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    • reading the order is quite difficult for me. this is a letter (names and addresses taken out) that i sent in which is what i assumed i needed too. court.odt
    • Thanks for the message jk2054   I have just been drafting what I want to say and I think its best to focus purely on the supremacy of contract. The reason being that I dont want the judge to start focusing on other parts of my witness statement when surely just the supremacy of contract section alone should be enough to get this dismissed.    The crux of my defense revolves around the principle of Supremacy of Contract. When I purchased my flat in December 2016, the contract explicitly included ownership of parking spot 112, as delineated in the lease documentation provided in Exhibit 1. This documentation unequivocally establishes my right to use and occupy this parking space. Furthermore, the subsequent exhibits, particularly Exhibit 3, clearly depict the marked boundaries of parking spot 112, corroborating my ownership as stated in the lease agreement. Additionally, the official register of title, presented in Exhibit 4, reinforces this ownership claim. Moreover, I draw the court's attention to relevant legal precedents, such as Pace v Mr N and Link Parking v Ms P, which demonstrate that parking companies cannot override a tenant's right to park on designated property. These cases serve as persuasive authorities supporting my argument regarding the Supremacy of Contract in residential parking disputes. It is my contention that the absence of any contractual obligation to display a permit for parking spot 112 absolves me of any liability in this matter. The claimant's failure to acknowledge my ownership rights in their witness statement further underscores the weakness of their case.
    • I agree with you LFI, a totally wrong decision, I may be wrong but IMO who was driving is irrelevant .... So what if he declared himself as the driver within 28 days? .... I may be wrong but it's my understanding that that just makes him liable for the charge as driver. The fact is, the driver, declared or not, only made the error of entering the wrong vehicle registration number .... The parking was paid for. I think it more likely the judge dismissed because he didn't appeal to the PPC and tell them about the error and confirm he paid giving the chance of rectifying the situation before it got to court. But we can only know if Dave962 clarifies. Pollux, is that a fish like Cod? 😁
    • and more .. As thames water pushes to further rip off captive customers, not get fined for it, and allow more dividends .. for little more than 'aspirations' to do better More detail comes out of the literally and figuratively sh** companies apparently shunting money out of the regulated business to profit/bonus/dividend generating unregulated side companies   "Accounts filed at Companies House show : (Kennets) accounts, filed more than 12 months after the end of Kennet’s financial year, showed that the company made a £1.15m pre-tax profit for the year to 31 March 2023, up from £374,000 a year earlier. Revenues rose to £1.6m in 2023 – up from £1m in "Kennet Properties paid out a £14.5m dividend in the year to 31 March 2023" "Kennet ?takes on? land no longer needed by Britain’s biggest water company before developing it and selling it on, typically for housing or commercial premises. It also received income for the use of sewer networks by third parties for fibre-optic cabling."   Thames Water could raise bills to £627 a year to help fix leaks | Thames Water | The Guardian WWW.THEGUARDIAN.COM Embattled water supplier promises to invest up to £3bn more over the next five years     Thames Water-linked firm paid £14m in dividends despite concerns over group | Thames Water | The Guardian WWW.THEGUARDIAN.COM Kennet Properties sells off Thames Water land, whose owner, Kemble Water, has warned it would not be able to pay a £190m loan  
    • I think it will make more sense if you read that the Judge meant the 28 day sentence was on the PCN not the sign. He lost because in the Judge's opinion the registered keeper has the option to declare who was driving on the day. Dave didn't do that so he takes the blame for not making the declaration. A totally wrong decision which can be challenged at a price. There is no guarantee that another Judge will want to say that the original judgement was majorly wrong so may not change it. On the other hand another Judge may say the decision was an absolute load of pollux and reverse the decision and add punitive additions on to TPS for bringing such a hopeless case to Court.  That's why we call it Judge Lottery. To be fair, Judges tend to get it right more often than not. Doesn't make things any easier for Dave.
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I am waiting for action against me with trepidation,

 

I have complex mental health problems including memory loss which means I cannot recall all transactions related to matters over a year ago.

 

Thus, the prospect of remembering the details of DISPUTE which were raised over three years ago.

 

I sent many letters DISPUTING with original lender credit card, but don't have copies.

 

They eventually sold to Arrow Global.

 

They, in turn, have used a succession of collection companies , who I have ignored / returned letters unanswered.

 

I now wonder if original lender/credit card will be able to provide ( or even kept) my letters of DISPUTE ?

 

There are times when my cognitive process is greatly impaired, so I am unable to talk, write, take information in.

At other times, like right now, I can compose a short email. Any guidance gratefully received .

 

I think I destroyed my records last year in during a psychotic episode.

 

I take anti psychotics, anxiolytics, mood stabilisers and anti depressants , all of which impair my cognitive function.

 

Original agreement 1995

Last Payment 2011 (? needs verifying )

Default Notice possibly issued 2011 (? needs verifying )

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so are arrows writing now?

 

is this on your credit file?

 

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... 

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time to visit noddle then

 

 

see below.

 

 

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... 

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Arrow farm out most of their collection work, so your mail will generally come from their DCAs and solicitors.

 

Ignoring mail doesn't much alter eventual outcome in most cases. What matters more is your status. Do you own property or have disposable income?

 

You can get copy of all your dealings with MBNA via a SAR but it is not likely to include mail between you and their DCAs. Technically it should do but you'd have a struggle to convince them.

 

Do you have a named lead mental health professional who could if necessary vouch in writing for your condition including, critically, the capacity and other issues you've mentioned?

 

A 1995 CCA may well be unobtainable or unenforceable, so I shouldn't worry too much if I were you

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Thank you.

No property. Possible Pension Fund . Age 55.

Concerned could be forced to access,

WITHOUT fair treatment ref original DISPUTE of account.

 

Consider myself no fixed abode as could be ejected from current address without notice.

 

Afraid to do SAR as confirms current address.

 

Same CRA - afraid enquiry confirms current address.

 

Receive benefits - also OWE benefits so have deductions made until 2018.

 

Would have to represent myself in court

 

Under Consultant Psychiatrist supervision .

 

Could confirm medication and mental health condition

- don't really want to disclose to unregulated Companies...

 

Essentially , right now, have fugitive mentality. Am in hiding, ( not well hidden enough ) paranoia may be symptomatic of general condition, but doen't mean I'm wrong..

 

Worried that registering with noddle enables people to track me down .

.. I think I have an unpaid overdraft with a bank that hasn't tried to contact me for three years.

 

Register with noddle and they will update current ( however precarious ) address , and accelerate that process too.

 

I am happy to pay what I owe when I can but don't have the ability to fight case against charges penalties unfair interest rates

and failure to follow my instruction and refusal to reply to requests.

 

Because I only have occasional periods when I can write like this,

 

I FEAR triggering processes with Time Limits,

 

I've lost out because of this in the past.

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have you any recollection upon the last time YOU used the card

 

there is very little chance of you ever having to appear in court

even if they issued a claim.

 

for roughly how many years have you been getting these letters chasing the money?

 

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... 

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Share on other sites

I'm not sure what connif has in mind here, I'll leave him to clarify , but

 

 

noddle will enrol you only at an address verifiable from both electoral register and a bank card.

If you have a card, your address is already shown on CRAs *and therefore known to Arrow and its agents*, so your bunker posture will not protect you.

 

Moreover you will do yourself no favours as hiding is the perfect way for Arrow to start legal action against you

by sending a claimform to your last known address and thereby obtaining a default judgment.

 

In addition to the above , bear in mind that SAR is to MBNA not Arrow.

MBNA are not involved in the present proceedings so this is nothing to do with letting Arrow know where you are . . .

which, as I've just said, they already most probably do anyway.

 

I'd suggest further that if you're afraid to take this bull by the horns you check whether there is a free advocacy service in your area.

They represent ppl with limited capacity to deal with situations such as the one you find yourself in now.

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Thank you very much. So even if it's a Basic Bank Account no overdraft allowed current account the address is automatically available to Credit Ref Agencies ? So even if I were to become homeless / no fixed abode / it would be the last address ?

 

MBNA did not ( as I recall ) give any consideration to my reasons for DISPUTE at the time, (( I can not remember detail, were not necessarily logical / rational due to mental state (eg when in bi polar mania phase ) , some would have been - eg needing precise simple chronological detail of transactions charges interest and penalties ))

 

I wonder therefore if they would have kept the data ?

Thank you very much indeed for your help.

 

Conniff , thank you very much, and I'm sorry to be so stupid, but what do you mean , ?

 

 

Many thanks

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try noddle have you a debit card at a known registered address [same as voters?

 

 

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... 

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Share on other sites

I don't mean to be rude but attempting to hide is more likely to lead to a default judgment than following the advice we're trying to offer but which you're reluctant to accept.

 

We won't know what data MBNA hold until you've received it.

 

As for CRAs, a basic bank account is unlikely to be reported. However, these days even some utilities companies report. If you want to kid yourself that Arrow don't know where you are, how come Ross are still writing to your present address?

 

Last known address is valid for service of court documents. Even if you're sitting under a bush in the Kalahari Desert.

 

I strongly recommend that you contact your advocacy service. They will deal with any correspondence in accordance with your instructions. And deal with you in a non-judgmental fashion.

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dx100uk = Thank you.

 

Are you suggesting I register with noddle using my current address which is used by the bank for the debit card account I have

 

OR register with noddle using a nominated post office address ?

 

I'm not sure what the benefit of registering with noddle is

since I just want to avoid financial institutions

and accept that any credit rating will always be bad until my death.

 

Can registering help me defend any court action by MBNA / Arrow/rossen/Moorcroft/miscellaneous debt collectors

too many to remember ?

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you cant register on a cra to a post office

 

if you've a card registered an 'an' address

 

use that card & that address to try and get a noddle report.

 

the information it has will be EXREMELY useful to all your debt issues.

 

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... 

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Oleg, I don't think you're being rude at all, thank you for your kind consideration and advice.

 

If court documents are served at an address but I don't get them, how can I defend a claim I don't know about ?

 

I'm not sure I can deal with an advocacy service even if I could find one, but I greatly appreciate your advice, thank you.

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I don't mean to be rude but attempting to hide is more likely to lead to a default judgment than following the advice we're trying to offer but which you're reluctant to accept.

 

We won't know what data MBNA hold until you've received it.

 

As for CRAs, a basic bank account is unlikely to be reported. However, these days even some utilities companies report. If you want to kid yourself that Arrow don't know where you are, how come Ross are still writing to your present address?

 

Last known address is valid for service of court documents. Even if you're sitting under a bush in the Kalahari Desert.

 

I strongly recommend that you contact your advocacy service. They will deal with any correspondence in accordance with your instructions. And deal with you in a non-judgmental fashion.

 

Good advice above.

You need to work with an advocate that understands your condition.

You should be treated as a vulnerable debtor!

 

Oleg, I don't think you're being rude at all, thank you for your kind consideration and advice.

 

If court documents are served at an address but I don't get them, how can I defend a claim I don't know about ?

 

I'm not sure I can deal with an advocacy service even if I could find one, but I greatly appreciate your advice, thank you.

 

If they send court papers to an old address, you will not k now, they will "win" their court case via a default judgement. As you will not have updated your address with them you will find it very hard pressed to get the judgement set aside without expensive lawyers working for you.

 

You need to find an advocate that can help you.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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dx100uk - thank you ,

 

but the debit card is registered at my current address,

 

but I haven't been in touch with a CRA for years ,

and so didn't want to confirm to them , that address,

 

since I assume they will REPORT the FACT that I have confirmed the address at the date I register,

and therefore may prompt both MBNA / Arrow and the other Bank who haven't been in touch about the overdraft for years,

 

not even to my old addresses other than to send a new card to that old address,

but not mentioning the outstanding overdraft.

 

I understand the logic is that I can't hide, but the fact is I can't pay ,

 

OR get fair treatment because I'm ( mostly, most of the time ) unable to effectively argue my case.

Best Regards.

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because I'm ( mostly, most of the time ) unable to effectively argue my case.

Best Regards.

 

Which is why you need to find an advocate you can work with as your conditions mean you must be treated in a specific way to support you.

 

If you do seek and use that source of help, your creditors will take you to court based on your old address and get ccjs against you which means the life of the debt increases for another 6 years and then IF they find you they can apply to the court for enforcement.

 

In order to avoid that you need an advocates support to advise them of your mental health issues so they do not progress with court action. Depeneding on circumstances a good advocate might even be able to get debt written off.

 

I know this is not what you want to hear but I am trying to help you.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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you are guessing/concluding wrongly.

 

your address will already be known.

 

it would be better for you to get your credit file

 

then check ALL of your old addresses are showing.

 

then look at what debts are there

 

you NEED to update your creditors that show.

 

IMHO you are in a lot better position to what you think you are.

 

once we know the fleecers that claim to own your debts.

 

we produce a letter to send to every one of them.

and then the matters might well end

 

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... 

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