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    • Hi LFI, With regard to the ANPR cameras in your post #65, while I was on the phone to the Planning Department, they did take a look at Google Streetview and went back to 2012 where they could see the ANPR cameras in place so therefore they would have deemed consent. I had previously read the T&C Planning Regulations and had read the section on deemed consent so I understood the point they made on the phone. It doesn't matter though, that doesn't harm my case any, and I shouldn't really mention this now, (this is what you reminded me of on another thread) but in the past I was a member of a scheme that gave me access to legal advice, I have spoken to a barrister previously through this scheme on another matter and I think I am still a member. I am going to check if I am still a member of the scheme, and if I am I will discuss my case with a barrister or solicitor, whichever the scheme deems appropriate. I will let you know the outcome. I am also going to take Bankfodders advice in the sticky and go to the local court and ask if I can sit in on a case in the Judges office.
    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx Yes sorry. they called it a deed at first in court.  Then Judge said she was happy to have it sealed as something else  exact names of orders in message above.     The disease was tested for when his cardiac testing was done immediately after purchase and part of the now sealed case.   However, results were disclosed incorrectly and I only found out  two days ago.   This disease did not form part of my knowledge during the case as I had been informed of a normal result that was not the case.   it is perfect clarity of a genetic disease where as the previous cardiac issue could be congenital until the pup is genetically tested. 
    • Hi, Halifax recently sold a credit card account of mine to Cabot. I am unemployed and have no assets and was thinking of making token £1 payments for 12-18 months in order to drag things out a bit and reduce the chance of Cabot being able to get the correct CCA documents from Halifax if I requested them in future. However, I saw on the pages on this forum about defending county court claims that one of the standard approaches when defending such claims is to say “I had an account with bank X, but I don’t remember the details and so don’t know if I owe this debt…”. If I made £1 payments to Cabot, would it prevent me from using such a defence in future? OC: Halifax DC: Cabot/Wescot Card account opened: 2016 Defaulted: 2023
    • Paperwork says sealed consent order and composite settlement agreement      YES  ADDISONS DISEASE 
    • Hi, This may be the wrong place for a thread BUT If you receive a defence, can you send a CPR 31.14 request for document mentioned in the defence, and then apply to proceed with the case only after (14) days passed or they respond OR is it only if you receive a claim I see @dx100uk thread is for when you receive a claim, but can you also do the same when you receive a defence?
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Warhorse v Kensington Mortgage Company


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Hi WarHorse,

 

Yes, we received the same letter. We've written back and thanked them for the suggestion of writing to the Financial Ombudsman, however, gave them one final chance before doing this by bullet pointing their bullet pointing and said they did hardly any of what was said. Also quoted that each referred back DDM would have cost £3 at the most and therefore the monthly arrears should be proportionate.

 

Also warned them that we too would be putting in a claim for legal costs against them!

 

They wrote back telling us when the phone calls were made and, funnily enough, managed to produce letters we had never received!!! All signed by the same person as well.

 

Anyway, next step FSO! If that isn't satisfactory, have told Kensington that we will still issue court proceedings

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What's a legal fee's clause?

 

It's a cover-all clause - like signing a quarantee. It means that should they suffer any legal fees, for whatever reason, they can claim them off you.

 

Thus, if you win your case they can still get their fees back by adding them to your mortgage account, or suing you for them if it has already been redeemed.

 

It's an evil clause, and in my view very unfair :-x

On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.

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  • 1 month later...

Hi Minimadtrix - you posted to my thread on 31/05. Have you got ne further with your claim? I have put matters on hold as am due @ Reading CC on 6 Aug with my Barclaycard claim - must concentrate on it now, but would be obliged if u cld update me - did you contact the FSO?

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It's a cover-all clause - like signing a quarantee. It means that should they suffer any legal fees, for whatever reason, they can claim them off you.

 

Thus, if you win your case they can still get their fees back by adding them to your mortgage account, or suing you for them if it has already been redeemed.

 

It's an evil clause, and in my view very unfair :-x

Thx 4 that! I dont have the original mortgage offer now, was just lucky enough to find a handful of old statements! So dont know if there ever was a 'legal fee's clause' but would think it more likely than not that they would have put 1 in!

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Hi Minimadtrix - you posted to my thread on 31/05. Have you got ne further with your claim? I have put matters on hold as am due @ Reading CC on 6 Aug with my Barclaycard claim - must concentrate on it now, but would be obliged if u cld update me - did you contact the FSO?

 

 

Er, in a word no! I've also put it on hold, as you have 6 months to file with FSO - I've been claiming back costs from Barclays for the OH at the mo. Will get on the case again soon.

 

Incidentally, quoted the Social Security Act 1982 to Barclays, as OH was having money deducted from SS payments. They've denied any wrongdoing, but as 'a goodwill gesture' offered just over £1000!!!! The claim was only for a further £300. I think that's what you call a victory!

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Fantastic result! I am going to press ahead with my complaint to the Ombudsman as 6 months can run out very quickly & I dont want 2b caught out. Would be grateful if ne1 could suggest a template letter as i have looked in template library & cant see 1 there.

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