not even be allowing these to be defended. They should be telling the banks that the law says it's unenforabable and they can't defend it in court....but no, they wouldn't want to do that.....they may lose the contract, eh?

 

From the Judiciary website;

 

District Judge

 

District judges are full-time judges who deal with the majority of cases in the county courts of England and Wales.

 

Their work involves: dealing with civil disputes such as personal injury cases; claims for damages and injunctions; possession proceedings against mortgage borrowers and property tenants; and, claims for reasonable provision out of the estates of deceased persons. Many district judges will also deal with bankruptcy petitions, as well as the winding up of insolvent companies

 

Judicial Profiles - District Judge

 

Deputy District Judges

 

A deputy district judge is appointed to sit in the county court or in a High Court District Registry to case manage and try civil, family, costs, enforcement and insolvency cases. They try small claims and fast track cases, family ancillary relief hearings, hear interim applications and make procedural directions preparing cases for trial. Their jurisdiction is broadly similar to that of a full time district judge although they have limited authority to deal with family cases involving children.

 

It is a fee-paid post open to any fully qualified and currently practising solicitor or barrister with at least 7 years’ experience. There is no minimum age limit for applying although a deputy must retire at 65

 

Judicial Profiles - District Judge

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Thanks for that link Car2403,

Cheers, interesting, I've spent quite a while reading 'a day in the life of a district judge', along with all the salaries available and the 'History of the Judiciary'. The sentencing scenarios and quizzes section is cool.

Edited by questioning

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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yesterday I sent a sec 78 CCa request to Lloyds tsb for my credit card. Am i correct in asuming that they will be in default if info not supplyed in 12 days and an offence if not in a further 30? and if they cannot suppy a signed agreement saying a credit agreement under cca 1974 i can ask for the accound bal to be writen off and interest to be repaid ??:shock:

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yesterday I sent a sec 78 CCa request to Lloyds tsb for my credit card. Am i correct in asuming that they will be in default if info not supplyed in 12 days and an offence if not in a further 30?

 

The 30 day offence bit doesn't apply any longer, just the default after 12+days

and if they cannot suppy a signed agreement saying a credit agreement under cca 1974 i can ask for the accound bal to be writen off and interest to be repaid ??

 

Well you can try but I think you're unlikely to suceed - suggest you read around the forum to see how to progress forward before you attempt anything.

 

FG

Edited by foolishgirl
addition

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Thanks for that.. I have been reading the threads from the early posts but things seem to have changed since 2006 ish i have used letter templates from a firm who offers to take on these cases ,they want a lot of money tho and i decided to try myself. if anyone can help with how i proceed i would be greatful !!!

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Thanks for that.. I have been reading the threads from the early posts but things seem to have changed since 2006 ish i have used letter templates from a firm who offers to take on these cases ,they want a lot of money tho and i decided to try myself. if anyone can help with how i proceed i would be greatful !!!

 

Hi Jayjay.

 

You'd be better off starting your own thread, then posting what has/hasn't happened, in which case you'll get specific answers to your questions - I have a feeling they will get lost on this thread. Here's how;

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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thanks car.. i have started my own thread i sent the letter on Friday so service will be on Monday i will see what happens from there?

 

Linked for others to follow;

 

http://www.consumeractiongroup.co.uk/forum/general/159815-cca-1974-credit-cards.html

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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  • dx100uk changed the title to Cap1 & CCA return
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