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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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gazhodge1981

gaz v hsbc **WON**

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guido, first - gary h has now changed post 3 to your corrections - good pick up!

second - on the 149: i think the whole of post 3 (four paragraphs) goes in section g and the draft direction is attached on a separate piece of paper.

ANYBODY?????? want to say different?

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I see GaryH has amended it today, it all happens fast here. Out of curiosity how do you know they are my amendments?


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saw the exchange last night on will cosworth(?) thread -

i e-mailed gary h with the one you put there as i too am a bit of a stickler under normal circumstances - but on here i just glide on threw! (that's a ha -ha, by the way). i rather like no caps, no punc and odd misspells but it irks me in official stuff - i'd never picked up the errors as you are usually just looking for info and scanning - not really reading - as i said - good pick up.

now, have you done an aq before - what did you make of my post just above?

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I am similar, not too important whilst posting as long as the message is conveyed clearly, but really must be correct on letters and court forms.

 

Done a few AQs, if you mean your post 48, looks fine to me.


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Hi GuidoT,

I have tried to go on the link and it tells me i need a password to access it.

am i write to think that if like the draft order for direction, where i put my case number, claimant and defendant on the top and the rest under it.

 

I missed this, then try here (scroll down about a third of the way):

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

It worked okay for me. PM your email address and I will email to you if you are still having difficulties.


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nice but dim but nice - that's me - you meant from what starts with "the claimant proposes."........and the finishes.....with......."one hour"

didn't you? you see - it takes me awhile - i misread that entirely - think i might go to bed now - when that starts happening - it's time to stop for the night.

 

night, night gaz, guido, et.al

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nite, all


IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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Oh dear it is turning into the Waltons, good night Lateralus, G1981, MB, Gary H et al...


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lol, very funny,

the question is can you name all the waltons????????


IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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Jason, Ben, Elizabeth, Erin, Mary Ellen, James Robert (Jim Bob), John (John Boy) Walton, Fanny Tatum .... I think I will stop there - this thread is degenerating.


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I hate to say this as you may now give me bad advice is i need it. how do you know who was in the waltons??????

Are you a big fan of the program.:D


IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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Wonder if uncle Colin has time to watch the waltons..... prolly did first time around

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GH 1981 - My advice will be the same irrespective of what you post here.

 

By the way, I am an enormous fan of the Walton's, I live my life by the ideals that embody the Walton family values.:p


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lol:rolleyes:


IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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gh, got that aq ready to go, checking on all my little chicks tonight

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fingers crossed gh


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

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i am ready to go, checked and double cheched the aq. it's not got to be in by the 5th march so i am going to wait till then to put it in.

I have rang dg and had to leave a message as there not in the office till wednesday???? are they a big firm?????? told them to give me a call back as i wanted to see if they needed anything of me and to see how things were going.:)

They may think i am being a bit cheeky asking but who cares. with six days to go lets keep fingers crossed (thanks nettyg).


IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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gaz, be as cheeky as you can, keep ringing/emailing until you get a response from somebody!!


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

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hi all. tomorrow is a big day (well for me anyway):) got my aq ready to go.

i have spoke to dg on friday and they said everything was fine and that they were now waiting on hsbc to get back to them. is this normal???? or is it brown pants time for them....lol :D i hope so.


IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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just one more question, i have got my aq and three attached sheets. does this sound right. i have aq, draft order for directions and section g for the n149 aq.


IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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yes, that sounds about right - don't forget your cheque -

you can hand deliver to the court if you like - then they can check it's all there.

i think it being with the bank means an offer is forthcoming quite soon - good luck.

if you need it - seen my new thread - about after filing the aq.....

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thanks lateralus, i am going in the morning to hand it all in as the court is five mins away. wont forget the cheque. thanks for all the advice you have given me, couldnt have got this far without your advice. thanks again


IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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let us know how you get on gaz


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

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hi all, well all went well in court, just waiting to here from them now, what is the next step in the process, what should i expect to happen next.


IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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Well hopefully a letter from DG saying your wrong but because we are so busy dealing with everyone else who is wrong heres a cheque for everything you asked for.... and a free holiday in barbados..... (the free holiday in barbados was fantasy) but apart from that just hang in there... netty has enough blue bricks for half a house from her AQ maybe you could sell them as a job lot house kit.....

 

pete

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