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    • FE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdfFE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdf Hi , I attached letters as described 
    • FSO is orchestra..FOS. erudio wont go anywhere near a court with this. your main issue is you keep poking the bear..and using the phone. they cant enforce them and they cant refuse back dated deferment.   get our copy of the old blank SLC deferment form from the home page of this SLC forum. filling out copies for the years you could/did not defer   send them off to erudio with a covering letter that you will not be entering into any further discussions over the issues   let 'em sweat.   as for admission, well you've got to do that anyway.
    • There's plenty information in the links I have provided which would suggest so...a deed must be witnessed ..not necessarily independent..but without three signatures its validity must be questioned.   See what your Solicitor thinks.
    • It seems there are a number of issues here. The first is that the matter was heard in your absence even though you informed the court that you would not be able to attend the hearing. It is most unusual for a court not to allow an adjournment for a minor motoring matter when the defendant has asked for one and has a good reason for asking.   Unfortunately, pleading guilty to speeding was the worst thing you could have done. They have no evidence that you were driving (that comes from you providing your details). When I asked you earlier whether you intended to ask for the usual “deal” (to drop the FtF charge in exchange for pleading guilty to speeding) I assumed you knew that you must maintain Not Guilty pleas to both matters until the deal was agreed. What I don’t understand is why you have not been convicted of speeding in view of that plea (and, as mentioned, how you didn’t land up with nine points).   The fine and costs seem to have been based on the default weekly income of £440 per week (the fine is 1.5 times weekly income). So, unless the income you stated was coincidentally £440 pw, it seems the statement of income you provided has not been used.   This is a mess, some of it down to you and some, it seems possibly down to the court. An appeal to the Crown Court is not advisable. You have not mentioned why you failed to provide the driver’s details but without you being there to offer a defence (and it’s a difficult charge to defend anyway) you were probably properly convicted of that. You were also lucky not to have been convicted of speeding. If you appeal against conviction to the Crown Court it will almost certainly fail and you may end up with a speeding conviction plus the Crown Court costs (which may be around £1k) into the bargain.   I believe your avenue of approach should be to the Clerk to the Justices of the area where the court is (details are available online from HMRC website). You should asked for the matter to be reopened under Section 142 of the Magistrates’ Court act. Paragraph 1 of that section says this:     Power of magistrates’ court to re-open cases to rectify mistakes etc. (1)    A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.   You should make your request on the grounds that you were refused the adjournment you requested, were not informed of that refusal, and therefore had no opportunity to attend your hearing. I would attach a copy of your original request. You were therefore not able to properly state your case. You can also state that you were not fined in accordance with your means (though be a bit careful with that if your income is significantly above £440 pw).   The issue really is that, faced with being unable to attend the hearing and learning only a short time beforehand that your adjournment had not been granted you were panicked into action that you had not properly considered (i.e. pleading guilty to speeding). I would not, however, put it like that (because that is what you intend to do anyway if you get a fresh hearing and are able to do a “deal”). The deal with the prosecution is conducted routinely every day and will be well known to the Clerk to the Justices, the prosecutor and the Magistrates. But you need to secure a fresh hearing, have the original conviction set aside, and start anew. A request under S142 is the only way to achieve that so I hope you succeed. You may want to seek legal advice to help you with the above. Alas to get representation in court will almost certainly cost you more than you might save but bear in mind you now have an endorsement code MS90 on your licence. Insurers absolutely hate that (because they wonder what you might have done that you didn't want to accept you were driving) and it will increase your premiums for up to five years (might be worth getting a couple of dummy quotes to see the effect).   I don't think I can help much further but if so le me know.  
    • Thanks for the response Andy.   That is correct, there is no third signature, the blanked out sections are my own name and signature. The deed was only signed by my self and the bank manager that dealt with me, so only 2 signatures.    Would you assume the deed is invalid?
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style="text-align:center;"> Please note that this topic has not had any new posts for the last 2070 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.

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Just watched the video on how to post so i went to welcome to the consumer form trid to post and it said i have to post in the right section which section relates to the consumer credit act 1974 and 2006

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I'd say either the forum for the financial institution involved or legal issues.

 

If you still aren't sure, you can post the problem here we can move it for you. :)


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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Thank you for you help,

 

can any body give me a few leads on the Consumer Credit Act 1974 section 127 sub section 3 to 5.?

 

1/ it is my understanding that the Consumer Credit Act 2006 section 15 has repealed the above section of the 1974 act? But i have been told that only applies to agreements that are made from 6th April 2007 onwards and not retrospective. can still use this section in my case filings

 

2/ If it is still usable in my case does the Carey V HSBC case null and void this section any way

I am due in county court very soon and my agreement is dated October 2006

any advice on places to check, law I can quote and where to find the relevant law, any website etc

 

3 /Some else has said that it sounds like in is unenforceable because it is pre 2007 but has not elaborated any further ?

 

4 /also can any body direct me to any Consumer credit case wins on un legible agreements which is one of my points as well

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Posts moved to your own thread in legal issues. I'm sure help will be along soon.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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I have two pdfs of the two main pages of a copy of my terms and conditions that was sent to me by a solicitor. of the bank who are taking me to court for non payment. i beleve that they are not legible and do not comply what do you think?

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Ouch. What the heck did they do to them?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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This year 2013 I had asked the solicitor that is working for the bank I had the alleged load from for a copy of my agreement and statement of accounts this went on for a few month. They said they had sent it I said I had not received it. Next thing I get a copy N244 application in the post with the copy of my contact asking the county court bulk centre to lift the stay and enter a judgement. This is when I found out that they had gone to court in 2009 and got a judgment that they themselves asked for the stay because I was paying a set amount ( I had not received any paper work( or been sent any until ) until May 2013.

I sent in a defence to the County court bulk centre I Sent in an N244 asking for a set aside. Due to non compliance services of papers and non compliance of the consumer credit act 1974 section 77,78,79

 

1st court document i received on the 15th July said that the court had been moved to my town and the hearing date was the 1st August 2013. I received a second document on the 30/31st which in appearance look identical to the first but the hearing date had been changed to 13 September 2013 so this document led me to understand the hearing date had been changed .

 

It was not until 14th of August I received a judgement order I telephoned the court I was informed that the original hearing still went ahead and I should have been also she pointed out that on the first document it said claimant hearing and on the second document it said defendant hearing everything else was identical I have now been given 14 days to enter a defence which is now 5 days

 

what i want and how to go about it ???

1/ and i would have not dishonoured the count if the second doc did lead to understand other wise

2/I want the judge to grant a 54 day date for the hearing 40 days for the claimants to comply with a data subject access request 40 days been the full allotted timed they are allowed

3/ then 14 days for me to submit a defence. because i am not on an equal foot with all the evidence and the documents they have sent are not fit for purpose and don't comply to the consumer act 1974 not legible and a cover for fraud etc. what do you think are my chances

 

See my post on what do a court except as legible I have attached two of the main document that the claimant are going to rely on

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Hello there.

 

I've merged your various threads so that the information is all together and easy for the forum advisers to find.

 

Please keep to this thread about your particular case and continue to post your queries here.

 

My best, HB


Illegitimi non carborundum

 

 

 

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If this is the quality of the copy they have sent you then it does not IMO meet the requirements of the act.

 

The copy request is made under section 77 of the CCA, the regulations determining the form and content of copies are made under section 180 of the act and are contained in SI 1983/1557.

 

http://www.legislation.gov.uk/uksi/1983/1557/made

 

The regulations state Legibility of notices and copy documents and wording of prescribed Forms

 

2.—(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.

 

Unless this provision is met the agreement is unenforceable under section 77 f the CCA.

 

It may well be that there are unenforceability issues under section 61/ 127(3-5) also but being unable to read the prescribed terms on the document you cannot tell if they are compliant or not.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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i have been told that the best way is to introduce a judicial review? for instance if i want to introduce a judicial review about the weather on a certain date i would have to get a expert affidavit from a meteorologist. which the judge has to except as fact.

who would i get to certify my judicial review. ?

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does a County court order/ judgement have to have a signature for it to be valid ?

 

Ii have been told that even though it is stamped with the county court stamp it need to carry a signature through the stamp or the name printed under stamp to make legal otherwise it fraud by misrepresentation

 

Also i was quoted UCC code which is used in the USA do we recognise it in the uk ?

 

when i send it back need to state the law and why can any body give advise.

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Can you post up a copy of the order minus personal information ?

 

Follow the instructions below in order to do this.

 

 

Dx100 – Instructions on uploading pdfs

Scan the required letters/agreements/sheets

as a picture file

remove all personal info including barcodes etc. using paint

but leave all figures and dates.

Go to one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

open a new message box here

hit go advanced below the message box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB: you can set where it goes in the post by hitting insert inline.

Then hit reply button

 

 

 

Alternatively, telephone the court from where the order is supposed to have been issued and ask them if it is genuine ?


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

 

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

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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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Hi what Court Order have you received?

 

To answer your question, no the Order does not need a signature just an official seal (stamp).

 

As for the UCC Code, this is not relevant to English law.

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I have attached the scanned copy

 

[ATTACH=CONFIG]45989[/ATTACH][ATTACH=CONFIG]45989[/ATTACH]

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in that case a bailiff orders/ judgement from the court does not need to have a judges signature only a stamp ?

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Did you submit the defence by the due date ?

 

If not, then it is likely the claimant will apply for a default judgment.


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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Yes i had put in a defence with in the time limit on there first application notice. The general order / judgement that i received the other week gave me 14 days to put a defence in which the 27th. i have sent both the solicitor and the bank a data subject request

I want to ask the court for a 60 day stay before hearing to get the document of claimants and pre-pair a defence. the document i have received are not fit for purpose and i am not on an equal footing? just not sure how to word it in or on the N244 and my witnesses statement

 

I have also been told that they do this all the time to rubber stamp it and confuse you. also make sure that you say on the N244 that you never came to the court house on that date because there next trick is to say your were there. ( bent bastards)

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I have a post on CCJ help which explains how they pulled a fast one on me i have attached the post

 

 

This year 2013 I had asked the solicitor that is working for the bank I had the alleged load from for a copy of my agreement and statement of accounts this went on for a few month. They said they had sent it I said I had not received it. Next thing I get a copy N244 application in the post with the copy of my contact asking the county court bulk centre to lift the stay and enter a judgement. This is when I found out that they had gone to court in 2009 and got a judgment that they themselves asked for the stay because I was paying a set amount ( I had not received any paper work( or been sent any until ) until May 2013.

I sent in a defence to the CCBC I Sent in an N244 asking for a set aside. Due to non compliance services of papers and non compliance of the consumer credit act 1974 section 77,78,79

 

1st court document i received on the 15th July said that the court had been moved to my town and the hearing date was the 1st August 2013. I received a second document on the 30/31st which in appearance look identical to the first but the hearing date had been changed to 13 September 2013 so this document led me to understand the hearing date had been changed .

 

It was not until 14th of August I received a judgement order I telephoned the court I was informed that the original hearing still went ahead and I should have been also she pointed out that on the first document it said claimant hearing and on the second document it said defendant hearing everything else was identical I have now been given 14 days to enter a defence which is now the 27th august

 

 

Yesterday i have sent both the solicitor and the bank a data subject request which I plan to put in with my N244.

I want to ask the court for a 60 day stay before hearing to get the document of claimants and pre-pair a defence. The documents I have received are not fit for purpose and I am not on an equal footing? Just not sure how to word it in or on the N244 and my witnesses statement

Do I sill have to do a particulars of claim and submit a defence and counter claim as well all do I don’t have all the evidence, I am not sure how to word it to get what I want

I have also been told that they do this all the time to rubber stamp it and confuse you. Also make sure that you say on the N244 that you never came to the court house on that date because there next trick is to say you were there. (Bent bastards) how to go about it ??? I just want the seta side because i believe i have a good case if you had seen the doucuments

 

I wish this was in 12 months I have just got a few law books and started studying I have helped a couple with a debt collection agency started the three letter process and they have backed off for now the look of relief on his wife’s face and feeling I got when she a week or so later that for the first time in ages that she a good nights sleep he is now looking into helping him self .

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We're missing some of the Orders so it doesn't all make sense.

 

The two you scanned up in post #4 are the same.

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I have added the the three notices that i received the first notice from the bulk centre, i submitted a defence in time I received the second notice which was issued by Stockport CC. and submitted a defence in time then i got the last notice from Stockport which looked like the date had been changed to 13th. i am not legally trained and the second document from Stockport misled me to understand that the date had been changed, I believed that i was submitting a defence to a a up and coming hearing not applying for a separate hearing.

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With respect the two notices clearly state Claimant's application to lift stay and enter judgment and the other one is to hear the Defendant's application.

 

The notices say copies of the applications are attached, were they?

 

So we know that on 1st August you didn't attend the hearing and the Court lifted the stay and ordered you to file a Defence. What exactly did you put in the Defence filed at Court?

 

Are you saying you can't file a Defence without paperwork requested. What exactly have you asked for? You made your application on 9th July, did you submit your SAR at the same time?

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Firstly let me say what a fantastic website this is and the information i have managed to get from it has helped me no end

but Ii have a few question i could do with some help with.

 

As we all know it is our signature that creates the money on a loan or credit agreement and the banks accept our agreement for the purpose of banking as cash

so they deposit our money into an account and then lend it back to us.

 

Alliance & Leicester personal finance are taking me to court for non payment of the loan. so i have a couple points i could do with some help with.

 

to show breach of contract ( non payment) they have to show loss.

 

i am in a around about way trying to show the court that the bank has to prove loss by showing that they did loan, lend, their money to to me

 

definition of to loan something. A thing that is borrowed, esp. a sum of money that is expected to be paid back with interest.

definition of to borrow. Take and use (something that belongs to someone else) with the intention of returning it.

Take and use (money) from a person or bank under an agreement to pay it back later: "I borrowed money".

 

1/ When you get your first statement from your loan bank, it shows an opening balance of X pounds.

but it does not show where the money came from? for example if i transfer money from one of my account to another account

(same bank 1 business 1 personal ) it show were the money came from, account number etc. but on a loan it does not

 

A are they claiming that they deposited cash into my account ( how can they prove this)

or they transferred funds from another account into mine then should there not be a trace

 

2/ on an old thread A&L loan agreement that was done over the telephone the copy agreement sent back to them had no cooling of option/ box does this make it unenforceable

 

3/ also on another thread RE- A&L there seems to be the same person whose signature that appears for A&L on a lot of a members loan application forms. do we have the right to ask who this person is and what position they hold within the company

 

4/ does it matter that the agreement was signed by A&L two days after i sent it back where most of the other threads seem to have had there's signed before receiving the agreement.

 

Please note since i only have 15 posts i can not contact the people directly who place the post in 2009/10 with a private message

so the chance that they still read there post of 4 years on a regulars bases will be slim so any help with my problems would be gratefully received.

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Some good questions hope you get answers it will be interesting.

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