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    • I have received an email in the last 10 minutes 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024  It also includes a "Notice of Hearing" stating that the application hearing will take place on 13th June at 10.00am.  Confused as to whether I need to attend this ?
    • I've received this notice to keeper. I work for the NHS and was delayed due to patient care. I park here regular and and have never had any issues. I've looked at the evidence on the portal and other than showing that i entered at 12.59.33 and departed at 17:14:14 it doesn't state how long i overstayed for. I paid for 4 hours parking over the phone which i wont have done till i got parked but as its over the phone i have no receipt or record but it is not possible for me to have been in excess of 15mins from the photos alone but I'm unsure having read other threads whether grace periods are 10 or 15 minutes. I havent appealed yet but and was about to but in appealing i'm showing i'm the driver which i gather is something you state we must never do. I don't like confrontation but £60 seems extortionate. Hope you can help. 🤞 1 Date of the infringement 30th May 2024 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 30th May 2024 [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s 3 Date received 5th June 2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No reference to schedule 4 just says"...we the creditor reserve the right to recover unpaid parking charges from the registered keeper in accordance with POFA 2012." 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up NA 7 Who is the parking company? Carpark securities 8. Where exactly [carpark name and town] Northgate, Halifax Former Dews Car Park HX1 1XJ For either option, does it say which appeals body they operate under. IAS There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   Notice to Keeper.pdf
    • It never seems to amaze me how the chuckleheads think that No Stopping can ever offer a contract when it is prohibitory. In any case you did not accept the contract by entering the land, you entered the land to get to the airport for goodness sake. In most car parks there is a Consideration period that allows motorists to decide whether they want to stay in the car park . Here on a road, there is no consideration period and whether the motorist finds the terms agreeable or not even assuming that they are able to understand that they are being hoodwinked into believing they are being offered a  contract they cannot turn back. They have a plane to catch and even if they did turn back because they didn't accept the  No Stopping term of   the so called contract they would still have had to stop to turn around. Plus there is a question of Frustration of Contract. You had to stop at a pedestrian crossing .    
    • Just a couple paragraphs their WS that it might be useful to refer to specifically in the OP's WS... Para 6 A contract was formed with "the driver" of the vehicle. Para 8 "The driver" accepted the contract. (The "driver" is not named, or identified anywhere in the WS). Para 7 WHY would there ever be a "no stopping" restriction in a car park? (In Para 10, they specify that it is a "car park"). Para 11 "The Defendant" became liable." Again, they have not shown that the Defendant was "the driver", simply the keeper. Para 20 "It is a matter of agreement"? Not really sure what they're trying to say here...
    • Thank you for relying so quickly! That is what I had concluded was the reality of the situation.. I'm still waiting for the call within my time slot.. I will try to fill this thread with more info, find original letters and show the docs of the pack I was sent, a pack with no real covering letter to show what it was in response to or from whom..
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HBOS Marbles Card - Unpaid & Lost PPI Plevin Cheques


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Hi martin2006

 

Appologies for such a late response but I have suffered with Arthuritis in both hands, I have been unable to pick up or hold anything for about two weeks

 

Answer to your question is yes, I sent it on Wednesday this week and have given them 21 days to respond as I have provided them with my email address. I have no doubt that they will not respond and hope that I am taking the mickey, but let them think that.

 

After reading some of the threads re: NewDay Cards it looks like they are automatically rejecting every claim in the hope people will give up.

 

Will keep the thread up dated when / if I get a reply

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  • 3 months later...
  • Replies 93
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Hi all

 

Having problems sending email to F.O.S. Must go by email due to my location.

 

Currently the address I have just keeps telling me that they are unable to deilver.

 

Can anyone advise of the email address please.

 

Many thanks/

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FOS website

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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Hi Dx,

 

That is the one I have been using sending an attached PDF copy of a letter that I received from the FOS.

 

After around a dozen rejects I eventually copied and pasted the contents into an email and as yet (3 days later) it has not been rejected.

 

Many thanks for looking in. Appreciated

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how large was the attachment?

 

 

I've known the site to reject anything larger that a couple of meg 8MEG is the max or used to be

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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  • 9 months later...

After reviewing everything above back last year I sort of lost my way and it was put on the back burner.

 

I have this year to have a go at reclaiming the PPI, however there are a couple of questions that I need clearing up.

 

1 .. I use the compensatory spreadsheet CISSHEET101. X's

2 .. when I get to the LBA the total claimed will include stat Interest?

3 .. is the stat interest claimed on just the PPI payments or both Above!

4 .. should Newday defend and it goes to a hearing I would be unable to attend ... distance ... so I have a proposition.

 

Proposition

 

Would one of the well informed PPI guys attend court for me, I would obviously make restitution of lost earnings etc. plus 10% of the award (after tax) being donated to the CAG.

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If you live in sorsogon (Bicol) region permantly then you may need a local uk solicitor (is it worth it) or you could fly up on PAL /Cebu Pacific from legaspi over volcano to MNL then to LHR and back ..

:mad2::-x:jaw::sad:
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Live in Bitano, Albay.

 

 

Considered using that in my LBA with the hope that they would give in

but I see they defend all their PPI claims in court unless it's 95% certain of losing.

 

 

Bing not able to attend would give them the impetus to defend in court

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I have a question with reference to interest and PPI

 

I understand that PPI is calculated after interest has been added, this is where I may have a problem. My ex partner was drawing cash from ATM's which was of course at a higher rate than purchases so I now have two interest rates on the statement. I have calculated the compound interest on the purchases, but ... how do I calculate such on the cash advances or ... is it advisable to leave this well alone.

 

Current value of claim is £8,500+ without adding th 8% statutory interest

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  • 2 weeks later...

CISheet v101 Final (CAG).xls

 

Okay chaps, have not bothered with the split on cash drawn. Can some one have a quick look at the spreadsheet and advise or whatever.

 

Also have the LBA done, again any comments, good, bad or indifferent taken in

 

********************************************

 

LBA Copied and pasted

 

Dear sir or madam

 

Reference: Marbles Payment Protection Insurance

MasterCard Account Number XXXX-XXXX-XXXX-XXXX

 

As it has not been possible to resolve this matter amicably, and seemingly apparent court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

 

On the DD May 2004 you provided me with a regulated Marbles MasterCard Credit Card with Payment Protection Insurance (PPI). At the time of opening I was not made aware of the exclusions, either by written, verbal or digital means and continued to pay PPI premiums until the account was defaulted, closed, and sold

 

From you I am claiming …

• £ 1,050 : PPI Payments made

• £ 6,200 : Restitution

• £ 5,100 : 8% Simple interest

• £12,350 : Total

 

I confirm that I may be agreeable to mediation and would consider other systems of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. I would invite you to put forward any proposals in this regard.

 

In closing, I draw your attention to section II (4) of the Practice Direction which gives the courts power to impose sanctions on the parties if they fail to comply with this direction, including failing to respond to this letter before claim.

 

I look forward to hearing from you within 21 days. To respond (by email) from the date of this letter I have approved the use of my personal email account [email protected] to expedite matters quickly and to ensure delivery of such.

 

Should I not receive a response to my letter within this period then I anticipate that court action will be commenced without any further reference to NewDay Cards Limited and without further delays.

 

Yours faithfully,

Mr British Expat

 

************************************************

 

Was wondering that if they rake it into a court hearing if I could ask the court for a costs order as I would need to return from SE Asia (value £1,500+) or my offer still stands from earlier in June

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not sure on that spreadsheet and what you've done?

you cant claim +£5k in rest int if you never paid that in the first place

 

 

you can only claim their int rate whilst you were charged it.

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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small claims up to £10.000 over that is a different kettle of fish - restitution careful there these days you would be lucky and cannot claim that old red herring?, 8% award by a court more like, they battle all the way , by the way excel will not open your document.

 

Their interest rate up to the time of default issued. no doubt for any chance of restitution? sure others will know more in that area.

 

sure others will comment also, as for coming from Bicol to attend court - warning do not get flippant at this stage as courts could put sanctions on you let alone the defendant,,

:mad2::-x:jaw::sad:
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Dx100

 

May need to download to PC first then open. Saved to Excel 97-2003 format

 

Many thanks for feed back. Now understand where I went wrong. Have now uploaded the corrected spreadsheet. Sp O now know what I need to change on the LBA

 

gain, any comments good, bad or ugly welcomed

 

PS there were five interest rates with the biggest at 35.9%

 

Old Cogger

 

Would never have asked for a costs order as I will always find someone to stand for me.

I have great respect for the British courts system

CISheet v101 Final V1 (CAG).xls

CISheet v101 Final V1 (CAG).xls

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not sure what you are calculating, well I am

stupid int on ppi that you never paid in the first place

 

you need to use the fosrunning sheet at their avg APR int rate over all the years you had an active account.

 

then the sheet will do the 8% for you to till today

you've wasted hours doing that and its total BS ..sorry.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

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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  • 2 weeks later...
  • 3 weeks later...

To admin

 

First Appologies for such a late response but I have suffered with Arthuritis in both hands, I have been unable to pick up or hold anything for about two weeks

 

Is it possible to delete all the garbage from 21 down as I have been around in circles and got seriously lost in what I have been doing. I have replace all the garbage with the next post (I hope)

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  • 11 months later...

Hi.

I have come back to this thread but maybe I should not have.

And started a new one.

 

Back last year I submitted a LBA early October and Marbles responded that it was not a PAP Letter and they ignored it.

 

But things have moved on and this was forgotten until clearing out my cloud drive

 

Because of the postal situation here I sent the new PAP Letter with other paperwork registered to arrive April 27th. It arrived 25 April

 

I gave Marbles 30 days to respond plus 14 extra days for return delivery

 

They have failed to respond.

I am now in the process of issuing court paper & could someone please take a look at my draft POC and give me some serious feedback

 

Many thanks

 

In Between: Mr x and

NewDay Cards T/A Marbles Credit Cards

 

--------------------------------

PARTICULARS OF CLAIM

--------------------------------

0. The defendant has failed to respond to a PAP Letter Before Claim despite having 30 days plus 14 extra days for delivery of response

 

1. The Claimant opened a Consumer Credit Agreements with Marbles MasterCard on 12th May 2004 with the account number XXXX XXXX XXXX XXXX which was a Credit Card Agreement under the Consumer Credit Act 1974. I will refer to this as the “Agreement"

 

2. The Agreement included Payment Protection Insurance (“PPI”) which was taken out at the time by ticking a website tick box

 

3. The Claimant contends that the PPI relating to the Agreement was only purchased as a result of none or inconclusive advice provided on the website at the time of the Agreement and the claimant puts the defendant to strict proof of this being supplied either verbally, by post or by any other means.

 

4. At the time the Office of Fair Trading stated that “PPI protects borrowers' ability to maintain repayments and should help them avoid getting into debt should they be unable to keep up their repayments due to accident, sickness or unemployment.” The Claimant contends that the PPI sold in relation to the Agreement was never capable of meeting those requirements, and that the policies were mis-sold.

 

5. The Claimant contends that the PPI relating to the Agreement was not suitable for purpose because the claimant had at the time, a long-standing ongoing medical problems

 

6. Based on this, and further contentions outlined below, the Claimant believes that the advice given by the website was in fact fraudulent, and therefore a breach of common law, in that the representation of the product’s suitability was either made

 

Knowingly, or Without belief in its truth, or Recklessly, careless whether it be true or false. I refer the court to the judgement given by Lord Herschell (Derry v Peak (1889) 14 App Cas 337).

 

7. The Claimant contends that there was no information provided written, verbal or electronic of alternative options, or comparative costs of similar PPI products from other suppliers. The claimant puts the defendant to the burden of strict proof of such being provided by the defendant

 

8. The Claimant contends that it was never explained that the PPI would attract interest

 

9. The Claimant contends that the Defendant has been given ample opportunity to seek a resolution to the matters raised in this claim, and their outright refusal to even enter into discussions is a clear breach of the Financial Services & Markets Act 2000.

 

10. The Claimant seeks damages and other sums, as listed below, against the Defendant under Common Law, and/or section 2 of the Misrepresentation Act 1967, and/or section 140B of the Consumer Credit Act 1974:

 

PPI Premiums actually paid totalling £x,xxx

Restitution on the PPI premiums totalling £x,xxx

Statutory interest at 8% per annum totaling  £7.23

 

The Claimant believes that the facts stated in these Particulars of Claim are true facts

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  • 8 months later...

Good day all

 

Can anyone confirm when Marbles CC ceased to be a legal entity please

 

i ask as i live in SE Asia and have submitted a PPI claim but the Lawyers are trying to strike out as claim is against an entity that no longer exists

 

Although i have communications from BOS from a PAP letter dated Oct 2019 and supposdly paid out the Plevin part of the claim.

 

Also need address to write to as the Plevin part state cheques sent Oct 31 but not received 

 

many thanks for your tome

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Scan up the letter to pdf

read upload

 

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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you mean capquest

if the debt has been sold

why have you sent the pap reply to marbles?

surely this came from capquests pet solicitor?

 

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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