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    • UPDATE 27/01/2022   I have filled out all the SD's for all the tickets (fifteen in total) and now I have respond from court - they took off the Bailiff charges and asked council for original price.   Council just send me an letter regarding one of the PCN's asking to pay 130£ in 28 days.   There was another ticket for speeding but was send from Metropolitan Police and they did asked to name the driver, which I did. She have to attend the course or face penalty.   Contacting Council of Ealing was a huge pain, I contacted them in November yet had to fill formal complain in order to get any answers recently. They supplied me with 15 videos showing my ex driving the car on the bus lane, yet they told me as an owner I am responsible for paying the tickets and I cannot name the driver, they don't care. I took her to the post office and she signed the V62, she is still waiting for the V5C.   I have been told by Council of Ealing that there are another 11 charges for the same bus lane violation ...     My questions in this moment are: Is there no discounted rate of 65£ after Statutory Declaration?  Will she be able to pay in installments?  As total amount is around 2.5k - 3k (depends if the new 11 tickets she will pay before 15/02) Do I have to worry much if she will fail to pay even though car is owned now by her (she signed V62) and she can be recognized on the CCTV footage? 
    • The Training room is an unethical sales company disguised as an educational organisation. In 2019 I enrolled with The Training Room for a software development course which I fully intended to complete. I suffer from MDD, Anxiety and ADHD and I was concerned that this would affect my course in some way, this is information that I gave over the phone to the person selling me the course.  My mental health suffered when I discovered that the course was nothing more than large blocks of text and a “tutor” who could only answer questions about the blocks of text.  This was extremely difficult for my ADHD, but I really wanted to obtain the qualifications- so I requested information regarding extending my course from The Training Room, to which I received no response.  I didn’t pursue it because I had a job, was making the payments and things were going well. Then, the pandemic struck and I lost my job and was refused furlough because I had started after the government cut off date. My mental state suffered further along with my financial state, and even though I managed to get onto Universal Credit, I was struggling. I rang The Training Room and eventually I was told it would cost an initial £200 and then £15 per month until I finished the course. As time went on, my mental health slowly improved with the help of my psychiatrist and psychologist.  However, when my course deadline hit, The Training Room told me, for the first time, that I wasn't eligible to extend my deadline because I hadn't completed enough of the course. This shocked me, as nothing had been said about this before this point. I explained my financial and mental situation and was given a ‘generous’ offer which allowed me to stay on the course for a maximum of four months after my deadline for a fee of £350. If I had been able to afford that option, I would have taken it, however, as I informed them both in writing and over the phone, I was struggling to complete the course within the deadline because of my financial and health issues – charging me more and giving me minimal time to complete the course merely exacerbated the problem. The Training Room is threatening me with legal action if I do not pay the full course fees of over £2000 and I do not have the money, nor do I think it is fair that they should charge me this. They did not listen to me, and were dishonest with me from the start. I’m not the only person who has had this experience with the Training Room.  Is it really legal for them to be so unethical? Am I going to be forced to pay this even though it’s completely unreasonable? Any advice or insights would be really appreciated.  
    • Thanks.   So having quickly looked through that second link, @simeon1964 needs to be fully aware that he might be liable to pay the other side's costs if he loses this fast track case?   (The first link is blocked for me.  Is that a problem with the link or is my AV software not liking it?)
    • Sorry to jump on this post, but I have just had 2 debts fall off my credit file due to being statute barred. Both owned by Lowell. Should I send them a statute barred letter?   They haven't contacted me specifically about these, other than they regularly send letters which include them at the top saying they have accounts of mine that need paying. One of these worries me especially though as it is listed at my old address, or it was on my credit file before it dropped off. I ignored that for ages because I was worried it might make them take me to court for them and I didn't want to draw their attention to it, but they have included the debt (Vanquis) on other letters they have sent to me at my address. I asked on here and sent a letter a few months back with my change of address but they didn't update my credit file with the right address so I don't actually know which address they would use. I also don't know if they have just written it off or if they will try and get a ccj for them..
    • Plus, the FCDO have put out a political type video on the NIP. This isn't what civil servants should be doing.    
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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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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.

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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.

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I just had an email from Santander. It's a skeleton argument and authorities from their counsel. Hearing is on Tuesday. Can someone look at it? I am going over it.

 

Reads more like their bundle. Is it ok for them to do this so late? Or does the fact its labelled a skeleton argument bypass this?

 

 

Skeleton Argument.pdf

 

This is beginning to being back bad memories of the BC hearing where I was made mincemeat out of.

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Plenty to chew over and take into consideration there from the contents of their second witness statement come skeleton argument.

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So skeleton arguments need to be submitted at least 3 days before the hearing. It's on Tuesday, which is 2 work weekdays. Since the skeleton argument reads more like a second witness statement. Can I argue that it not be considered and that it was to make up for the delayed original witness statement. Remember they made a hash of submitting it the first time around.

 

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Skeleton arguments...if that is what it is.... can be submitted 24 hours pre hearing...supplementals 3 days pre hearing.

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Less than 24hrs now. They haven't submitted their costs. Something the last hearing the judge checked on since the deadline is 24hrs. Been going over my arguments and analysing theirs. Their counsel is quite derogatory in many places, not very professional.

 

He starts with "Unhelpfully the bundle filed by the Claimant did not include any of the Defendant’s documents."  Perhaps if they weren't late and then submitted several witness statements.

 

They are putting a lot of effort into dismissing Kleinwort Benson and getting the charges statute barred. They argue that I had everything I needed to question the legality back when they occurred.

 

Quote
  1. It is a creative argument but wrong in law. Neither section 32(1)(c) nor Kleinwort Benson extends limitation indefinitely. Section 32(1)(c) states (emphasis added):

    “(1) Subject to subsection (3) below, where in the case of any action for which a period of limitation is prescribed by this Act, either –

         (a) the action is based upon the fraud of the defendant; or
          (b) any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant; or

          (c) the action is for relief from the consequences of a mistake;
    the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.”

  2. Limitation then runs from when the “mistake of law” has either been discovered or could with reasonable diligence have been discovered by the Claimant. The Claimant does not need to have actual knowledge of the mistake of law, in shorthand constructive knowledge is sufficient. The leading authority on this point is now Test Claimants in the FII Group Litigation v Revenue and Customs Commissioners [2020] 3 W.L.R. 1369 and the Court is in particular referred to paragraphs 209 and 210 {156} (highlighted) and in particular the following extract from para. 210 (emphasis added):

 

If you recall I cleared the balance to prevent them using it against me, like BC did in the last hearing, they state:

 

Quote

Strangely, on 15 July 2021 the Claimant paid off the outstanding sum in full. ....

 

Consequently the Court can strike out the claim in the knowledge that the Claimant will not be pursued any further. It was misconceived claim when issued, and was possibly brought for a collateral purpose but the Claimant has now honoured his side of the credit bargain and the ledger is settled.

 

I will argue my circumstances had changed and I didn't want the balance to become the focus of the claim and that the charges are the focus.

 

 

They are also saying compound interest is not applicable per Sempra Metals, saying Prudential Assurance Co Ltd v Revenue and Customs Commissioners [2018]  overrides this.

 

Quote

The bulk of the claim is the claim for compound interest following Sempra Metals Ltd v Inland Revenue Commissioners [2007] UKHL 34. The reasoning in that authority has now been expressly departed from in Prudential Assurance Co Ltd v Revenue and Customs Commissioners [2018] UKSC 39 where compound interest was not awarded."

 

Edited by tnook
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the agreement doesnt

its in the T&C which must be ref'd and have you name/adress atthe top of them, and be the right version for time of sign up.

 

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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