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    • Thread moved to the General Legal forum.   HB
    • Will do thank you!    ive been told on phone the following :  UC Mac award 2424.15, they only deduct 831.78 and 291.42 for carers they then add my partners earnings on 1612 and the carers allowance of 67 a week,    ive asked for a full official breakdown 
    • OK.  So you lent your car to a friend in 2019 and he racked up three parking tickets that he tells you he didn't know anything about(!).  You were the registered keeper (RK) at the time at your family address, but you got chucked out and could not change your RK address with DVLA because you were homeless.  You knew nothing about the parking tickets and enforcement action until you got a bailiffs' letter passed on to you.  You made an Out of Time (OOT) application in respect of one PCN but Birmingham CC objected to it and the traffic court rejected your application.  A solicitor helped you make OOTs in respect of the other two PCNs but you don't yet know the outcome of those two applications.   Is that the situation you are in?   dx100uk thinks you can resubmit the application saying your friend was the driver.  I don't think saying that will help as the driver is irrelevant.  It's the owner who is liable to pay the charge and that is the RK (unless the RK is a car hire firm).  I assume you are not a car hire firm so you are stuck with the liability, not the driver.   Whether you actually can resubmit an OOT once one has been rejected I do not know, but why not try.  What did the solicitor put on the applications they helped you with?  Did you not ask their advice about the rejected application while you were with them?  I think you would have to say something to the effect that you never received any paperwork in relation to the PCNs because you had been chucked out of your home and because you were homeless you did not update your address at DVLA.  That is the truth isn't it?  You don't want to lie on the application.   To me that's a good reason for you not doing anything about the PCNs, but I suspect that Birmingham CC will object again and that the traffic court will reject again.  And, as I said above, I don't even know if you can submit a second OOT application in respect of a PCN if the first has been rejected.   So it looks to me like you might be a bit stuck.   Unless dx100uk, or spaceman61, or another poster with expertise in local authority PCNs comes along I'm not sure what you do.   If you get no more helpful suggestions here you could try on National Consumer Service.  If you do go there, do not register with a hotmail address.  You will also need to provide them with a timeline of everything for all the documents you actually have, and you will need all the facts and dates etc at your fingertips.  And make sure they are accurate.   http://forums.National Consumer Service.com/index.php?showforum=30   And get your friend to contribute to paying off the PCNs.  Do you believe he really knew nothing about them?
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How to Amend?substitute a Witness Statement.Blemain Finance


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If it were me I would do the failed SAR first since of you end up taking court action it will put you in a good light that you have given them every opportunity to comply.

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If it were me I would only leave it two or three days and then send a reminder.

 

Did you send the original SAR by a trackable method so that you know they actually got it? Have they cashed your payment?

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1. Single Premium PPI Q&A Read Here

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Read Here

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Read Here

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Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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  • 2 weeks later...

I recently submitted a SAR request to Blemain Finance

-specifically asking for an unredacted copy of the Underwriting Sheet and a copy of the Valuation report.

 

Blemain have refused to send me either of these saying 'that they do not class this as personal data-sayi only

and 'under no circumstances will they be realeasing this information.

 

sayi'ng that if I wish to dispute this,

 

please explain your legal reasoning for this request inclusive of your reference to Article 13 of the European Court of Human Rights (Right to an effective remedy)

 

With regards the Valuation report they say' this is for business purposes and under no circumstances will they be releasing it.

 

Also they will not release any information on their files regarding communication with third parties regarding me.

 

Is there any recourse I can take to get any of this information? Thanks.

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  • 2 months later...
  • 2 weeks later...

I have recently had court dealings with LMC and the judge totally dismissed all their claim and threw the claim out of court

-the reason was because of there underhanded and manipulated way that they tried to steer proceedings

-they used bully tactics and thought they were above the law

-by 'removing the Acknowledgement of service' from the claim pack

-sending a representative to my house asking why i had not returned the form

s-and general nasty bully boy tactics

-the judge made them remove all court charges from my account and pay me £350 in compensation

-stand up to them they are not as bright as they think they are. (And that's pretty dim)

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  • 4 years later...

I am looking for any information anyone may have regarding London Scottish Commercial Mortgages. I know that the company is no longer trading.

However, -particularly I want to know was this company ever Commercial Mortgage Introducers? around 2005?

 

If anybody can offer any information I will be most grateful,

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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click on the cag logo very top left

use the google custom search on the right.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Is it your witness statement (or someone else’s) and has it been filed and served already? 

 

What needs amending, is it something minor or something crucial?

 

Ordinarily I would file a second witness statement explaining what the issue is, how you discovered it and including the new information. 

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Hold on you haven’t answered my questions.  It makes a difference to how you should proceed. 

 

Also if you have filed and served the statements on the claimant,  when is/was the deadline for serving them? 

 

Edit - when I asked what you were changing, I was getting at this - are you adding new facts or changing the facts that are there, and if so what are you adding/changing? 

Edited by SuperVillain
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Do you wish to add or retract ?

We could do with some help from you.

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Ok this is making less sense now.

 

Is this an argument about breach of a court order or is there new facts about your actual case that you want the court to see? 

 

If its the breach of court order - what was the order, how are you being alleged to have breached it, what are the other side asking the court to do, and what’s your opinion on whether you have breached the order? 

 

I can can understand why you may be reluctant to post in detail on here (in case someone from the other side is reading) however it is hard to advise without understanding what is actually going on.

Edited by SuperVillain
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Content is not a breach of Directions...if what you have stated within the statement is valid and adds to your defence .then leave it.

 

If its detrimental to their claim...then obviously they want you to remove it

We could do with some help from you.

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Sorry, I didn't mean to be vague, I hope this explains it better.

 

The claimant is a well-known sub-prime lender who has featured on these forums quite a few times. I am concerned that they or their associates will be reading this so I don't want to jeopardise my case.

 

The case against me was initiated in small claims and is now fast track. The lender is claiming full possession of my business premises as they say I am in breach of my mortgage terms and conditions-for disputing and non-payment of service charges which 'in order to protect their interest' they paid. (The service charges are in dispute)

 

I am defending/counterclaiming-for the following:

 

1. No s146 was issued in respect of any alleged breach of disputed service charges-lender should not have interfered.

2. Excessive charges added to my account

3. A previous court order which was struck out where no costs to be added to my account has been ignored.

4. Unexplained solicitors charge added to my account.

5. When this mortgage was first taken out there was no additional T/C attached to the mortgage offer-The Mortgage deed does not follow this and additional T/C added. Therefore an Unfair contract has arisen (This is the bit they don't like.)

 

Court directions state that 

1. Evidence of fact to be dealt with as follows;

All witnesses must serve on all other parties signed statements of themselves and any other witness on whom they intend to rely on inc civil evidence act notes......etc.

 

Paragraph 4

 

Witness statements must;

a.        Start with the case and claim number

b.        Start with the full name and address of the Witness

c.       Set out the witness statement clearly in numbered paragraphs on numbered pages;

d.       End with this paragraph ‘I believe the facts in this witness statement are true.

e.       Be signed by the witness and dated.

f.        No permission was given for expert evidence

 

 

The claimants are now claiming that my witness statement does not amount to a witness statement under cpr rules for ongoing proceedings between parties.

They claim that my statement attempts to adduce new lines of Defence to proceedings.

They do not agree and that they do not agree to any amendment and consider the pleadings to be closed in respect of these proceedings?

 

Therefore, they say I have failed to provide a compliant CPR witness evidence and I am therefore in breach of paragraph 4 of the directions order-and I will not be permitted to rely on oral evidence at trial without express permission of the court.

 

Hope this makes the position a little clearer.

 

 

 

 

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They seem to be making a lot of decisions hardly seems worthwhile having a District Judge preside.

 

What  is paragraph 4 of the Directions ?  

 

Thread moved to Financial Legal Issues Forum

We could do with some help from you.

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Above where ?

 

Can you just please retype what paragraph 4 states?

We could do with some help from you.

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