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    • Dwf have contacted me by telephone  I haven’t confirmed anything 
    • Now received a pack from Barclays Marked " Personal Data Request" and "Start of Right of Access Response" It was sent by their General data protection Team and includes details for a loan account and a credit card. The loan details includes a copy of a signed Credit Agreement regulated by the Consumer Credit Act 1974, signed by me and dated 2/9/2004. It refers to Terms and conditions overleaf, but copies of these were not included in the package just received. The Original Loan expiry date was September 2009. Barclaycard: Their records indicate Last Billed 15/03/2024 (not rcvd. by me) Last date account in order and not delinquent 15/03/2024. Date account closed 31/12/9999 (!), They show "Account not in Collections" and last payment posted 16/04/2007(!) also Last Payment Recorded as 02/10/2023. In their memo Details section: Section 78 Outcome "unenforceable" recorded on 12/10/2023. As stated in this thread, I had been paying off both the loan and card. I had stopped paying the card but am still paying the loan's nominal monthly payments.  
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    • Massive apologies. That makes absolute sense, and I should have considered that first. I am sorry. I had wanted to provide a copy of the case file which I had sent to myjar. I am really sorry. I understand your point, the issue I have is that because I suffer from bipolar I took out a load of payday loans, I tried going through resolver and asked that they consider writing off the loan this was in 2020. I had previously changed my name, and Myjar responded to me in my new name. The change was both my first name and second name. The document I sent listed the information there. Despite this, every communication I have received from them has been in my former names. I requested they read the first page of the document, which literally listed my details and answers to their questions. They refused to do so, so I told them to go ahead and bring me to court. Interestingly they have now contacted me about another loan with a separate company which is unrelated to this but uses the information that I supplied in the case file. Given that they would not act upon the information supplied in the case file, would this stand in a court of law (in which case the debt is not statute barred)? If this information, which they would not act on, is not relevant, then it would be. They also called me for the first time yesterday under my newer number and old name. They asked if I knew anyone who called (my former name). I said no and put the phone down. I had previously gone to (The financial ombudsman) but been told that due to Myjar failing they could not help. I'm not sure where I stand, I'm sorry for rambling and for not thinking in the first place.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Got a ticket for parking in Threadneedle Street EC,

 

the kerb markings were there and not very visible,

couldn't see the restriction sign on a post,

 

when I got the ticket the sign was planted on a wall quite high up,

 

do I have any grounds to appeal and is it worth it.

 

Do the council have the obligation to ensure kerb markings are clear and precise rather than broken and not very visible,

 

I also notice the vehicle in front of me didn't get a ticket as I asked the driver

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Can you give more details.

 

What is the contravention stated on the PCN?

 

The council does have to maintain signs and lines in a clear fashion. I would guess Threadneedle Street has double yellows? What are the kerb markings you mention?

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the contravention is parked where there is a loading restriction, the kerb blips need to be clear and the sign or signs also need to be clear showing (as you have said single line on kerb) the times the restriction is in place.

the first sign needs to be within 15mtrs of the start of the restriction and the next needs to be within 30mtrs of the restriction, do you have any photos of where you were parked? hope that helps

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Can you check Google Streetview to get an idea of where the sign is? It's probably correct if it's wall-mounted (no need for them to stretch the regulations as far as the nearest lamppost), but in any case, if the kerb markings indicate a loading ban, and are not clear, that might invalidate the restriction - depends what kind of state they are in.

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  • 4 weeks later...

Just a quick one, got a ticket for being parked on Threadneedle street London EC. when I checked the double yellow line, there is no T-bar at the end of the yellow line and on the other side it becomes a red route line after the double yellow, also the kerb markings are not very clear, restriction sign was on a wall which I didn't see and was from 0700hr to 1900hr. is there grounds to lodge an appeal on the grounds the Double Yellow lines didn't have the T-bar or the kerb markings were faded

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Didn't you post this before?

 

Absence of a T-bar is not grounds to win an appeal.

 

Kerb markings may or may not be sufficient - we'd need to see a photo to make a judgement.

 

If the sign is in order, and you were ticketed for the correct contravention at the correct time of day, then that would be valid. We'll need to know what the contravention is, stated on the PCN, and what time you were ticketed.

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