Jump to content



  • Tweets

  • Posts

    • Wayne Ting, chief executive of e-scooter firm Lime, says there's room for improvement. View the full article
    • If you are absolutely certain* that you were parked OK, write a letter of complaint to the Headteacher and copy in the Chair of the school governors.   If you or the car were identifiable in any way from the photo (eg visible registration number, driver's face etc) I would very politely write that you resent the untrue suggestion that you had parked/had stopped/were waiting in a way that contravened any traffic regulations, and that you are sure that the school will understand that you would like an apology and a correction to be printed in the next newsletter.  (You can also clearly state that you were identifiable from the photo because other parents have mentioned it to you).   See if that works.   You don't want to go to court for defamation as you'll need access to about £10k in fees before you get out of bed.  You just want an apology and a correction.  If what you've told us is accurate, I don't see any reasonable school failing to say sorry.     *My wife is a former school governor and my experience listening to her is that very very few parents actually understand the meaning of the no stopping/no waiting signs and road markings outside schools.  Don't complain unless you are sure you weren't stopped where you shouldn't have been.
    • And they haven't offered a speed awareness course either?  (Have you done one in the last three years or is this in Scotland?)   And is one of the notices for 34 in a 30?  As Man in the Middle says, that ought to be below the level at which they take action.   (And sorry - I don't want to appear preachy - but...  there don't have to be any warnings or signs or lines on the road to advise you of the presence of speed cameras.  If you get away with an exceptional hardship argument you will need to stick to speed limits in future - whether you know there are cameras there or not.  NB Don't know if this applies to you, but most 30 mph limits are restricted roads with a system of streetlighting and don't even need speed limit signs - you are assumed to know this from the Highway Code).
    • It's up to you if you want to pay £300 you don't owe plus whatever Unicorn Food Tax with no basis in law whatsoever that they will have made up in the Letter Before Claim.   We'd prefer you didn't.   But you have received a LBC so it's make your mind up time.   So please    - post up photos of the signage in the dark that you'll have taken two months ago (post 14)    - post up details of planning permission for their signs you'll have found out after you got onto the council, again two months ago (again post 14)    - also let us know if you agree with Brassnecked's excellent letter or if you'd like to tweak bits depending on what you've found out    - upload the LBC.  Some of them are appallingly drafted and invariably contain Unicorn Food Tax which is all useful extra ammo    - also, where are you living now (post 35) and are you comfortable with legal communications arriving at your parents'?   If you look in our PPC Successes thread at the top of the page, you will see 275 times these cheats have been seen off with their tails between their legs (and all had the same "well known legal companies" (ho! ho!) on hand).  In reality 275 times is a massive underestimate, in all 275 cases there was a "moment of victory" IYSWIM where the PPC were thrashed in court or discontinued a claim or were called off by a supermarket chain, etc., etc.  There will have been at least that number again where they were told to Foxtrot Oscar and then crawled back under their stone.  They are eminently beatable but logically when you're in legal dispute you have to put some graft in to beat the other party.
  • Our picks

Please note that this topic has not had any new posts for the last 2882 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Once a loan has defaulted CONTRACTUAL interest cannot be charged at a ursury rate, which is what they are trying to get away with. Basic breach of contract law there.

 

I don't believe in 'going for the full legally pleaded defence' when it is blindingly obvious the particulars of claim are enough to cause the company nightmares.

 

We need to know the legal team dealing with this as this again gives us vital clues as to how to do the defence.

Link to post
Share on other sites
  • Replies 65
  • Created
  • Last Reply

Top Posters In This Topic

Ok thanks sillygirl1,

 

do you have the draft defence you have done that I can use? I really appreciate your help with this.

 

In terms of the legal team, it looks like its just a department within quid market, it doesnt give anyother details or names.

Link to post
Share on other sites
Once a loan has defaulted CONTRACTUAL interest cannot be charged at a ursury rate, which is what they are trying to get away with. Basic breach of contract law there.

 

 

This is incorrect.

Link to post
Share on other sites

Really appreciate your help on this and I thank you for doing a defence for me, real shame it has posted on here. Cant work out why. Does anybody else have any ideas or can anybody else help me with a defence as I am running out of time. Many thanks!

Link to post
Share on other sites

Where are the Particulars of Claim guilfoyle? ..if you could re post.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

The particulars of claim are -

 

"Repayment of short term loan paid direct into the defendants bank account on 25/01/12. repayment due on 28/02/2012, loan not repaid on due date by defendant as per loan areement.

Proactive written and telephone attempts to communicate with Defendant as per loan agreement has failed to achieve resolution, repayment or acceptable repayment planlink3.gif. As per our loan agreement a daily rate of interestlink3.gif has been charged since default."

Link to post
Share on other sites
Also Andy, sillygirl posted a defence for the second time which I saw on here and then I few minutes later it has gone again! why would that be as I really need to use it?

 

It has been unapproved. Please hang fire :)

Link to post
Share on other sites

Site team have now been informed I am no longer taking an active role in this part of the forum - I am not legally trained and am not putting in legal stuff in defences as it often leads to further problems I cannot help with.

 

Sorry but this is now the third time a particular site person has intervened on something that was not needed nor commented or reported on as being a problem.

Link to post
Share on other sites
Site team have now been informed I am no longer taking an active role in this part of the forum - I am not legally trained and am not putting in legal stuff in defences as it often leads to further problems I cannot help with.

 

That's a very sensible decision.

 

Best wishes.

Link to post
Share on other sites

Guilfoyle I will draft you a suitable response shortly...just bear with me.

 

Regards

 

Andy

  • Haha 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Just to enlighten you, "1st Stop" pay day loans took me to CC and tried to take all the money from my wages - I wrote back to the CC and it was agreed I pay them £20 per month.

 

So, "1st Stop" have taken me to court, but surely I can't be the first that this has ever happened to?

Link to post
Share on other sites

Take a read of this thread for now Post#39 contains the defence...then we can finalise a draft.

 

:- http://www.consumeractiongroup.co.uk/forum/showthread.php?362955-safe-loans-court-papers-issued-20-08&p=3989451#post3989451

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

What date is on the summons guilfoyle?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

You have until the 4th December to submit your defence ( 33 days ....2nd Nov) 5 deemed served so 28 (14 to AoS and a further 14 to submit your defence) =4th Dec.

 

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Hi Andy,

 

Thanks for the link, I've had a look over and still unsure how to start my defence. Are they allowed to charge the interest they have? and also can I mention anything about the harrasment phone calls each day at my place of work and the fact they told the customer service people where they were calling from etc?

Link to post
Share on other sites

Hi guilfoyle

 

Every defence is unique as is every Particular of Claim...we can run through the finer detail next week... don't worry about the draft for now..just gather as much information as you can..history/paperwork..I will sort the draft defence for you.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...