Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • March 23: As the coronavirus crisis escalates, the UK is placed into lockdown with strict limitations on travel. The Government guidelines state: “You should not be visiting family members who do not live in your home.” The prime minister tells the UK public they "must stay at home". People are warned not to meet friends or family members they do not live with. Those with symptoms had already been told to self-isolate     Friday 27 March: Downing Street On the day Cummings ran out of No 10, his wife, Mary Wakefield, appears to have been already ill, according to her Spectator article about the experience, in which she says: “My husband did rush home to look after me.”   Both Boris Johnson and Health Secretary Matt Hancock test positive for coronavirus, while chief medical officer Chris Whitty says he has symptoms of the disease and is self-isolating.   Mr Cummings said: "I suddenly got a call from my wife who was looking after our four-year-old child. She told me she suddenly felt badly ill." He went home and after a couple of hours his wife felt better and he returned to work. "There were many critical things at work and she asked me to return [to work] in the afternoon and I did." He then "drove up to Durham that night arriving at roughly midnight" with his family.     In spectator articles on 24th and 25th April * Wakefield (wife) wrote in the spectator that Cummings said “I feel weird” and collapsed 24 hours after he came home to look after her * She went on to explain that for the next 10 days “Dom couldn’t get out of bed. Day in, day out for ten days he lay doggo with a high fever and spasms that made the muscles lump and twitch in his legs.” * Cummings wrote that “at the end of March and for the first two weeks of April I was ill, so we were both shut in together.” * The following days, by Wakefield’s account, were a mixture of family idyll and health nightmare, as she made a “palace out of polystyrene packaging” with their son … even as Cummings’s breathing got so bad that she feared he should be in hospital. But 10 days after her husband first fell ill, she said, he began to feel better – just as Boris Johnson went into hospital. That would place the improvement in his condition around Sunday 5 April,     Sat March 28th Is apparently the day Cummings said “I feel weird” and collapsed 24 hours after he came home to look after her His wife went on to explain that for the next 10 days “Dom couldn’t get out of bed. Day in, day out for ten days he lay doggo with a high fever and spasms that made the muscles lump and twitch in his legs.” Cummings wrote that “at the end of March and for the first two weeks of April I was ill, so we were both shut in together.” 10 days from March 28th – would take us to the 7th April.   Mon March 30: Downing Street confirms Mr Cummings is suffering from coronavirus symptoms and is self-isolating.   Tuesday 31 March/1st April: Durham The police have said that on 31 March they were “made aware of reports” of Cummings’s presence in the area and had then contacted the family to “reiterate the appropriate advice around essential travel”.   2 April: During the night, Mr Cummings' four-year-old son "threw up and had a bad fever". Following medical advice, an ambulance took the child to hospital. He was accompanied by Mr Cummings' wife   3 April: Mr Cummings' son spent the night in hospital and woke up the next day having "recovered". He was tested for coronavirus and his mother, who was with him at the hospital, was told "they should return home". According to Mr Cummings, there were no taxis so he "drove to the hospital, picked him up and returned home". He said he "did not leave the car or have any contact with anybody on this short trip".   Sunday 5 April: The ‘Abba’ sighting (despite claims of ten days where he couldn’t get up with a high fever) Cummings alledgedly seen in Garden with AbbA blaring But 10 days after her husband first fell ill, she said, he began to feel better – just as Boris Johnson went into hospital. Which would place the improvement in his condition around Sunday 5 April, … Although the claimed 10 days after the 28th – the earliest point at which Cummings was said to have been symptomatic – would be the 7 April. The Guardian approaches Downing Street about the story, only to be told by a spokesman: “It will be a no comment on that one.” Mr Cummings said "after I started to recover, one day in the second week, I tried to walk outside the house". He confirmed he, his wife and his son went for a walk into woods owned by his father and it was at this point he was seen by passers-by but his family "had no interaction with them". The exact date is not clear but his second week isolating in Durham would have between 4-11th   6 April: At some point in the week leading up to this date, Mr Cummings discussed his decision to travel to Durham with the prime minister. "When we were both sick and in bed," he said, "I mentioned to him what I had done. Unsurprisingly given the condition we were in, neither of us remember the conversation in any detail."   Fri April 10: Number 10 is again contacted for comment regarding Mr Cumming’s trip by the Guardian. Instead of defending the journey, officials declined to comment.   Fri 10th/Sat 11th April: The 14-day period of Cummings’s isolation would have expired on 10/11th April, assuming it is counted from when Wakefield appears to have first fallen ill on 27 March or when Cummings fell ill 24 hours later.   11 April: Believing he had recovered by this date, albeit "feeling weak and exhausted", Mr Cummings said he "sought expert medical advice". "I explained our family's symptoms and all the timings and asked if it was safe to return to work on Monday or Tuesday, seek childcare and so on. I was told that it was safe and I could return to work"   Sunday 12 April: Barnard Castle Wakefield’s birthday, according to Companies House records – they allegedly made a trip to Barnard Castle, a charming town 30 miles from the Cummings’s family property, described on the English Heritage website as having “fantastic views” and “plenty to do for families on a day out”. That detail emerged in an interview with Robin Lees, a retired chemistry teacher who lives in the town. Lees, who says he has a photographic memory, told the Guardian he was “a bit gobsmacked” to see Cummings, and then was so incensed that he made a note of the family car’s numberplate and checked it online when he got home. Cummings acknowledges he drove to Barnard Castle, 30 miles from his parents' home in Durham, with his wife and child. He explained this episode as needing to test his driving was fine before making the long drive back to London. He said he'd been having problems with his vision   Tuesday 14 April: London The Guardian asked Wakefield to confirm whether the family had been in London throughout the lockdown period, but received no reply. Cummings was photographed back in Downing Street on 14 April   Sunday 19 April: ‘bluebell’ woods - Cummings and Wakefield in Houghall woods? Could Cummings have then gone back to the north-east from London? Downing Street is emphatic that he did not. The denial came after another witness claimed to the Guardian and Sunday Mirror that they had seen Cummings and Wakefield on a country walk in Houghall Woods, a beauty spot near his parents’ property in Durham. According to this account, Cummings said: “Aren’t the bluebells lovely?” Cummings says he did not return to Durham   Monday 20 April Cummings seen in London again   May 23: Downing Street statement: “Owing to his wife being infected with suspected coronavirus and the high likelihood that he would himself become unwell, it was essential for Dominic Cummings to ensure his young child could be properly cared for.” The statement said: “At no stage was he or his family spoken to by the police about this matter, as is being reported. “His actions were in line with coronavirus guidelines. Mr Cummings believes he behaved reasonably and legally.” Speaking outside his home, Mr Cummings reiterated: “I behaved reasonably and legally”. When a reporter suggested to him that his actions did not look good, he replied: “Who cares about good looks? “It’s a question of doing the right thing. It’s not about what you guys think.” Later at the daily Downing Street briefing, Transport Secretary Grant Shapps said Mr Cummings had the PM’s “full support” and that Mr Johnson “knew that he was unwell and that he was in lockdown”. Mr Shapps said it had always been permissible for families to travel to be closer to their relatives as long as they “go to that location and stay in that location”. Meanwhile, deputy chief medical officer for England, Dr Jenny Harries, said that travelling during lockdown was permissible if “there was an extreme risk to life”, with a “safeguarding clause” attached to all advice to prevent vulnerable people being stuck at home with no support.   Health Secretary Matt Hancock and Chancellor of the Exchequer Rishi Sunak have tweeted their support for Mr Cummings.   Education Secretary Gavin Williamson said on Monday morning that Mr Cummings had "set out absolutely clearly and absolutely categorically he didn't break the rules and didn't break the law". The attorney general, Suella Braverman, tweet on Saturday in which she quoted the full text of the No 10 statement on Boris Johnson’s chief aide in which the prime minister said he had behaved “responsibly and legally”.   (Disgraceful) Boris Johnson said at the weekend Cummings acted “responsibly and legally and with integrity”   “The PM’s risible defence of Cummings is an insult to all those who have made such sacrifices to ensure the safety of others,” said Johne Inge, the bishop of Worcester, on Twitter.   “What planet are they on?” asked a front page headline in the Daily Mail, an influential right-wing paper usually supportive of Johnson.   https://descrier.co.uk/politics/dominic-cummings-and-wife-tried-to-cover-up-lockdown-breach-in-articles-for-the-spectator/   https://www.theguardian.com/politics/2020/may/24/dominic-cummings-timeline-what-we-know-about-his-movements   https://www.eveningexpress.co.uk/news/uk/timeline-the-coronavirus-lockdown-and-dominic-cummings-trip-to-durham/   https://www.bbc.co.uk/news/uk-politics-52784290   https://www.theguardian.com/politics/2020/may/25/attorney-general-faces-calls-to-resign-defends-dominic-cummings-suella-braverman   https://uk.reuters.com/article/uk-health-coronavirus-britain-cummings/what-planet-are-they-on-no-respite-for-johnson-and-aide-idUKKBN2310UE   https://cyprus-mail.com/2020/05/25/what-plant-are-they-on-press-slams-johnson-and-cummings/
    • simply tell them on the phone writing only sorry as I might want to escalate this to the fos or court. sorry but no speaky..speaky   you night find this interesting?   https://www.theguardian.com/money/2012/jun/09/life-insurance-misselling-aviva-hamilton-life   dx
    • I've had a few missed calls and then text from RBS wanting to talk about the letter I sent, two posts up.    Am I best to wait for them to write? Didn't really want to get into a discussion with them about it ideally!
    • I haven’t even looked.  I doubt some PR bod would have been in the loop.
    • Gove will be rubbing his little hands together in glee. He been quite careful in his limited wording in 'supporting demonic. but he poo'd his own pot a bit with that priority preferential test   No confidence vote (in PM not party).
  • Our picks

    • View this quiz Employment status during COVID-19
      What do you do if you’ve been told not to come to work due to the current crisis.  Watch the video here or on the Youth Consumer Service Instagram page.

      Did you learn anything? Do the quiz
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 8 Category The Youth Consumer Service Submitted 15/05/20  
      • 0 replies
    • One Parking Solutions - Damning judgement. Read more at https://www.consumeractiongroup.co.uk/topic/421148-one-parking-solutions-damning-judgement/
        • Thanks
        • Like
      • 63 replies
    • View this quiz Coping with extreme hardship
      Life can be tough when you're entering the world of work and in the present virus crisis, things are even more difficult.

      Watch the video below or go to the Youth Consumer Service Instagram page . Afterwards, you can see if you've understood the points which are being made by taking the quiz.
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 8 Category The Youth Consumer Service Submitted 15/05/20  
      • 1 reply
    • View this quiz: Pre-pay meters
      An explanation of how some gas and electric companies offer emergency quarantine support.

       
      Watch the video here – or go to the Youth Consumer Service Instagram page and watch it there. Then come back here and do the quiz
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 6 Category The Youth Consumer Service Submitted 15/05/20  
      • 1 reply
king100

HPH2/Cohen claimforn - old Barclay card debt - Now CO Threat

style="text-align:center;"> Please note that this topic has not had any new posts for the last 739 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

thanks

 

just waiting for help on supplemental witness statement.


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

Share this post


Link to post
Share on other sites
thanks

 

just waiting for help on supplemental witness statement.

 

I did try the other day until you went off on this tangent of interest which is irrelevant:-)


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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

only because I have 2 reconstituted agreements from them in their witness statement.


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

Share this post


Link to post
Share on other sites

you've been mentioning these card interest rates 23% etc...

as posted, focus on successfully defending the principal amount claimed. then the rest wont follow (ie 'irrelevant'.)

if you do happen to get judgment against you (re the principal amount), then challenge the interest claimed.


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

So why are you wandering off stating the claim is now more than 10K...ignore the contents of the 2 versions as both are irrelevant and do not even comply as a valid reconstituted version in my eyes.

 

The reason for submitting this SWS is because you was ambushed at the very death of the process...they think they have had the last word so their WS will be taken as gospel...and thats the end of the matter.

 

A short and swift statement informing the court of their lateness in an attempt disadvantage you...the fact that they are relying on 2 versions of Terms and Conditions which neither comply to the date of your agreement.

 

An agreement that is only three years old and the claimant cant produce a copy of the original executed agreement.Also throw in that a reconstituted agreement must be an exact replica of the executed agreement less the signatures.

 

Throw in that in Carey ...who was a claimant not a defendant that the judge HHJ Waksman presiding made a judgment with regards to complying with a section 77/78 request...not with regards to enforcement.

 

You must have the last word and cast doubt with regards to their witness statement...that is all its intended to do....forget interest rates and looking for deficiencies between the two...they remain in default of your section 78 request...end of.

 

 

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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

I being the Defendant in this case will state as follows;

 

I make this Supplemental Witness Statement further in support to my previous witness statement..

 

1.I submit this Supplemental Witness Statement due to receiving claimant sending their disclosures and witness statement late, this I fell was to disadvantage me, even though I had requested these documents, in my request, which was acknowledged on the xx/09/2016.(Cover Letter)

 

Exhibit 1. My letter requesting documents.

Exhibit 2.Letter from Robinson Way confirming request of documentation mentioned in particulars of claim dated xx/09/2016 within 14 days, of which none was produced.

 

3. In the claimants witness statement Section 3, marked "DJH1", they claim to rely on a reconstituted agreement. In fact they have produced 2 reconstituted agreements, one from 2009 and the other 2014. Neither of these match with the date as mentioned in Section 2 of their witness statement xxth March 2010 when the credit agreement was entered into. This in turn cannot be considered a true accurate version of the agreement. A reconstituted agreement must be an exact replica of the executed agreement less signatures, and the reconstituted agreements that the claimant are relying on in court are simply invalid and does not comply with the CCA 1974 in either the giving of information pursuant to the section 78 or the requirements required for enforcement under section 78.6 (b).

 

4.The claimant is relying on Carey v HSBC, in that case Carey was a claimant not a defendant and the judge HHJ Waksman made judgement with regards to complying with a section 77/78 requests and not in regards to its enforcement.Also in relation to the reconstituted agreements in the case Kotecha v Phoenix the obligation under Section 78 to supply a document which sets out the original terms, including the original terms as to interest rates.

 

As in this case the claimant has disclosed two separate reconstituted agreements with two different APRs, standard rate of 19.9% on the 2009 agreement and 23.9% of the 2014 agreement.It is therefore respectfully requested that the court consider this in view of any judgment and that neither can be relied on to be an exact copy of the executed agreement.

 

It is therefore my contention that the claimant is still in default of my section 78 request and prevented from seeking any relief.

 

STATEMENT OF TRUTH

 

The contents of my statement are true to the best of my knowledge and belief.

 

Signed

 

Dated


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

Share this post


Link to post
Share on other sites

there is also that kotecha v phoenix appeal case re requiring an accurate recon. if you have time, have a read of that and see if that case can help your circs.


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

I have made a few tweaks King...keep going and do look at the case that Ford refers to.


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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

Additional Arguments

 

In relation to the reconstituted agreements

in the case Kotecha v Phoenix the obligation under Section 78 to supply a document which sets out the original terms, including the original terms as to interest rates.

 

 

In this case the claimant has sent two separate CCA agreements with two different APRs, standard rate of 19.9% on the 2009 agreement and 23.9% of the 2014 agreement.

 

 

Which ones does the claimant which to rely on,

and which one is a true reflection of the defendants agreement.

 

 

If the claimant is supplying not one but two agreements then they themselves do not know which one is true copy.

 

on the right lines?


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

Share this post


Link to post
Share on other sites

ok need to send off today is the above additional ok to add in? Does it make sense?


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

Share this post


Link to post
Share on other sites

Check post#107 now King

 

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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

cheers will print and send off today.

 

I assume 1 to the court and one the sols.


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

Share this post


Link to post
Share on other sites
cheers will print and send off today.

 

I assume 1 to the court and one the sols.

 

Yes...dont forget the 2 case laws you refer to...ideally they should be attached as an exhibit...


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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites
Yes...dont forget the 2 case laws you refer to...ideally they should be attached as an exhibit...

 

Best place to get the case laws from?

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2011/105.html&query=phoenix+and+kotecha&method=boolean


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

Share this post


Link to post
Share on other sites

 

:thumb: Did Cohen not enclose the case law to Carey in their WS as an exhibit?


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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

Nope


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

Share this post


Link to post
Share on other sites
:roll:....okay if you can get a retracted version or just a synopsis of the cases that will suffice.

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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

Mmmm it really requires the headers and date of the case and case number...you can keep a copy of that in your file though.


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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

ok so if i jusy print off the 1st page then would that suffice? Its 59 pages long.....

 

Im printing off 1st 3 then last page for summary


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

Share this post


Link to post
Share on other sites
ok so if i jusy print off the 1st page then would that suffice? Its 59 pages long.....

 

Im printing off 1st 3 then last page for summary

 

:thumb:


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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

Ok, all printed off and sent.

 

Court date Friday, any relevant info I should know on what to say and what not to say?

 

What if Judge asks me if this is my debt. I guess the question is not whether it is my debt my whether it is enforceable.

 

If I lose then I pay their costs, what happens if I win, do they pay mine, and should I have that handy to give at time of judgement.

 

If I lose can I appeal?


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

Share this post


Link to post
Share on other sites
Ok, all printed off and sent.

 

Court date Friday, any relevant info I should know on what to say and what not to say?

 

On arrival at the court..check in with the court usher....take 3 extra sets of your SWS...and ask the usher to check if its in the file as you posted it Mon 20th..if not pop one in.

 

What if Judge asks me if this is my debt. I guess the question is not whether it is my debt my whether it is enforceable. Most judges wont ask that..hes aware there is a dispute

If I lose then I pay their costs, only fixed costs as its SCT what happens if I win, do they pay mine, and should I have that handy to give at time of judgement. Yes

 

If I lose can I appeal?

Only if the judge allows it and you request it


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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

Cheers Andy

 

Is there any capping on costs, as this has taken pretty much a good 20+ hours of my time, what is the standard cph that you can claim?


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

Share this post


Link to post
Share on other sites
Cheers Andy

 

Is there any capping on costs, as this has taken pretty much a good 20+ hours of my time, what is the standard cph that you can claim?

 

The amount, which may be allowed to a self represented litigant under rule 45.39(5)(b) and rule 46.5(4)(b), is £19 per hour.

 

Correct?


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...