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    • @BearLake1   I have a similar PCN from the same place. I've just received 'Letter Before Claim' today. I wonder if you are able to share your reply to CVS? Did you send your reply by email or mail?   Thanks!
    • Will this work?   I disupte this debt because, Firstly i only ever used my phone via wifi, there was never a notification regarding usage and data. The rules regarding roaming usage has changed,  the default was illegal and was disputed. This matter is between O2 and myself.   The debt purchaser has yet to provide any or all of the required documentation.
    • Hi all   Wow, do I have a situation to contend with now! I shall include as many important facts as needed.   I have received a solicitors letter today, by instruction of MY PARENTS claiming they are beneficially entitled to a property I purchased in 1999.   This property belonged to my Grandad who sadly passed away in 1993. He had hand written a will, not witnessed by anyone, leaving the property to my Mother and not his Son. Of course my Mothers Brother wasn’t happy with this and contested it which ended up in court. This dragged on for a long time, it could have been years? Until it was decided the house be sold and money divided equally. From memory I think the legal feels were around £30k ish.   At this time my parents didn’t have jobs and I was able to obtain a mortgage in 1999 and after going on the market purchased the house for £50k as it needed a lot of work. At the time I was very close to my parents and it felt a good thing to keep the house in the family circle as such (like cars sometimes) but was obviously in my name as the owner. I paid the mortgage and utilities on it and it sat empty for ten years whilst deciding what to do, more my Mother not wanting anyone to touch it and change memories.   The council kept writing to me until eventually said it would be a forced sale if nothing done with it. I then obtained additional borrowing to fund the complete renovation and then rented it out with the idea if it reducing the mortgage. Around the same time and during the crash I manged to buy another house needing work, by using equity on first as a deposit and a mortgage on the new house.   My parents would always refer to the 1999 as my house although this felt awkward. A few years along the way (2010/1/2) my Dad purchased their council house at a reduced rate.   I moved out of my parents home in 2014 and into the second house once it was all modernised, which since the relationship with parents has just deteriorated a lot. Arguing about lots and them saying I need to ‘sign the house back over to them’ on more than one occasion.   To fast forward, the tenants moved out of the property recently and my parents found because as creepy as it sounds, I think they used to drive by or watch them. The signing back over has been demanded recently to which I said was ridiculous etc…   Today I get this letter with 29 paragraphs and crux of which being to transfer to property, with vacant possession and mortgage free, to them and in addition any surplus rent from the previous ten years!   The letter is full of lies my parents have told the solicitor such as:   I lived with them rent free in lieu of paying the mortgage They paid all the utility bills and council tax They paid for and carried out most of the work back on the house in between purchase and 2008 when renovated My Father dealt with the letting agents recently and I ‘merely’ signed the tenancy agreement   There was a time, as my parents have always been high maintenance, I had written something for my Mum to say although I own the house, morally it belongs to her as probably thought it would help the relationship. A copy of this has been included, although I think looks slightly different to what I had printed and also says…about asking their permission to sell it and they could move in if they ever wanted, I really do not recall saying that! This piece of paper I refer to has no date or signature.   My goodness, this has completely knocked me for six. Its like history repeating itself!   I have checked with Eon, Council tax etc… so far and all have been in my name and paid for by me.   The letter also says ‘the facts of this case are familiar to you and you ought not to require any further enquiry’ which almost is like the solicitor knows this is all hearsay/BS and no proof? Also that I should respond to the claim within 28 days. The letter was also not recorded in case it makes a difference.   Another paragraph says advises my parents 'have a strong claim that I am holding the property on trust for them absolutely by way of constrictive trust and/or proprietary estoppel' I have no idea what this means!   One thing I should point out, I used to be very much in my parents bubble, asking them for advice, wanting their approval, very much lacking confidence in awareness of my own abilities. It is since I have started thinking for myself they don't have the hold on me their behavior  have become worse.   What are your thoughts please? I really have no idea what to think!   Many thanks in advance as always   E!
    • So I got a phone call on Saturday on my private mobile phone. This call was from Moriarty law ...I had sent my PAP docs back with no e mail address or phone number ...they said they had used a tracing company to find my details ....I have since called them and put in a complaint that they have breached GDPR regs ..they have now suspended any action pending a full investigation. The agent who called me was not very bright to say the least ..he wanted me to make an offer of payment even though as I told him it was only an allegation that I owed the money as ADCB had not sent the original paperwork back..... he then told me that they could take me to court even if I had not got a copy of my signed credit agreement ....I basically told him to jog on ...I'll let you all know the outcome of Moriartys GDPR breach investigation .
    • or should I sent a copy of Ericsbrother's template  ?    Please help!     Unfortunately for you, I was not born yesterday so I will not be paying the demand as there is no liability in this matter because the signage is prohibitive and not an offer of a contract so none has been breached and anyway the POFA limits any charge to the specified sum so your demand for £160.00 is nonsense. As VCS (Vehicle Control Services Ltd) has been spanked at court on this very same thing several times before I suggest that you discontinue this foolishness. Should VCS decide to continue then I shall be asking for a full costs recovery order for unreasonable behaviour and then seek damages for the breach of the DPA/ GDPR as per VCS V Philip, Liverpool CC Dec 2016. Even Will and John, the parking world’s worst solicitors seem to have got fed up with Simple Simon’s stupidity and greed and presumably that it why you are wasting your ink on his behalf.
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Dear all,

 

I unfortunately suffer from chronic depressive illness and have done so for many years with the condition significantly worsening over the past few years.

 

In the year 2011 I had been subject to police investigation. I attended a police interview on a voluntary basis.

 

Due to my debilitating depression I had an appropriate adult also attend this interview who I understand was a social worker at that time.

 

The social worker, without my explicit consent, went on to record the details of the alleged criminal charges I faced on the NHS Trust’s IT system and within my electronic patient records. This information is categorised as highly sensitive information as defined under section 2 (h) of the Data Protection Act and the Trust seemingly recorded this information unlawfully. Their response however is that the processing of this information was 'necessary for medical purposes'.

 

The criminal matter has been long since disposed of in my favour however the Trust are continuously processing this information wherever and whenever possible.

 

I am not clear on whether or not explicit consent was needed here. It seems to me it was.

 

I should be most grateful for any input.

Edited by totally_pennyless

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Hi

Although I feel clarification from the information commissioner would be useful for you my instinct is that the social worker probably did the right thing.

 

The recording of sensitive data on your medical records is for your benefit should something happen to you. It will only be disseminated to other parties within the NHS to assist in your treatment.

 

You can send the GP a request not to share sensitive data with other bodies.

 

That is my OPINION only, not a direct fact and you should wait for others to comment.


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Hi

Although I feel clarification from the information commissioner would be useful for you my instinct is that the social worker probably did the right thing.

 

The recording of sensitive data on your medical records is for your benefit should something happen to you. It will only be disseminated to other parties within the NHS to assist in your treatment.

 

You can send the GP a request not to share sensitive data with other bodies.

 

That is my OPINION only, not a direct fact and you should wait for others to comment.

 

Thanks silverfox1961.

 

The sensitive information was shared within my mental health records. The Trust are refusing to amend the entries.

 

My previous experiences with the Information Commissioner has not been positive. I find them to be rather toothless.

 

I have started taking legal action against the Trust.

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Dear all,

 

I have issued a County Court claim after the other side disregarded my pre-action letters.

 

The other side failed to issue a defence so I successfully applied for a default judgment.

 

4 weeks later (today) the other side then apply for a strike out hearing.

 

Can they do that once a default judgment has been entered? How does CPR 12.3 (3)(a)(i) apply?

 

Many thanks in advance.

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What else did they say in their application?

 

Was it also to set aside the default judgment?

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Power to strike out a statement of case

3.4

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2) The court may strike out(GL) a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

 

 

 

 

12.3

 

(1) The claimant may obtain judgment in default of an acknowledgment of service only if –

(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b) the relevant time for doing so has expired.

 

 

12.3

(3) The claimant may not obtain a default judgment if –

(a) the defendant has applied –

(i) to have the claimant’s statement of case struck out under rule 3.4; or

(ii) for summary judgment under Part 24,

and, in either case, that application has not been disposed of;

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Thanks. I had already figured that part out. :-)

 

I am not sure if 12.3 (3)(a)(i) means it is too late in the day for a strike out.

 

Also, because they failed to respond to the letter before action and file a defence does that mean there will be little chance of them successfully applying for costs? The claim was likely to be allocated to the small claims track.

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I suppose it depend on what date the application was made.....they only refer and rely on to 3.4 2a ...not relying on 12.3 (3)(a)(i)

 

(3) The claimant may not obtain a default judgment if –

(a) the defendant has applied –

(i) to have the claimant’s statement of case struck out under rule 3.4; or

(ii) for summary judgment under Part 24,

and, in either case, that application has not been disposed of

 

" and, in either case, that application has not been disposed of " is key....and the date is was made?

 

Irrespective of track ...costs in applications are usually granted.


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They made it yesterday which is 4 weeks after the default judgment was granted.

 

Are you saying I am screwed in terms of costs if I lose even though they failed to comply with the Practice Direction and CPR?

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Only if the application is allowed/successful...which I doubt it would be.Have you received this (N244) only from the Defendant ? not the court ?


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I would wait until the court officially notify you if there is going to be a hearing to consider if at all....you must consider that they are trying to strike out a judgment in effect...normally you make application to set it a side the judgment first and then try to strike out....the court should simply respond that they did not acknowledge service ...did not submit a defence and waited 4 weeks after default judgment...and then they still got it wrong...see what transpires.

 

Andy


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Thanks Andy. You are a fine fellow! I'll let you know what happens.

 

I suspect they did not try to set aside the judgment because they knew they would have problems doing so.

 

Seems their strike out application is an abuse of process.

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Surely if judgement is given them it's too late to strike out, it's all over !?.

 

Strike out applications are supposed to be done very early, normally after acknowledgement and before allocation (as its pre allocation to track, the small track rules don't apply and you can claim costs).

 

It maybe possible as suggested above for s set aside to be done and then a strike out application applied for

 

But surely a strike out at this stage is impossible or an abuse of process. In any event if the strike out has no hope of success then let it go ahead and get costs (even at LiP rates you could get a few hundred quid, although as mentioned earlier normally all this is done pre allocation).

 

Just had a look at attachment and I agree with comments above, surely it maybe possible IF default judgement is set aside first BUT they would need to explain to court why set aside should be granted and why they didn't file docs on time, a judge will want to hear a good reason and will be quite harsh if a solicitor is involved, a LiP may get a bit more leeway.

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I agree, the application should be to set aside AND a strike out.

 

As judgment has been awarded they can't now apply for a strike out alone.

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Thanks Andy.

 

I would agree it seems an abuse of process. It appears they are making every effort to bypass the case law with respect to set aside applications. See http://www.ealaw.co.uk/articles/cpr-part-3-9-the-new-guidance

 

Moreover, where does all this leave me in terms of being on an equal footing?

 

Indeed. I suspect they are trying to save costs too.

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I would of thought the court take no notice of this as case had ended. But maybe they would tell them they need to apply to set aside or at least try.

 

Whatever happens it's looking dodgy got them and they could be liable for all sorts of extra costs.

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A judge probably hasn't seen the application yet.

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Probably not. I am seriously hoping the respective judge is switched on enough. Those cheeky buggers... :suspicious:

 

I will post the upshot as soon as I hear more.

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Judgment Hearing ?

 

I thought you had already requested judgment 4 weeks ago?


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Ignore the above...default judgment from CCBC I assume so transferring it to your local CC for execution?


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