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    • Hi all   Firstly, thanks for all the helpful threads on here. Whilst there's a lot to read and get through, it's both helpful and reassuring to see so much great advice and support to others in similar situations.   I've received a letter and a Claim Form from Moriarty for an ADCB CC debt. I'm presently in a DMP for existing UK debts and (probably like many others) I truly don't know the best way forward, as time is clearly of the essence - but I don't feel I've 'up to speed' yet on all the other threads, advice, lingo etc. to respond accordingly.   I'm looking at drafting the PAP and getting it of tomorrow, but just want to get into the other threads to see if it's the right thing (and get more info on similar cases).   Please feel free to comment with any advice - all gratefully received of course. Thanks again for anyone that's posted in other threads and great to see so many kind and generous respondents helping others.
    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
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All depends on the terms of the referendum. I can't see BJ going for a binary deal or stay so it would be stay deal of no deal in a STV style. If that were the case i think deal would win 


Any opinion I give is from personal experience .

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Its seems to me that an EU deal isnt really an option given the details I've seen on the ERG 'required future US deal ...

The current deal is just a trap for no deal next year

Edited by tobyjugg2

I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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I accept that Johnson would prefer a referendum on his deal (which is simply a prelude to no deal but whatever the EU would like and he will accept - nothing else) or no deal

 

but that is highly unlikely to be the choice unless he gains a clear majority in a GE

 

Corbyn wants his leave deal or his fantasy remain deal - so largely the same

 

 


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Going to be interesting what Corbyn 'instructs and what Labour MP's do today.

 

Johnson con-[problem] should be voted down to prevent election date fiddling etc

 

but will corbyn support the libdem/snp proposal to set a fixed election day ?

and if not why not?

and whatever Corbyn says, what will Labour MP's do?

 

 

Interesting that the Labour deselection program isn't going in Corbyns favour and darned good Labour MP's are being supported by their local members against Corbyns 'cleansing program.

 

 

 

I don't think Johnson actually wants a real election 'peoples vote' any more than corbyn does.

LOL

 

 

 

 

[problem]

(skæm)
n
a stratagem for gain; a swindle
vb, scams, [causing problems] or scammed
(tr) to swindle (someone) by means of a trick

 

Edited by tobyjugg2

I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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I think Labour are going to stick this out until public opinion turns against Johnson, or at least that is what they are hoping.  Presently, they hold the power in terns of when a general election can be held and it makes little sense for them to give up a good position now.  We're in for a long wait for a general election if what I understand is true.  How long can Boris keep the public hanging on to the notion that everyone else is thwarting brexit.

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29 minutes ago, Jase1982 said:

I think Labour are going to stick this out until public opinion turns against Johnson, or at least that is what they are hoping.  Presently, they hold the power in terns of when a general election can be held and it makes little sense for them to give up a good position now.  We're in for a long wait for a general election if what I understand is true.  How long can Boris keep the public hanging on to the notion that everyone else is thwarting brexit.

 

So you think that yet another  EU extension after another 3 months of waffling and avoidance from Johnson AND Corbyn is a given do you?

 

 

I'm pretty certain Johnson and Corbyn don't.

Its quite clear BOTH want us out of the EU before any general election - its just that Corbyn will deny it.

 

and do you think that Labours position will improve or deteriorate with their blatant waffling avoidance?

 

and it is Corbyn who is undermining the REAL labour position as stated by most of the Cabinet - even his allies

Edited by tobyjugg2

I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Looking at opinion polls, it seems that as time goes on, Johnson is losing both support and respect. As such it would make perfect sense to postpone the election. The problem is, Christmas, this really means that unless we have the election in early December, it will be mid to late January before the next opportunity - after all these posh Tory boys will not want to move from their log fires and stately homes to actually meet people in December. Also there can only be so much of reduced item size and numbers before the public realise hat there is very real inflation out there. Look at Jaffa cakes, there are now only 18 in a packet where there use to be 20 - or the multipacks of Mars bars- have you seen the size: when I were a lad they were 'fun size' .

 

 

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Any opinion I give is from personal experience .

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1 hour ago, fletch70 said:

Looking at opinion polls, it seems that as time goes on, Johnson is losing both support and respect.

 

 

It seems not as fast as Corbyn is doing for the Labour Party

 


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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So selling the NHS and UK public out to US pharmaceutical companies to put control of UK medicine prices in the hands of US drug companies is now called

“valuing innovation”.

 

as in - adding right wing Tory innovation to the process of valuing (increasing the price of) medicines

 

Channel 4 dispatches

 

https://www.independent.co.uk/news/uk/politics/nhs-us-trade-deal-trump-boris-johnson-healthcare-drug-prices-liz-truss-a9175261.html

 

UK officials discussed NHS at ‘secret’ meetings with US drug companies as part of trade talks

Envoys sidestep ban on discussing drug prices by referring to controversial subject ‘valuing innovation’

Edited by tobyjugg2
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I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Puts it well although a lot of strong language

 

WARNING VERY BAD language Trump says (as in its true)

 

 


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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from the above document - the US's general provisions in negotiations

 

 

General Provisions:
-  Include general exceptions that allow for the protection of legitimate U.S. domestic objectives,
including the protection of health or safety and essential security, among others.

 

effectively need the US's OK for anything


-  Provide a mechanism for ensuring that the Parties assess the benefits of the Agreement on a periodic basis.

 

US can renegotiate when it likes what it likes

 

-  Provide mechanisms for terminating the Agreement under appropriate circumstances.

 

US can walk away when it likes

 

-  Provide a mechanism to ensure transparency and take appropriate action if the EU negotiates a free trade agreement with a non-market country.

 

You can't trade with people if the US says you can't

 

Edited by tobyjugg2

I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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22 hours ago, tobyjugg2 said:

 

So you think that yet another  EU extension after another 3 months of waffling and avoidance from Johnson AND Corbyn is a given do you?

 

 

I'm pretty certain Johnson and Corbyn don't.

Its quite clear BOTH want us out of the EU before any general election - its just that Corbyn will deny it.

 

and do you think that Labours position will improve or deteriorate with their blatant waffling avoidance?

 

and it is Corbyn who is undermining the REAL labour position as stated by most of the Cabinet - even his allies

 

Not a given, but without a general election I don't see how we can move forward.  And Labour won't give them an election.  I hear today they're talking about changing the law to allow for a fixed election date to go through with 51% of the vote, so maybe we will get an election.

 

Labour's excuses for not agreeing to an election are even starting to wear thin on me.  I just wish they'd make a lot more noise about why the deal is bad, and why there are no up sides to Brexit.  Like why they haven't released a white paper detailing all the economic benefits.

 

I agree, I don't see Labour's position improving under Corbyn.  There's just been too much effective propaganda against him, and leavers would still rather back Boris, which says it all really.

 

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Looks like we're getting a December election anyway.  If someone could explain the pantomime we saw yesterday that would be great!

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@Jase1982

If I understand what you are asking correctly

 

Its all about not letting Johnson have a 'normal' method of genaral election, as he would then have the power to set and change the date ... eg to after any extension date

 

The SNP/Libdem motion is to fix the date of the election preventing shenanigans with the date at least.

 

Johnsons re-run version(s) of motions will be to try to ensure he can fiddle with the date of any election.

 

 


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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The problem is , we know BJ is a liar and will do all he can to manipulate the circumstances. We have to fix the date of the election , problem as I see it , is it makes a mockery or the FTPA . I worry about the outcome of the election. Even if the SNP it Lib Dens hood the balance of power, there will be no time for a referendum. 


Any opinion I give is from personal experience .

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I'm confident the EU would grant an extension for a peoples vote referendum.


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Fly on the wall listening in on telephone conversion in No10 - he'd been waiting a while.

 

 


Johnson:

Donald, Don, my main man, Its your man in the UK - I've been trying to get through to you for hours. about what you said on air

 

Trump:

Nige, I was the absolute greatest, I really really made your show the best and we played it just like Vlad said would work but it wouldn't have worked without me I was the best the greatest

 

Johnson:

No Donald, its Boris ......... the British Prime Minister

 

Trump:

Oh the other limey - what do you want.

 

Johnson:

What you said on the show is causing difficulties for our plan.

 

Trump:

No I carried out the plan - get you to support my number 1 man in England - Nigel, just like Vlad said right. You are just a number 2 and no straight flush at that.

 

Johnson: Donald  er Mr President ...  we were supposed to get Brexit done then get the deal ... remember

 

Trump (interrupting):

Now listen here you limey loser, nobody but me says what goes in our trade agreement and what doesn't - I decide.

 

Johnson: yes sir I know Mr President sir, that stuff about the EU and protecting rights and the NHS not being on the table was just to get Brexit done so we could really do what we agreed.

 

TRUMP: HUH?

 

JOHNSON: You know, a trick to con the plebs. just like you saying you didn't demand the Ukrainians

get fake dirt on your competitor in exchange for the American Tax payers money

 

Trump:

Oh right - I get it now and they should just not pay taxes like me if they didn't want me to spend it.

.. OK you do that, and make sure Nigel gets some seats this time.

 

Johnson:

Yes Sir Mr President, but [click] Hello, hello, hello Mr President, Sir,  are you still there.. ...

 


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Well, Corbyn confirms Corbynite Labour is NOT a remain Party

 

https://www.independent.co.uk/news/uk/politics/jeremy-corbyn-brexit-labour-allotment-pact-remain-seamus-milne-diane-abbott-john-mcdonnell-a9184081.html

 

... apparently reneging on an agreement with his senior MP's on the advise of his senior unelected advisor's,

those advisor's championing and managing Labours revival down into the lowest levels of popularity Labour has ever seen

 

 

 

"The Labour leader reportedly met with allies John McDonnell, the shadow chancellor, and Diane Abbott, the shadow home secretary, at his north London allotment during the summer and agreed that the party should move to a position opposing Brexit.

However, the plot was scuppered by Seumas Milne, Mr Corbyn's director of strategy and communications, according to a Channel 4 Dispatches programme to be aired on Monday night."

 

 

That should end labour.

Brexiters will go Brexit Party - or Con

Remainers only have Libdems to vote for in England

 

 

Other issues?

What other issue - they are all transient, changeable, affectable and will almost certainly take multiple election periods and wins to implement and we can vote anybody out next time with limited damage..

- Brexit is not.


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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How would they possibly know what happened and what was said at his allotment?

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Perhaps watch dispatches and see

 

and it certainly fits with what Corbyn is and is NOT doing


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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and don't foirget his statements on a renegotiated Remain or a renogotiated Brexit

 

😘😘

 


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Have to log out and close page just to stop CPU being hammered


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Ok back - I've completely blocked the sidebar see if that relieves the stress

 

"

The meeting at the allotment reportedly ended with the three agreeing that Labour would "unequivocally" back Remain and that Mr Corbyn would write a newspaper article announcing the change. 

Dispatches claimed that the article had been written and ready to publish but that, at the last minute, Mr Milne persuaded Mr Corbyn to ditch the plan. 

The party's Brexit position has been at the centre of a long-running row between senior members of the shadow cabinet and Mr Corbyn's closest advisers, including Mr Milne and the Labour leader's former chief of staff, Karie Murphy, who is now overseeing the party's election campaign.

Mr Corbyn's senior aides are widely reported to have urged him not to agree to many MPs' and members' demands for the party to fully oppose Brexit.

"

Edited by tobyjugg2

I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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emoji popout largely unusable, but this site uses MASSIVE resources just to display pages in firefox.

As soon as you try to insert emoji or anything extra ... resource and CPU usage goes through roof

 

Logout and shut down CAG page - resource usage and CPU usage drops hugely

 

Even just selecting another tab drops resource usage.

 

Edited by tobyjugg2

I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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