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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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donnalou

donnalou vs lloyds tsb

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ive been on the phone to scm this morning asking for their bundle as i should have recieved it 28th may they say i dont get a copy of their bundle and they have not recieved letter that states they need to have it with the court by the 28th and me also

ive told them im ringing court and going down the route of non compliance

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Subscribing

 

Els


BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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got a letter from sc&m saying that £3331.12 is going to be deposited into my account within next 5 workinng days inclusive of intrest and fees

 

so basically I WON !!!!!!!

I MADE £180 MORE THAN WHAT ID ASKED FOR WITH THE INTREST SO IM HAPPY AND A DONATION WILL BE SENT

 

 

good luck to all still fighting and thanks to all that have helped me xxx

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CONGRATULATIONS!!

 

Well done, donnalou!:)

 

Els


BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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Lol, Donna I am also tempted to reply in triplicate.

I would not deface original documents by highlighting them. Legal people do not like things like that, bad enough that photocopies are presented. Ideally if this comes to trial suggest you also take the originals.

Kevin got beat on both points which Lloyds raised in defence:

(1) Fatally he agreed he did NOT breach his contract. At a stroke Dunlop v Garage precedent was unuseable, i.e. that it is unlawful for the charge to make a profit. Your T&C
and all other efficacious Lloyds T&Cs found by CAG need to go into the bundle to support the argument that the charge arose from a breach of contract not as a service fee.
You cannot submit a telling argument unless supported by clear evidence.

(2) Proceeding on the basis as they did that the charge was a service fee, well it is lawful for a service fee to make a profit. Your roof contractor makes a profit, your dentist makes a profit, your solicitor makes a profit (and how).

Kevin struggled to prove the charge was unfair for being too high, and fatally admitted the Lloyds charge level was standard nationwide. Judge Cooke took the view that a prevailing market price was NOT unfair.

Kevin was unable to display Lloyds inhouse costings to reveal the revolting level of profit builtin. CAG found Cynthesys costings from the Northern Bank group at £2, but this was obtained by a covert inside plant, without confirmation from the owners of the document. Not sure if this was a photocopy or a spy camera film. Either way not sure if such uncertain evidence would be admissible in court. For my money the best argument available at the mo would be
to print off and add into your bundle the Dublin banks T&C which I have provided earlier, to show by contrast the £3 charge accross the water,
and dare Lloyds to expose their inhouse costings, why they charge tenfold the price next door.

The defendant may now point out this £3 charge is available in Dublin but not in the UK, so is irrelevant for assessing market reasonableness.

I would suggest in rebuttal that there is evidence of cartel pricing, of collusion between all UK banks to keep prices artificially high. Allied Irish Banks which charges £3 in Ireland, charges £20 in England for the same thing. I suggest it is 99% probable that both charges would be generated by the same AIB IT system in Dublin. However proving cartel collusion would be a major legal effort probably involving truckloads of paper evidence, but just bringing the point up would make the point that the £30 level has only been artificially kept high as market price within a small island, until such time as cross-border banking inevitably drives down this price to match Dublin.

I understand Kevin enclosed photocopies of all the Acts and Regulations quoted, and was commended by the judge for doing so.

Mistermind are you staying above not to use dunlop v garage case in the bundle?


muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Excellent news - well done!

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thanks :)

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congratulations on your win :D


 

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Nice work, there is a letter in the link below to inform the Court of settlement, once you have received payment:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-487345.html

 

Thank you for your pledge of a donation.


If I have been helpful please click on my star and add a comment.

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