Jump to content


  • Tweets

  • Posts

    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
    • Well, they trashed their last election manifesto pledges, so nothing new really is it? They just find weasel words to try to claim they haven't actually failed if you just look at it just a little squinted and in this particular way  - and are stupid.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

In Court Friday LLoyds credit Card T&C's Check please.. **DISCONTINUED**


jackreacher
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3020 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Adjourned!

 

They brought in the T&C's in the hearing.. the judge allowed them.

I said I am not accepting them or reading them despite the judge asking me to.

I simply said I am not able to determine if they are valid T& C's.

 

I moaned about being Hijacked.

I kept saying they had not complied and had months to comply with my section 78 request.

The judge did not give it much attention.

 

I stated I knew nothing about the 2003 agreement.

The judge explained the writing as someone had spotted the address was wrong and kindly filled it in before posting??

The Barrister agreed with him! LOL. Plus The T&C's were all available for me now!

 

The barrister said the 1997 was a typo judge agreed..

I then produced a letter from lloyds in the sar that referred to an earlier account..

I said it was the only pleaded date and should remain fundamental to both sides.

The Judge agreed

 

I complained about the DN not being raised and told him about Lloyds Vs Simpson and several other cases in court as we speak.

Making it quite clear I believed it had not been raised as the defective DN problem was well known.

As there was no other explanation available this must be the reason.

 

This went on for well over an hour and it was adjourned.

 

The judge ordered that lloyds produce the 1997 agreement and T&C's.. along with an explanation of how everything tied together.

A true copy of the DN and warned them about bringing any old copy in as i would have the help of the internet.

 

An explanation of the writing on the document and who where and why!

A full copy of the T& C's for 2003...

 

at that point I asked if I could keep the copy provided as evidence today then just took them.. LOL

I figured the Barrister may have just been given a wrong set at the last minute.

They have 28 days to compy and we will be back in again at the nearest time after 42 days

 

After the court I had a coffee with him and he confessed he only had the T&C's sent over this morning.

He had also asked for a copy of the DN but they had not supplied it?

I hinted that he may have been lucky because if he had produced one it may not match MINE!

Never hurts to lay groundwork.

 

He said if I had been represented and my case set out properly I would have walked it ..

That said, He felt I had done amazingly well not to lose given the judges bias towards him.

Very honest assessment in my opinion

 

I got there at 5 mins past 10 and was being called as I walked in.

The clerk looked over at the barrister and He shook his head in disgust?

 

He told the judge I was late and I replied I was in the toilet and it was 5 past 10 ..

He told the judge If I gad been there at 9.15 He could have given me the T&C's to look at so it was my fault I did not have the T&C's.

 

He was also arguing on those grounds that costs should be awarded against me as, if I had gotten There early

I would have had the T&C's and the case would not have to be adjourned. .

. The Judge agreed...

 

I have asked him to think about his decision on the grounds that I only had to be there at 10 am

and in his order he had asked for quite a few things to be produced that should have been produced under s78(1) .

 

.. He is thinking on it and suggested he may make costs on reasonableness grounds..

 

. The judge said it was the longest he had taken over awarding an adjournment for along time.

He also put on his order he did not want this case before him again. LOL

 

I will scan you over the T&C's .. I have not actually looked. I just need a break.

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

Link to post
Share on other sites

  • Replies 150
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Guest Angel235

You had a coffee with their barrister??? And they slagged off SCM??

 

Blimey that's unheard of surely??

 

They will prob send you a recon if they don't have the other agreement and as for the default notice like others have stated it's not required they will just prove it was sent

 

But well done for going and putting your point across maybe get there a bit Walter next time as it is frowned upon and things maybe able to be settled before you go in

 

I'm sure the others will be in shortly to advise

Link to post
Share on other sites

They have been ordered to supply a copy or true copy of a LLOyds Default notice and have been warned about substituting a mock up.

 

There are a lot of LLoyds Default notices that are not enforceable between 2010 and 2011 If you have one post it so it can be checked.

 

Look at LLoyds Vs Simpson there are others coming up and in appeal

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

Link to post
Share on other sites

Guest Angel235

Well I guess if the order states they have to produce the one sent then that's a win for you as they won't be able to?

Link to post
Share on other sites

you did great to avoid him before the hearing

 

they ALWAYS try and pull stunts

 

to put a LiP off balance.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Barristers do not "pull stunts" to disadvantage LiPs, they are bound by a strict code of conduct.

 

To the OP, you really shouldn't turn up late for a court hearing. Not only is it disrespectful to the court you could have found that the case had been dealt with in your absence.

Link to post
Share on other sites

Easy to say MJT.. single parent, 3 kids school run and 30 mile drive. Find parking ..

 

I was also warned this may happen and to refuse any documents. Section 78 request had been in place for 3 months. Non compliance and then magically they turn up on the day?

 

That is disrespectful to me and the court process. and yes Barristers like everyone else in society pull stunts.. I drink with a few and my brother is one. some of the tales he tells ??

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

Link to post
Share on other sites

the latter ofcourse is correct.

 

the former is sadly not.

 

if its on instruction from the claimant / dca or whatever

but the number of cases here that quite clearly demonstrate they always want a 'little chat' before going in

 

wanting to put the defendant off or on the wrong foot / frame of mind before entering is amazing.......

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Barristers do not "pull stunts" to disadvantage LiPs, they are bound by a strict code of conduct.

.

 

Don't be bliddy ridiculous, it's inherent within the profession to stretch the rules within an inch of breaking......... to a layperson its pulling stunts, to the profession its straddling the line betwixt compliance and abuse.

Link to post
Share on other sites

Easy to say MJT.. single parent, 3 kids school run and 30 mile drive. Find parking ..

 

I was also warned this may happen and to refuse any documents. Section 78 request had been in place for 3 months. Non compliance and then magically they turn up on the day?

 

That is disrespectful to me and the court process. and yes Barristers like everyone else in society pull stunts.. I drink with a few and my brother is one. some of the tales he tells ??

Well done matey, stick it up em.

Good for you're kids they'll be rightly proud one day.

Fighting injustice and sharp practice is the best lesson in life.

Well done.

Link to post
Share on other sites

You seem to have done exceptionally well.amazing that they have been ordered to produce a true copy of the dn

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

Excellent achievement Jack...thats the way to win claims...once you force the DJ to force disclosure...game over......Dont be suprised if you recieve a Notice of discontinuance as the time of the hearing approaches.

 

Well done

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

the latter ofcourse is correct.

 

the former is sadly not.

 

if its on instruction from the claimant / dca or whatever

but the number of cases here that quite clearly demonstrate they always want a 'little chat' before going in

 

wanting to put the defendant off or on the wrong foot / frame of mind before entering is amazing.......

 

dx

 

 

 

 

That's common procedure before and kind of civil case. Both barristers/solicitors will always have a chat to try and narrow the issues and try and save the Court time.

 

Very rarely will there be anything sinister about it.

Link to post
Share on other sites

  • 5 weeks later...

Hi Guys back in court again wuth this one.. I am now after some 1997/1998 lloyds credit card T& C's.

 

I am after proving what the default charges were in 97/98 any sort of proof will do.

 

Regards Jack

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

Link to post
Share on other sites

JR, I havent seen any of these on the forums :(

 

BTW, are you a Lee Child Fan :)

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

1: How can BCOBS protect you from your Banks unfair treatment

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

Link to post
Share on other sites

I am hoping someone has them and will read this and allow me a copy.

 

Never seen the film but I have read a few books. Given this nickname by my kids. I used to work directly for Michael Serpell

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

Link to post
Share on other sites

Post # 3 of the link below has a copy from 2000, so far that is the best I can do for you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?207379-Oldchap-v-Lloyds-TSB-Credit-Card.&p=2270232&viewfull=1#post2270232

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

1: How can BCOBS protect you from your Banks unfair treatment

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

Link to post
Share on other sites

Thankyou for your help.. I think this kind of helps.

 

One of the problems then claimant has is the DN refers to para 2.1 of the T&C's to fix my breach. In my T&C's para 2.1 refers to pin numbers/cheques and the card.

 

I can see that para 2.1 in these conditions on the thread refers to minimum payment.

The DN supplied by the claimant is supposed to be true copy and as such either the DN is bad or the T&C's are bad. I could not repair my breach by referring to para 2.1.

No Oft letter included either on 3 occasions.

Not enough to hang my case on but it all helps.

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

Link to post
Share on other sites

When was you Default Notice dated ?

 

Apparently there was a case heard on the Isle of Wight - District Judge Grand. Apparently LTSB did not update their templates when the amendments were made to the CCA1974 and the default regulations.

 

Their DNs from 2008 until 2011 (apparently) have omitted the information required by Schedule 2 Para 10a of the Default regs. The DJ relied upon Harrison v Link, Para 75 as authority for a bad notice not allowing enforcement.

 

I think this is to do with the exclusion of the OFT paragraph and enclosure.

 

You would need to speak to andyorch

 

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

1: How can BCOBS protect you from your Banks unfair treatment

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...