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    • The reason for the photos is to show you weren't displaying a permit.  They are supposed to check that the permit hadn't fallen off the dashboard. There is no point in appealing to PPM.  The very people who deliberately set up the site with rubbish signage to catch motorists out are highly unlikely to find against themselves. You've said several times that you think the company who you met with called PPM in so these are the people you need to contact in writing to request they call PPM off.  Until you do so we're going round in circles. If you don't want them to have your e-mail address simply set up a secondary e-address.  
    • Please see attached redacted judgment for further infoVWFS (UK) LTD - Salisbury CC - Judgment - 20240507 V Final _copy redacted.pdf
    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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

welcome allege son made payment


theshuffler
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Remember My Question Above

 

The Agreement As It Stands Cant Be Enforced As Its Missing A Signature Bit A Court Can Enforce If All The Oerscribed Terms Are There.

 

If This Is A Reconstructed Agreement, Welcome Have No Chance

 

No Original Cca

No Debt

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I Am Getting Very Confused And Annoyed

 

Sorry But Ive Put A Lot Of Time Into This

 

For A Start

 

The Welcome Agreement At Point Of Sale Will Be In Three Parts

One You Keep

One Welcome Keep For The Underwriters

The Last Page Gets Scanned By An Image Company Into An Archive.

 

So Why Are You Saying This Was Sent 2 Weeks Later

 

Going For A Cup Of Tea

 

IS THIS A PERSONAL OR SECURED LOAN

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Like I Said

 

A Court Can Enforce With Out A Signature If The Perscribed Terms Are There

 

I Need To See The Agreement

 

If Just One Of The Perscribed Terms Are Missing, A Court Cant Enforce

Ime Trying To Help Bit Ime Shooting In The Dark

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LOOK AT THE AGREEMENT

 

YOU NEED TO LOOK WITH EAGLE EYES AND KEEP LOOKING

 

ARE ANY OF THESE MISSING ON THE AGREEMENT

 

 

 

 

The Pescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

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Not sure why they posted it out but thats what happened ,

regardless if terms are on the agreement or not ,

surely they have no proof he read them as he hasnt signed .

 

 

I know its frustrating but this is a photo copy of the origal doc , its all i have to go on mate.

 

 

Posts criss crossing here ,

given i dont know what the original doc look like

carbon copy 2 pages 3 pages , im not sure .

 

 

What i have here has all you mentioned on the first page

there is a second page , that might of originally been on the reverse of the first page

but is now seperate sheet headed

TERMS OF AGREEMENT REGULATED BY THE CONSUMER CEDIT ACT 1974

Edited by theshuffler
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What Does He Say When Asked By The Judge

 

Did You Go To Welcome And Have Credit Advanced To You

 

At This Moment All I Can Say Is Send Welcome An Official Cca Request

 

Ask The Court To Adjorn The Hearing While You Wait For A Copy Of The Agreement

 

 

Any Takers On This As Ime Going Round In Circles With Out Seeing The Agreement

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Depends on the judges view on the day i suppose , some are sticklers for rules.

I just need to stop them in their tracks on tues

this is what i was intending for him to handover to clerk on the day

Let me know what you think mate.

 

I respectfully request that the appeal hearing listed for today be adjourned to a date in the future.

 

 

It is my intention to challenge Welcome Finance through this court on the debt

for which the original court order was granted.

 

As I have previously stated I received no notice of court proceedings against me

and subsequently was denied the opportunity to defend myself.

 

 

I will be requesting all documentation relating to this case from Welcome Finance,

as required by law they have 40 days to comply with my request.

 

 

Upon receipt of the documentation I will begin to prepare a case for a set aside of the judgement.

 

 

I believe that I have a strong case and can successfully argue this in a court of law with the required documentation.

 

If you cannot see your way to adjourning the case

I ask that you take the following into account when you are making a decision today.

 

 

I have also attached a breakdown of my finances for your perusal

 

1 The loan was offered on an unsecured basis at APR @ 48.98% Annual interest rate 44.25%

why wasn’t I offered a secured loan at a much lower rate than above.

 

 

Welcome Finance secured a county judgement at 8%

if I were to pay that over 24 months the interest on the original loan would be £206

the unsecured rate totals £1,188 in interest.

 

 

Can you honestly agree that Welcome Finance had my interests at heart

when they offered me an unsecured loan over a secured one?

 

 

Now a secured loan via a charging order seems more appealing to them.

 

2 The debt contains penalty charges which have been deemed unfair. Hence the amount requested in the CJJ does not reflect the true debt .

 

3 My home is jointly owned by my wife and I whereas the debt is in my name

 

4 We have three children in the household the eldest of whom is eight the youngest being two

 

5 I had no contact with the CEO since the court case and have not been given the opportunity to make an offer of any payments through the court.

 

6 An offer was posted to Welcome but they failed to acknowledge my letter

 

7 The debt that Welcome are trying to recover is less than £5000

 

8 There is negative equity on my home, the granting of a charging order will not guarantee payment.

 

I trust that you will consider all these factors when you are making your decision

and sincerely hope that my arguments are not out of line with the courts thinking on these matters

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My camera isnt that good mate , nothin like that on it

, the print is real tiny on the doc ,

be hard to improve it whatever you try.

 

 

Post do you think if i can get a fax to Welcomes solicitors that its worth hinting to them

that they dont have a signed agreement ,

maybe make them rethink their strategy .

 

 

Maybe not worth informoing the court as this is an appeal against them applying for a charging order ,

I have already submitted most of those facts to their solicitor to inform him of the grounds for appealing.

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Perhaps ammending it a bit on the part that debt contains charges that have been deemed unfair . Stating that any charges including the interest should be removed because they dont have a signature to state that he agreed to them . Thats bound to open a judges eyes .

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It Makes No Difference As You Have A Ccj

 

Who Are Welcomes Sol

 

Is It Cohen

 

You Need To Get The Judge To Adjorn,

 

Tell The Judge In A Letter That You Will Be Applying To Have The Ccj Set Asside

 

 

May I Ask Why This Claim Was Not Defended Did You/he Get The Claim Form

 

Had He Changed Address

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He never recieved a summons ,

 

 

I have already informed their solicitor and its in that letter i have posted up

 

 

he got a letter stating that he would be taken to court at a later date but no date was specified .

 

 

He still has the letter Civil Proceedings or something .

 

 

the solicitor s are john mckee and son belfast

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I think we can win this one ,

the biggest problem is the wording ,

 

 

im not great on the letter front but do tend to get my point across .

 

 

What im afraid off is getting my son on the wrong side of the judge .

 

 

I want to list all my / his objections as posted earlier in a proper and fitting manner for addressing a county court judge .

 

 

Im due at work at 1 am have a ferry to catch early in the morning , so time not on my side.

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Lets simplify things here.

 

 

Get the charging hearing adjourned on Tuesday on the grounds that you believe the CCJ was granted wrongly

and you are seeking to have it set aside.

 

 

That will give you some breathing space in which to prepare a proper case to have the CCJ Set aside.

 

 

With the CCJ Set Aside then Welcome and their Solicitors are stuffed for their charging order.

 

Assuming you get the CO Hearing adjourned (and it would make welcomes solicitors look very bad if they refused your request)

then some of us who probably live near you will do a proper scan of the 'agreement' for POSTGGJ to give his expert opinion on

and help your son defeat these mongrels.

 

 

There are quite a few Norn Iron people on here so Im sure some of us will help with the scanning.

 

At the moment time is of the essence so its important that your son gets the case adjourned on Tuesday, by whatever means.

 

 

Personally I favour paying a solicitor to say that your son has new information which would indicate the CCJ should not have been granted.

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