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    • Thank you for your response BankFodder.   First of all her employer is a care home and she is a Part Time Carer.  I do not know what the company is called but would prefer not to publish it here even if I knew.   Having read through the link you provided I would tend to agree with your opinion regarding the Estoppel standard of proof especially as she is getting 50% more than she should of been expecting.  Having said that she has had this from the very start and knowing her as I do it is possible she thought this was her monthly wages!    In her everyday life she goes from hand to mouth so there is no improvement in lifestyle unless you consider her absence from Foodbanks an improvement!   I think the solution is for her to repay at the low figure that seems to be in place but to disregard the contract requiring her to pay it back before or on leaving.  Should she give notice and work four weeks how can we stop them from witholding her last months wages?    
    • Hey,   so just received an email from CRS. Saying I have to prove I cancelled...yawn. Bearing in mind this is way over a month ago I sent them a letter! shall I just block them now? Not even respond?   this is regarding gymetc and I joined their gym online...   thanks!
    • What does it actually mean when some  one says" for clarity" you mean in your opinion really dont you?   HB Thanks, girl done well.   Acres of text to get through, are you sure I have not come across you before. Your addiction to point scoring is V familiar.   Anyway lets see if there is anything I have not cleared up already.   You say  "'ll just answer this for clarity (not for an argument). This applies to SDs made in a Magistrates' Court in order to set aside aconviction where the defendant was not aware of the proceedings."   So much for clarity. Below is what the section says information; and (b)within 21 days of that date the declaration is served on the [F1designated officer for the court], without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void.   Notice "Shall be void. not set asidIf I am going to just be correcting basic reading i am not goiong tp conti   "When a person comes before a court to make such a Statutory Declaration the court must hear it if it is made within 21 days of the defendant learning of the conviction."   Noope The regulation says the court cannot interfere with the making of a SD,again completely different   Yes if it is, but unless the SD was made within 21 days of the action they are entitled to question it. As they do in the form you reproduced by asking how the defendant knew about the case.                         Said this alreay.   To answer your next paragraph, the court will not accept a lie, if there is one, they will have the option to increase the time however I doubt they would, or do you think they would just extend it? This is the test, of course.   Again you say SET ASSIDE, it isn't, the new case cannot be started if the old one is still pending of course.   Now having demonstrated your lack of knowledge. I shall move on. Your abstinence from posting is appreciated, either way, I will have you on ignore. Nothing personal I just dont think there is anything you can tell me.   One more thing the result does not compete with anything I have actually said, and everything I have said is correct, in relation to the legislation.                
    • Here is the reply from POPLA after I complained to its chief assessor -- completely rubbish!   ---   Your complaint about POPLA   Thank you for your email, which was passed to me by the POPLA team as I am responsible for responding to complaints.   I note from your correspondence that you are unhappy with the decision reached by the assessor in your appeal against Parking Eye.     POPLA is an impartial and independent appeals service and we do not act either for the parking operator or the appellant. It is important to explain that it is not our remit to source evidence and documents from either party in support of their submission and our decisions are based on the evidence received from both parties at the time of the appeal. We cannot consider further evidence after the appeal has been completed.   You have advised that the decision issued to you on 29 October 2019 does not address the crucial points of your rebuttal.   You have reiterated your original grounds of appeal. For clarity, I have addressed each point as follows.   Regarding grace periods.   While section 13 of the British Parking Association Code of Practice stipulates that a minimum grace period should be allowed, the grace period is only applicable in car parks are required. In this car park, the entrance signs states that the site is for permit holders and service vehicles only, as such, a grace period is not applicable in this instance. You would have been aware that you did not have a permit on entering the site and I am satisfied that the assessor is correct in determining that the six minutes that you were on the site was not a reasonable period.   You have advised that there is no evidence of landowner authority and have provided a quote from another POPLA decision.   POPLA deals with appeals on a case by case basis and as such, any external factors such as other similar parking contraventions or appeals have no impact on our decision making.   I have reviewed the assessor’s comments relating to this ground of appeal and also the document provided by the operator and I am satisfied that the assessor has correctly stated that the operator has the relevant authority to issue PCN’s on this site.   You advise that no contract was formed between the driver and the operator.   The assessor has advised that the signage on the site makes the terms and conditions of the car park clear which, after reviewing the images of the signs provided, I agree with. By choosing to remain on the site, you have accepted the terms and conditions of this contract and by remaining on site for six minutes without a permit, the terms and conditions were breached.   After reviewing the assessor’s decision, I am satisfied that the outcome reached is correct As POPLA is a one-stage process, there is no opportunity for you to appeal the decision.   As our involvement in your appeal has now concluded you may wish to pursue matters further. For independent legal advice, please contact Citizens Advice at: www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).   In closing, I am sorry that your experience of using our service has not been positive. We have reached the end of our process and my response now concludes our complaints procedure. I trust you will appreciate that there will be no further review of your complaint and it will not be appropriate for us to respond to any further correspondence on this matter.   Yours sincerely Paul Garrity POPLA Complaints Team
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eviction advice neede urgently

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Hi i have been a tentant for 8 yrs at my rented property and found out my landlord went bankrupt and a possession order was made against the house so i went to court to suspend the decision and give me 2 months to find elsewhere which was granted till 23/01/2013(we were also advised by the banks client that if we had found somewhere and it moving date was a week after the 23 jan then to contact them and they would consider putting the eviction off till for a week.

 

we then found a property which would wouldnt be ready till the 28th jan so i contatacted the solictor and they agreeded to the extension,since then another creditor G E Money put another possesion order againts the house which falls on the 23rd jan so i contacted them and asked for a delay of several days and sent copies of the my tennet agreement plus a confirmation letter of the landlords of my new property showing the move in date which they asked for and also once they got this they would give us the time needed.and once they recieved this proof they then said sorry we wont agree due to another creditor also having a claim againts the propertry.

 

what i really need to know is can i go to court tomorrow(appointment at 10:30 am) will i be able to suspend the warrant againts G E money which gives me and family the days needed? thank you for taking the time to read this and if possible and speedy response would be very grateful,thanks paul

Edited by citizenB

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You will have to put your case to the judge for the stay of the warrant, take all the evidence of the move in date and the notification that one creditor has agreed to wait, the rest is down to the judge.


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Have you contacted the original Solicitor who has agreed the extension?

 

I am assuming the bank has a priority claim so I dont understand why GE Money are being so obstructive.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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we are sending out S.O.S' for you - hopefully someone will be along soon.


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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tried to today but he was unavailable till tomorrow,and yes the bank has priority as they gave the morgate while GE Money just lnt him money after he had the morgate,thank you for putting the sos out i will continue to check for replys while continuing to pack,thanks paul

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Hi, I'mm sure if you give all the details to the judge he will grant an extension - we are only talking about a few days. Do you know if your court has duty legal advisors in attendance tomorrow ?


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Am not sure if there are duty legal advisors there tomorrow as up untill 5pm today GE Money were going to agree to the extension then at the last min said no,so we were kind of having to do everything in the last min so until tomorrow we are so unsure of everything

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Thank you to all who helped with advice on this thread,just got to hope and pray we get the outcome we need tomorrow,paul

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I'm sure it'll be ok - let us know what happens in court.


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Went to court today and GE Money solicitor didn't turn but sent a fax stating they agreed to the 56 day extension,the judge also said he was going to rule in our favor as GE Money and there solicitor were any thing but helpful and he agreed that they left it till the last minute making it very hard to get before the judge which would work in the favor,thank you to all who offererd advice it was greatly appreciated.Paul:smile:

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That's great news - well done for standing up to them. Hope everything works out and you are happy in your new home :)


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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So pleased for you. well done good luck fot the future.


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Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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This is excellent news - I know this is going to be a huge upheaval as the eviction is not of your making. I hope you are happy in your new home :)


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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