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    • Just an update after a right battle Moneybarn have agreed the VT. Thanks for your guidance dx and others.   One last question if I may. I've lost the service book. Is that likely to be chargeable?
    • Hi All   I've been burying my head in the sand with this, I basically had to stop paying the HP payments on my car as I couldn't afford them.  The car has now been collected by a sherrif officer, I thought that the car would be taken to auction and sold, the proceeds from that sale go to original lender then they would adjust intrest etc and potentially chase me for the rest, however the day after the car was collected I was given a letter for an earnings attachment fot the full amount ?    Now thankfully the employer detials they have are incorrect but it won't take them long to track me down, question is, can they do this for the full amount ?  Also, am I leggaly obliged to disclose where I work ? And on another note, I've heard that to stop the arrestment I should do a Moratorium ?    Can anyone advise please ?
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    • A very good morning to everyone!  My father received a PCN last week - he shops regularly at a local Lidl's.  The Notice tells him he was seven minutes over the measly one hour that is allowed in that car park when he drove away on 7th October.  The Notice is dated 15th October.  It's got the usual guff about paying half if it's within 14 days of the date of the Notice.   My father is 91.  He is my mother's main carer - she's 83 and has Alzheimer's and is immobile, and therefore uses a wheelchair.  Because he is stubbornly independent, he won't allow me or my sister to do an online shop for him, hence the weekly shopping trip.  Firstly, he has to find a Disabled space - sometimes, this means waiting a while until one becomes available, or he tries to find an "end" space in the regular part of the car park.  Then, it can take him up to ten minutes to get the wheelchair out of the boot and get my mother into it.  Then he has to find a trolley that attaches to the wheelchair - this has proved difficult, apparently, in the last few weeks, and he said that, this past week, he tried three until he found one that wasn't faulty.  Then they can actually go in and shop.  The store has a system for scanning receipts and then entering your car's registration in order to confirm that you have actually shopped in that store, and not just parked there to potter into the town.  My father says that sometimes, this can take a few minutes, as there are inevitably people waiting to do this, and not all of them a)remember their registration or b)type it in correctly the first time!  Once that's done, he has to get the shopping and my mother back to the car, unload her and the shopping into the car, put the wheelchair back into the car, and then they can finally leave.  I have told him that I'm happy to do an online appeal to Parkingeye on his behalf - do you feel that what I have just outlined would meet with sympathy and understanding, or is there another approach that would result in a favourable outcome for my poor father?  One hour is, I feel, a very tight timescale for anyone in his position, and indeed, anyone who has to cope with someone who is seriously disabled.  I am also tempted to write to the management of the specific Lidl store to tell them that they've got damaged trollies that need attention!   Thank you very much for your time, much appreciated.
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Cahoot card court action to reclaim charges and contractual interest


tnook
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Bloomin' eck. Less than 24 hrs to go and the Santander Solicitor has submitted a bundle to the courts. From what I can tell she has taken my bundle and added all her documents. I thought there was a 48hrs deadline for submitting items to the court.

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Posted (edited)

Well this sucks, hearing is being postponed due to lack of judges. Does this buy them more time to revise their witness statement?

 

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Dear Sir/Madam

 

We write to inform you that the Small Claim of the above listed on 27th July 2021 is vacated due to judiciary availability and will be re-listed on a date to be fixed.

 

An order with notification will be sent out to parties in due course.

 

Please confirm that you have received this email.

 

Kind Regards

 

Edited by tnook
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Irrelevant really...I assume they have submitted their main statement...that's the only one that will be taken into account....any further statements supplemental are normally disregarded anyway.

We could do with some help from you.

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29 minutes ago, Andyorch said:

Irrelevant really...I assume they have submitted their main statement...that's the only one that will be taken into account....any further statements supplemental are normally disregarded anyway.

Yes they did, I posted it above. It was brief, focussed on the arrears, the terms and conditions and no reference to any other cases, regulations. The solicitor then submitted 5 exhibits separately. Statements, T&C's, default letters. I am thinking they got a barrister involved over the weekend, who wanted all the documents in one bundle.Which is why the resubmitted it this morning as one PDF, whilst claiming to be doing the court and judge a favour.

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  • 2 months later...

Right so the hearing was postponed in the last minute due to lack of availability of a judge. It is now scheduled for November 2nd. I just got another letter from their solicitor, trying to scare me off with legal fees. The case is allocated to the small claims track. See their letter test below, they are claiming to use the letter itself in the court: @Andyorch

 

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Dear Sir

 

We refer to the adjourned final hearing of your claim, which has been re-listed for Tuesday 2 November 2021.   

 

As you know, the bank believes that your claim will not succeed at a final hearing.  However,  before the bank incurs a further counsel’s fee in respect of the forthcoming hearing, it wishes to offer you a final opportunity to discontinue the claim on the basis that the bank will bear its own costs incurred to date if you discontinue before it incurs any further fees.

 

Accordingly, we invite you to confirm, by close of business on Wednesday 20 October 2021, that you have discontinued the claim. If we do not hear from you, the bank will have no option but to proceed with incurring a further counsel’s fee and reserves the right to refer the court to this email, when appropriate, at the hearing.

 

Yours faithfully

 

Santander UK plc  

 

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usual intimidation and ofcourse total bs

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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Well that's a decision only you can make and how strong you feel your chances of success will be...obviously further costs will be involved but they will only affect you should your claim be dismissed  

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3 minutes ago, Andyorch said:

Well that's a decision only you can make and how strong you feel your chances of success will be...obviously further costs will be involved but they will only affect you should your claim be dismissed  


Thanks for the reply. I thought now that the claim is in the small claim track that fees wouldn’t be an issue. There has been no breach of protocol. 

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You can still incur additional costs in the defending of the claim should your claim be unsuccessful. Although the costs will be restricted subject to the discretion of the judge.

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This is very strange. The lady I have been in communication with at Santander, their legal counsel, has just submitted a Hearsay Notice to the courts. I've attached it. She has submitted a notice to use her already submitted witness statements. But not necessarily call upon herself. What is going on?...

 

I've attached the notice.

Hearsay notice 22.10.21.pdf

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Notice must be served if any statement refers to hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.

 

Andy

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Not really you cant cross examine a witness anyway in SCT with or without hearsay notice.

We could do with some help from you.

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

 

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