Jump to content


  • Tweets

  • Posts

    • First of all welcome to the Forum. Do not worry about Drips+ -a dead sheep has more power so do not let them bother you and never contact them. It is a pity that you wrote to PE  which would be perfectly normal, except with crooks like PE  as you may have revealed you were the driver. You have lost the protection of POF A but it is not a fatal. Please do not even think of paying a penny. The amount may go higher in the short term but when the poor dears do not hear from you they get worried ( because they think to won't pay) do they start sending begging letters and reduce the amount owed.I One of the Site Team will be along shortly and give you a template to fill in which helps us to give you the best advice should they not give up. Just complete the form and post up photos of the signs at the entrance to the hotel and others around the car park and the terms on their ticket machine if there is one.
    • HI   You took possession of the Property in 2010 but when did you end the Tenancy Agreement?   Did you give them the required Notice to end your Tenancy?   You mention you paid a Deposit in 2010, was this returned when you ended the Tenancy?   You need to know exactly what they are claiming money owed is for and surprised that solicitors letter does not mention this.   Send the Landlord a Subject Access Request (SAR) asking for 'ALL DATA'  (ensure to send a copy to the Solicitor acting for them as well. 
    • yes only court...   can I confirm this was settled via Barclaycard and chargeback as it was a debit card, rather than section 75 via a creditcard?  
    • Hi   Sorry for the delay in getting back to you don't worry we have not forgot you.   So they have destroyed ALL DATA personal to you as you did not take the Property. (really they have put there foot in it)   If they hold no personal data then they have NO evidence of what was agreed to with your Holding Deposit and the refusal to return it.   Now if it was me I would let them drop themselves in it even further by responding to there SAR response.   Thank you for your SAR Response dated XX/XX/2019   Due to this response I require clarification of the following:   1. Have you followed the Data Protection Act 2018 & General Data Protection Regulations on Destroying My Personal Data?   2. If you have Destroyed All My Personal Data then what documentation do you hold that I have signed/agreed to the Holding Deposit being Non-Refundable and to provide copies of this documentation.   3. I require a copy of your Policy on Holding Deposits   Please bear in mind the above is what I would do.   I do think it is looking like you may have to go down the court route (make sure and have a good read of that link I previously gave you to the Tenants Fee Act).
    • HI   Firstly the parking in front of your drive, do you have a pavement with a Drop Kerb in front of your property to access your driveway, if so are they infringing on the Drop Kerb? (note your can ask the council to to paint a white line with lines at the end on the road in front of the drop kerb please note there may be a cost from the council to do so)   As for the CCTV look at this ICO link: https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-using-cctv/   Due to the new DPA/GDPR if you have CCTV on your Property and it views outside of that Properties Bounderies they then need to register as a Data Controller with the ICO.   So I would make a Formal Complaint in writing to the Councils Data Controller, ICO (specifically asking if this individual is Registered with them as a Data Controller) & Police, you need to keep a good paper trail of this individuals actions.   I hope this individual knows the Law on Harassment as from your thread that is the impression I get is no matter what you do they will find something else to complaint about.  
  • Our picks

roland60

ECP/Gladstones PCN claimform - operator Photos - Chamberlain Buildings,

Recommended Posts

Hi 

 

Thanks ericsbrother

 

I am working on my WS, any links i may have missed to other threads would be helpful.

 

Please see attached Gladstones WS 

WS Gladstones.pdf

Share this post


Link to post
Share on other sites

 

We cant read the contract they rely on, we must be able to so we can be certain of what rights they have and what they dont have.

Scan it so it can be blown up, a blurry photograph of a photocopy isnt clear enough.

 

There is plenty to pull apart in their WS but better to go after the big one if possible.

 

the other thing is you need to make it clear that you wish to cross examine the person who wrote this statement (they wont be there) so you need to try and find as many points to pick at as you can so you can ask the judge to disallow it as being not actually as statement of truth.

 

Often weighting will be applied to a paper submission like this as being less than an oral statement but that will depend on how close you are to the balance of probabilites being a factor.

 

Trash them on something major an it wont matter what they say or write

Share this post


Link to post
Share on other sites

Thanks Ericsbrother

 

Really appreciate your help, please see better quality attachment.

 

Thanks 

WS Gladstones.pdf

Share this post


Link to post
Share on other sites

so no proof the contract has been paid this year then?

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I agree and judges dont like this sort of contractual evidence without furhter supporting evidence that it was renewed so somehting you will make a point of in your WS.

 

Also the banks of the company that owns the property has charges on that property that may disallow them from assigning such a contract anyway.

 

I have not seen an example of a bank enforcing such a condition but still worth saying that the charges on the property prohibit KAP Investments from entering into such a contract and thus ECP have no authority and cannot perform to the contract.

 

Now this is somehting that only stands a slim chance fo being considered on its own but it does add weight to your other arguments and will make them look less reliable as witnesses fr not actually checking to see if they can have agency in this matter with those terms * standard for bank loans but copy the ones listed as charges at Companies House

Share this post


Link to post
Share on other sites

Hi All

 

Due to my ill health and a long list of various health conditions and to top it up stress and anxiety issues, I wanted to know how to approach the claimant to settle this outside court, as I absolutely do not have the energy to deal with this.

 

My family have offered to help me financially.

I have all the evidence from my hospital admittance and appointments.

 I am currently off work on a sick note.

I would be grateful for some advice as the hearing is on 23rd August.

 

Regards

Roland

Share this post


Link to post
Share on other sites

put them all in a private msg to me i'll do it

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

here's the better scans of the exhibits

 

 

Exhibits_(1).pdf


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

This was the defence I submitted on MCOL

 

1.    The claimant has failed to produce a contract with the landowner that assigns them the right to enter into contracts with the public and to make civil claims in their own name,  so the defendant does not believe they have locus standi in this matter.

 

2.     The defendant believes that no planning consent was obtained for the signage as required under the Town and Country Planning Act 2007, this means the signage is there illegally and it is not possible to enter into a criminal compact.

 

3.     In any case there was no contract between the claimant and the defendant so no cause for action.


 

 

Share this post


Link to post
Share on other sites

you've just asked me roland60 if there are any updates for you via PM

updates on what?

 

did you file your WS?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Hello

 

Can anyone help me with the witness statement as i am doing this on behalf of Roland60 who is not in good health to deal with this. The court hearing is this Friday, so I don't have much time to submit the Witness statement.

 

I would be very thankful for any help i can get.

Share this post


Link to post
Share on other sites

sadly your witness statement should have been in 14 days before the court date..


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Roland has said that the forum has been very helpful to him and that he has been asking for some help with the witness statement since 9th Aug, as he has been in and out of hospital during this time too. 

 

He did try and provide everything that was being asked for ie the defence again, exhibits etc and then their was problems with DX receiving PMs from me.

 

I would like to file this for tomorrow, where do we go from here?  would really appreciate the help for this.

 

Share this post


Link to post
Share on other sites

so he has made a ws?

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

no DX he had started it and i'm trying to do it for him the best i can.

Share this post


Link to post
Share on other sites

that's not an easy job and its already more than I week late.

 

there are examples of the format here but ofcourse each is somewhat unique to the case factors, and ofcouse there is the added 'benefit' in this case in that because you are so late, you have theirs to tear apart. that makes the task much easier but ofcourse in a way much harder as you need to pull each of their specific points aparts. it makes for a much stronger defendant WS giving a greater chance of success.

 

use the custom google search down a bit on the left after hitting the top squares CAG logo

 

i'm wondering if it might be better to urgently contact the court and request a postponement, in many medical situations, with the right wind they might allow it. as I can see gladdy's objecting to such a late disclosure WS from you and getting it rejected, then all the work will be in vain. 

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I think its best if the case can be postponed. We will contact the court in the morning.

 

Many thanks 

Share this post


Link to post
Share on other sites

We contacted the court and the lady gave us a few options, she said we could speak to Gladstones and if they agree to postpone the hearing then we will have to pay £100 or the other option is to send an email with medical evidence which will then be handed to the judge before the hearing and the judge will decide wether to adjourn for another date. She also advised to hand in witness statement today if possible.

Share this post


Link to post
Share on other sites

Gladstones will probably push for an "On The Papers" and cancel hearing, easy win for them that way.


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 OTHER

 

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

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...