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    • The other cases aren't going to happen before November though, are they? Reporters are saying he can't pardon himself for a state conviction. He would have to lean on the governor of New York state, as I understand it.
    • I am requesting your assistance to how I should go about a serious breach of my privacy that occurred during my stay at one of IHG’s hotel on Ma 2023. Having previously had items taken from my hotel room elsewhere I take the added precaution of using a security camera app on my device whenever I stay in a hotel room. The recordings are date and time stamped and it cannot be adjusted by the end user.   On this particular occasion I discovered evidence from my personal security camera recordings of a spy camera had been placed underneath my door, and can be seen moving along the base of the door for approximately 15 seconds.   The spy camera is in fact marketed as an inspection device of drains primarily but is known to be used in observing spaces difficult to enter. It is a usb endoscopic camera that has a length flexible cable that is semi rigid and can negotiate any obstruction by bending. The operator can be up to 3-4 metres away.   Infuriated as I had previously stayed with them in 2022 for 3 months at £260 per night that they would seek to question my honesty and invade my privacy. I immediately called reception and asked why they would do such a thing and if they had any concerns they were welcome to inspect my room and go through my personal belongings and ask me anything they wanted to. I was sleeping for the best part of my stay and was alone throughout.   I sent the recordings to the receptionist within the hour of finding them and I asked to speak to the manager of the hotel who I was told wasn’t present. I tried to have face to face meetings with him but he instead wrote to me denying the recordings were made at their hotel stating that they didn’t observe anyone in the corridor at the time of the recordings and that they don’t have a metal bar at the interface of the tile and carpet which corresponds to the overlying door. I rejected that statement on the grounds the video doesn’t show a bar but a reflection of light on the tile and you wouldn’t see a person outside my door because the cable is black and runs along the floor. If you don’t look for this you won’t see it. The matter was passed up to the area manager and he also denied the allegation. This is where the matter ends as far as IHG are concerned. Leading a busy work and family life I let the matter go but I found myself back at the same hotel a year later. I booked for  2 nights and was given a room facing the lobby door that led to the lifts. Unfortunately, from the hours of 3am I was woken up by the noise of the door opening and closing but also noticed shadows of a person standing in front of my door. At first I took no notice and put this down to a guest waiting for someone but the person or persons returned several times, standing outside my door for up to several minutes. I called the hotel reception and asked if there was an issue  on my floor and they said they would come up to check. They never said they would check the CCTV and as the incidents continued to happen up to 8am I called them 6 times. Given my past experience I didn’t think they took security as serious a# her establishments and made them observe the Cctv and let me know. The explanation I was given was that they could see residents there but they were heading down to breakfast. The time that I had noticed these feet by door was from 3am and breakfast started at 6.30am. It also didn’t explain why they would stand by my door for anything longer than 10seconds and if they were waiting for someone how likely is it that this scenario is played out 6 times when there was only 12 rooms per floor. Later that morning when I went down for breakfast the manager said he would move me to a room at the end of the corridor and asked me what my plans were for the day, essentially when would I be in the hotel. I stated that for the day I was out. He then said that all his staff were uncomfortable about me being a guest and said that I was not welcome there anymore. I had paid for the two nights but when it came to the end of the day I didn’t feel that I would be able to rest at the hotel given the hostility so I returned the next day to collect my remaining belongings, namely items of clothing, an iPhone charging cable and plug, and toiletries. Checkout was at 2pm and I was at the hotel at 3pm. All my belongings were gone and they couldn’t locate the items.  I plan to report the incident of the spy camera to the police, as well as the theft, and write to the hotel emphasising that this breach of privacy is unacceptable and the hotel's failure to properly investigate and address the issue is deeply concerning. The fact that I requested security checks to ensure my safety in the early hours was reasonable, yet their response to ban from the premises was excessive and even possibly discriminatory as I had revealed to them that I had been a victim of a hate crime given my sexuality. . I am seeking compensation for the infringement of my privacy, the lack of proper investigation, and the being humiliated and made to feel like an undesirable. I will request a full refund of my two-night stay totaling £390. Additionally, I will request compensation for the cost of my previous stay when the infringement occurred, which was £220. I am also considering damages for the infringement of my privacy but at a loss as to what this would equate to. I will close the letter giving them a 14 day timeframe to respond.    Is there anything you feel i need to consider here? Many thanks   
    • oF course, this is all just the start. trump is dragging it out as much as possible hoping to pardon himself, but the barrier the yanks had about admitting that a pres could be such a piece of err work has been broken and there is many more to come. His current criminal charges are extremely unlikely to result in jail time or anything other than fines  - but with some of the other charges - jail is pretty much mandatory - especially for one not only not on a first offense - but with others stacked up
    • Indeed, it’s all up to date at the moment and no missed payments and no issues from a credit file perspective everything is up to date in that sense 
    • follow it thru, plenty of time to poss arrange a tomlin or consent later on. ............   pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] .............. dx
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Sick vs CAI Finance / Moon Beever / Lloyds TSB Overdraft***Settled by Consent***


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From what I can see I think I have 2 choices. Try for the set aside and get my application into the court today paying cash for the fee and ask that the 'order for questioning' be stayed pending the outcome of the set aside request.

Or

Ring the claimant and offer them some money to go away. I can't see them accepting much less than they have the ccj for as they have the ccj now unless I tell them I can't pay the whole amount.

Not sure I can cope with the additional stress?

Anyone's advise would be appreciated?

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Or simply submit a N245 to request a manageable monthly payment and to halt the Order for Questioning.

 

Andy

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You wont get a set a side for a family bereavement sick IMHO.

We could do with some help from you.

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The N245 fee is £40 or you may be exempt if on low income.Set a side would be £80 which I think would fail.

Considering what you have had to deal with of late Sick I don't think you need any further hassle and stress.I would chalk it down to a loss and a lesson and concentrate on your family.

 

PS It would not become statute barred in December the clock stopped when they issued the claim.

 

Regards

 

Andy

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The N245 fee is £40 or you may be exempt if on low income.Set a side would be £80 which I think would fail.

Considering what you have had to deal with of late Sick I don't think you need any further hassle and stress.I would chalk it down to a loss and a lesson and concentrate on your family.

 

PS It would not become statute barred in December the clock stopped when they issued the claim.

 

Regards

 

Andy

 

Thank you Andy. I've been looking at the paperwork and moon beever said they sent me further documentation 2 days after the assignments but I've no record of another letter. I'm going to ring the sols in the morning. Appreciate your honesty Andy thank you.

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Thank you Andy. I've been looking at the paperwork and moon beever said they sent me further documentation 2 days after the assignments but I've no record of another letter. I'm going to ring the sols in the morning. Appreciate your honesty Andy thank you.

 

More confused than ever.

Checked noodle this morning after speaking with the sols to request a copy of the letter they apparently sent in September which they are re sending today.

Noodle has this account on twice.

One by Lloyd's bank shows start date of June. Default of dec 2008. Feb 2008 said ok. March changed to AA what ever that means and by June 2008 it was BB? This is the Lloyd's bit. This also shows as an unsecured loan but they say it's an overdraft. I honestly don't think I would have owed anywhere near this much on an overdraft. They are sending me copy statements from 2006 to 2008 which was apparently in the letter from September.

It's on again as 1st credit same details with regards to start date and default date and as an unsecured loan!

Any idea how I double check what what's right please????

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Please can someone help me. I've been and dug out some paperwork and I was right this IS NOT AN OVERDRAFT!!!!!! It's a personal loan!!!!

They have got a default judgement and a solicitor has confirmed it's an overdraft!!

Please help I'm fuming and I don't know what to do.

A solicitor from moon beever has signed a STATEMENT OF TRUTH for the court saying it was an overdraft. Hoe can they not know???

Please I know it's late but can anyone please tell me what I need to do now??

Many thanks

Really really sick as a chip!

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If you wish to go back and argue the claim then that can only be done by a set a side.......but getting the set a side we have already covered......its your call but it could be a waste of £80.

 

Andy

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If you wish to go back and argue the claim then that can only be done by a set a side.......but getting the set a side we have already covered......its your call but it could be a waste of £80.

 

Andy

Does it not matter about the solicitor not telling the truth on the poc and then a statement of truth?

Can they lie on a county court claim?

I believe it just goes to show they can't even get the agreement type correct.

Is that not enought for a set aside? That the particulars of claim are not correct.

I know I have to be careful about how I know this is not an overdraft.

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In all honesty they would just change the particulars of claim and then it proceeds again...but its not a valid point to set a side...the court would state you had your chance to defend at the time.

 

Andy

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  • 2 weeks later...

After careful consideration and after speaking to the claimants solicitor I have decided against great advice (andy) that I need to give the set aside a try. I have completed the form and said I am relying on my witness statement. I'm going to post it up if anyone would kindly have a look over it for me please make sure I'm not making any massive obvious mistakes???

 

WITNESS STATEMENT OF SICK AS A CHIP

 

My full name is SICK AS A CHIP

I reside at MY HOUSE

I make this statement in my defence. This statement is true to the best of my knowledge and belief.

1. I received a N1CPC Claim form dated 21ST January 2013 from Northampton County Court. Amount claimed was £35XX.XX plus costs totalling £3670.44.

2. I returned my Acknowledgement of Service to the court.

3. I then sent on 1st February 2013 a CPR 31.14 request to Moon Beever, 260 Avenue West, Skyline 120, Great Notley, Essex, CM77 7AA, recorded delivery,

4. Proof of delivery on 6th February 2013. copy of proof of delivery can be supplied.

5. On the 16th February I again wrote and faxed Moon Beever Solicitors requesting an extension to file my defence as my CPR 31.14 request had not been acknowledged nor any of the requested documents provided.

6. Letter from Moon Beever dated 21st February stating they were willing to grant me an extension to 21st March 2013 to file my defence while they located the requested documents from my CPR 31.14 request and enclosing a letter of assignment and a letter confirming date of assignment stating the other documents requested have been requested and they hope to revert to me shortly. Copy letter can be provided. Notice of assignment provided with amout stated as £33xx.xx. (£126.44 different from claim amount excluding costs)

7. On Friday 22nd March my Mother un-expectantly died in her sleep, death certificate and post mortem report can be provided on request to show circumstances, at which point having already lost my father at age 13 I and my 2 siblings became executors of her estate and had to arrange her funeral.

8. My deadline for filing a defence was missed and a default judgement was issued on 10th December 2013 from Northampton County Court for £37xx.x (plus costs totalling £39xx.xx)

9. I then received a N24 direction order stating the stay on proceedings had been lifted and default judgement had been granted without a hearing. Attached to the order was an Application notice from the claimants solicitors Moon Beever dated 19th November 2013 with a signed statement of truth.

10. Having not received the letter mentioned in the statement of truth dated 24th September I telephoned the claimant solicitor to request a copy of the letter.

11. I received a copy of the letter and enclosures I have attached a copy with my statement where in paragraph 2 Moon Beever state that there is no requirement for an overdraft facility to have an executed agreement. In the enclosures page 4 paragraph 2 highlighted clearly states that the claim is subject to a written agreement.

12. I wholly dispute that this is an overdraft agreement as alleged by the claimant in there particulars of claim and also in a written statement of truth by the claimants solicitor on the application notice dated 19th November 2013. I do not believe the solicitor in this case has infact read any of the documents in this case and has stated that this is an overdraft when in actual fact this is not a current account reference number for any account I have ever held with Lloyds TSB the original creditor. I have written a formal complaint to Moon Beever regarding the solicitors not following any pre court protocol in reading documents sent out.

13. I note however I am still outstanding the following documents from my CPR 31.14 request:

Ø Overdraft conformation and terms and conditions

Ø Demand/termination notice

Ø Notices of sums of arrears

I, the Defendant, confirm the facts in this my statement are true and I believe I have a real prospect of defending this claim.

Signed ……………………………… sick as a chip

Dated 28th February 2014

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Having only read your witness statement, just like the judge at the set aside hearing, I don't really understand why you say you have a defence. Is it that they said it was an overdraft and you say it's not? You also seem to say it's not a current account either, what was it?

 

Also, don't accuse the solicitor of not having read the papers. All that will do is annoy the judge and make it seem like you have nothing of more substance to say in your defence.

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One more thing, don't say that you have evidence. Take copies and attach them to your application, bring the originals to the hearing. It's no good producing documents on the day that haven't been seen previously or, even worse, not producing the documents and all and just saying "you can see them later if you want".

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Thank you for your reply. It is not a current account nor an overdraft. I can't think of a better way to say that the solicitors have got it wrong but will welcome any suggestions. I'll copy and Mark up each document I'm referring to but am reluctant to do that with a death certificate and postmortem report do you think it will make a difference?

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Sorry your main question was what was my defence. I dont have one as I have not been supplied with the information I have requested which is why I want to start again if possible with a set aside. I had previously adhered to all the timescales and my record keeping prior to my mum's death was perfect. I honestly know this is my fault but I do believe things would have turned out differently had I not been in such a state over my mum. I know I could be throwing my set aside fee away but I need to do myself justice and try to sort my mess out! Thank you for your reply

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Hi i have amended my statement to accompny my set aswide. Any opinions if this is any better???

Many thanks:|

WITNESS STATEMENT OF [NAME][/SIZE]

 

My full name is sick as a chip

I reside at my house

I make this statement in my defence. This statement is true to the best of my knowledge and belief.

1. I received a N1CPC Claim form dated 21ST January 2013 from Northampton County Court.

2. I returned my Acknowledgement of Service to the court.

3. I then sent on 1st February 2013 a CPR 31.14 request to Moon Beever, 260 Avenue West, Skyline 120, Great Notley, Essex, CM77 7AA, recorded delivery,

4. Proof of delivery on 6th February 2013.

5. On the 16th February I again wrote and faxed, fax transmition report enclosed, to Moon Beever Solicitors requesting an extension to file my defence as my CPR 31.14 request had not been acknowledged nor any of the requested documents provided.

6. Letter from Moon Beever dated 21st February stating they were willing to grant me an extension to 21st March 2013 to file my defence while they located the requested documents from my CPR 31.14 request and enclosing a letter of assignment and a letter confirming date of assignment stating the other documents requested have been requested and they hope to revert to me shortly.

7. On Friday 22nd March my Mother un-expectantly died in her sleep, post mortem report can be provided on request to show circumstances, at which point having already lost my father at age 13 I and my 2 siblings became executors of her estate and had to arrange her funeral.

8. My deadline for filing a defence was missed and a default judgement was issued on 10th December 2013 from Northampton County Court.

9. I then received a N24 direction order stating the stay on proceedings had been lifted and default judgement had been granted without a hearing. Attached to the order was an Application notice from the claimants solicitors Moon Beever dated 19th November 2013 with a signed statement of truth.

10. Having not received the letter mentioned in the statement of truth dated 24th September I telephoned the claimant solicitor to request a copy of the letter.

11. I received a copy of the letter and enclosures I have attached a copy with my statement where in paragraph 2 Moon Beever state that there is no requirement for an overdraft facility to have an executed agreement. In the enclosures page 4 paragraph 2 highlighted clearly states that the claim is subject to a written agreement.

12. I wholly dispute that this is an overdraft agreement as alleged by the claimant in there particulars of claim and also in a written statement of truth by the claimants solicitor on the application notice dated 19th November 2013. My credit file shows this as an “Unsecured Loan”.

13. I note however I am still outstanding the following documents from my CPR 31.14 request:

Ø Overdraft conformation and terms and conditions

Ø Demand/termination notice

Ø Notices of sums of arrears

I respectfully request a stay to the Order for Questioning at Morpeth & Berwick County Court on xx March 2014 at xx pending the outcome of my Set Aside application.

I, the Defendant, confirm the facts in this my statement are true and I believe I have a real prospect of defending this claim.

Signed ………………………………

Dated 28th February 2014

Edited by ims21
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Frankly, I'm still struggling to understand what your defence is but it may be that I'm simply failing to understand. Maybe others will comment on whether or not they understand it and we can see if the problem is with me or the statement!

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So basically it boils down to the fact that you have a judgment for an overdraft...the claimant did not plead the correct particulars...it is in fact a personal loan...Sick if the particulars were correct and they stated Personal Loan account number xxxxxxxxxxx what would your defence be then?

 

Regards

 

Andy

We could do with some help from you.

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