Jump to content


  • Tweets

  • Posts

    • Hi Andy Yes, its a question of what the court will enforce. the section 98 and 76 terminations are none default terminations. It is unlikely a court would give the creditor a judgement if they did not offer some kind of arrangement in the first instance. They did permit the overdraft.   You are right in saying it is not as cut and dried as in say a running account agreement where there was an agreed repayment schedule on the terminated agreement.    
    • One little thought that may help alleviate that pressure. Remember that, after you've filed your Tax Return, you have 12 months (to 31 Jan 2022) to re-open/amend it, claim any more expenses overlooked - or fix any other errors - and re-submit the corrected Return online. So long as your re-submission does NOT trigger additional tax/N.I. bills then the re-submission itself won't cause any fines or penalties. Get the Return filed as accurately as you can, and pay whatever tax/N.I. is due, by the end of this month THEN, if necessary, reopen the Return to amend/re-submit asap after that. Good luck with it all.
    • This could well be a Letter Before Action.  Please redact your personal details and then upload it.
    • Thank you for your very quick response.    I am asking for (almost) a full refund, in that I am asking for monies paid to him ( I paid over this due to directly paying for certain materials eg steel beams, planning applications, engineering calcs and drawings etc)  however, I anticipate that I won't get the full refund and am realistic about this.  I just did not want to ask for the amount to rectify and then him bring it down so that I am having to pay a lot of that too. Ideally he will cover the cost of rectification, plus consequential losses plus some to cover inconvenience.   I have had 3 independent quotes for the rectification of the works, coming in at £22-26, 000 including VAT.   The main issue is the roof in the loft, the windows and patio door replacement and the ensuite shower room needing taken out and replaced due to lack of water tight-ness and drainage issues.   I anticipate that the whole roof will need replacing and possibly some of the wooden structure of the dormer due to water ingress. all the decorating will need redoing which isn't included in the costs and I will also likely need temporary accommodation.      I have not got the kind of money to fix this, all the money I had was spent on this works. I am not covered by my insurance as they say this is a consumer issue, they also aren't permitting me to use my legal cover, which I am pursuing with the financial  Ombudsman service.     I don't believe a loan to be an option for me as I will be seeking one for IVF.   From speaking to him whilst he was doing the job, he does have money- kids in private school, nice house, flats they rent out, decent cars etc but whether the assets are in his name I do not know, how would I find this out?   Do you know what the type of inspection would be or who I would approach to do such an inspection?    
    • Hi DK, i put in my defence that I wish to show a video entering the car park and pictures to show the T & C.  They are there but it would be dangerous to stop the car and read these as they are at the entrance to the car park you cannot safely walk down to them to read    There are no signs where the driver parked. And no T & C at the pay stations.  I believe no contract can be enforced because you cant read the T & C .  
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Peter McNamara recording for court


Please note that this topic has not had any new posts for the last 5001 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

Hi

 

Does anyone have the Peter McNamara recording that I can get a copy of for court please. Would appreciate help as I'm preparing the document for court and need to post it today so would like to put on it I will be in possession of this tape/recording.

 

Thanks

 

Joan

Link to post
Share on other sites

joan

 

the senior mods may have other ideas but i wouldn't get carried away with good wheezes like that, if i were you. the judge is there to decide on matters of law, not listen to the opinions of people like him, irrespective of how elevated a postion he held. the key thing is that these are penalty charges designed to deter you from breaching the contract and, as such, unlawful.

 

here is what they have to say on their website;

 

Lloyds TSB - Current account charges

 

If you make a mistake

We understand that everyone can make mistakes from time to time. This is why we won’t charge you fees the first day you go overdrawn without agreement, as long as you haven't done so in the previous 12 months.(Whoopee!)

 

the words "without agreement" mean that you are breaching the contract. i think it is an admission that the charges will override the existing agreement if you breach and are specifically to stop you or penalise you if you do. and that is what makes them unlawful as the law regulates this.

 

i only mention this as someone posted a reply from SC&M saying that they weren't penalty charges.

Newacre

LoydsTSB - £4,158.82 inc interest @16%

SARS request - July 06

Prelim letter - 19 Sept

Letter back saying how devastated all the lads at Head Office were to hear... - 31 Oct 06

LBA sent - 8th Nov 06(had to send a 2nd as Royal mail lost it)

Summons reg at CC 15th Dec 06

Nice letter saying that they would be refunding £750, no strings! 18 Dec 06

SC&M acknowledged service and will be defending claim in full - 4 Jan 07

25 Jan 07 transferred to mercantile Court with about 50 others

06 Feb 07 SETTLED IN FULL! - £4466(includes a bit extra interest)

Link to post
Share on other sites

I'm confused!

 

Why do you need to take a radio clip recording to your bank ?

 

Sorry if I am being thick...

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

Link to post
Share on other sites

Copying it onto a CD would be better than a DVD. When you download it, it should be a .MP3 extension. Use a program like Windows Media Player or the software you got with your CD Re-Writer. Its hard telling you exactly as each software is different.

 

Regards

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

Link to post
Share on other sites
  • 6 months later...

Busy with my bundle today. Only have until next Friday to get it in.

 

I've just listened to the discussion with Peter McNamara and read the comments on this thread.

 

My case is against Barclays so wonder if Mr McNamara's comments would be deemed irrelevant.

 

Secondly given a previous poster's comment that it is only an opinion and has no basis in law, is it worth including in my bundle?

 

I don't want to give the bank any ammunition to use against me.

 

Thanks,

 

John.

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...