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    • the property is not yours you are not on the deeds you are/were not ever on the mortgage..   stop trying to do their job in scamming you.        
    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired.   For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   So no mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage   and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.    All it states is that the operator can pursue outstanding PCNs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say.   Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ] to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal.   Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative.   Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.   I have not looked much at your WS though it is looking good.   I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007.   that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations.   It calls into question their right to apply for motorists data from the DVLA.   I would wait for their WS to arrive so that you can pick holes in that too. however watch that if they are late that you send yours off just within the Court guidelines.   What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
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babyfactoryxxx

HSBC (Holy Son of a Bank Charge)

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if your claim is over £1500 it will cost you another £100 to file the aq. you will get this back though when you win. don't worry.


If i've been helpful in any way....then tip my scales over there!

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here's the info of filling out the aq:

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

 

on, the other front - of this two pronged thing - have you sent dg a breakdown of your charges - it is advisable to do that, as they always ask for one before they offer anything - so it saves a couple of days.

and unless your claim is for under 1500 and wouldn't incur the filing fee of 100, i suggest leaving it until the aq is nearly due before filing it - as dg have been coming in with offers just before the due date in several cases.

 

 

 

so, that's the aq info: and be sure if you file it - to add the 100 to your claim.

now, looking back over your posts, i can't see where you sent dg a copy of your breakdown at any point - don't assume because you sent it to the bank and to the court - that dg have it - they probably do - but they never offer an offer without first asking for the breakdown. i'm thinking - did you ever send them one? i'm going to suggest you hold off on the aq filing until 20 april - that's two weeks to light a fire under dg - if you don't file - by the way - they will kick out your claim - so don't miss that deadline.

let's do this - let's send a letter to dg:

 

tweak it depending on whether you have or have not given them - dg specifically - a copy of your breakdown.

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: XXXXX - v - HSBC

account no,

claim no and filing date.

 

I understand from the courts that you have now filed a defence in this case. Please find enclosed a copy of my schedule of charges relating to this claim.

 

I would remind you that should I be required to file an Allocation Questionaire, I will then require the addition of that fee to my claim.

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx. (This sum represents £17XX charges and 8% interest, £120 court filing fee plus daily interest from the date of filing XX/XX/XX at xxp/day = £xx.xx as of today's date) I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention. I look forward to hearing from you.

 

Sincerely

 

 

 

As for the total to put in there - did you ask for daily rate of interest?

if so, i'd put yourtotal then (charges and 8% interest, court filing fee + .xx

per day from the court filing date xx/xx/xx - which to date would add: £xx.xx Total claimed XXXX.00) make that total equal the total in the sentence before it - see i'm trying to itemise and give them a total.

Yours has really dragged on - so emphasize that filing date to them.

I don't know why it has dragged out - but now they've filed their defence - let's see if you can't get an offer out of them before the aq is due.

what do your think?

 

i'd also ring them about 3 days after you post it asking if they received your letter and breakdown....(send it recorded delivery then you know they have but ring anyway)

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You really don't need to worry baby. The chances of your even getting a day in court in front of a judge are very slim and even if that happened then I am sure you would win. Keep plugging away and it will all come good soon. :)


Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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and so say all of us


If i've been helpful in any way....then tip my scales over there!

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Thanks guys, I love this site, everyone is willing to help others out both with advice and support!! Now lets see, AQ due in on Monday 23rd April-filed yesterday (20th April) along with new strategy for AQ stuff (don't understand the legal stuff in it but what the hell!!) saved a copy for me-sent a copy to DG, both the court and DG got a copy of my schedule of charges (AGAIN!), just waiting again now.. the only thing I'm worried about is if it gets to court and then I might have to start looking round for a solicitor to help out (HSBC would be paying for that as well don't worry!).

To be honest, I don't know why this has dragged out so long either, going on Hol in a couple of weeks (with some of the money from RBS-ha ha ha!) but hope it gets sorted shortly after I come back at least!

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solicitor - please don't swear baby :lol:

 

The chances of you ending up in court a very slim and we would all come with you did :D ~ We could do with a CAG field trip :-)


Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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ha ha ha! I know, might get my post edited for that one!! how funny would that be with all you lot in court as well! It'll be Sheffield combined courts then and i'll let you know of the date.... then we can all go for a big party after with my money-how's that for a donation??? ; )

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somebody mention a party?????? sheffield???? i love sheffield!!!:D


If i've been helpful in any way....then tip my scales over there!

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I don't care where just name the place and time I will be there I might even borrow one of Netty's hats! I would look great in court wearing a balaclava :lol:


Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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it's not great but it's home! there's a pub called Banker's Draft just up from the courts which i think would be quite fitting....

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should be renamed to 'the bank's been shafted' lol


If i've been helpful in any way....then tip my scales over there!

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only up the road from hull, i'll be there - in my pinky outfit!

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