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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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you should get an offer real soon gaz - fingers crossed for you


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

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hi all, just spoke to the court and they have told me they have failed to get the aq in on time, well not at all. they have said it will now be handed over to a judge. they have said that there is a good chance that they will throw there defence out. is this right????

what should be my next move.


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

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The judge will strike out the defense, you win by default.

Then you have to get the money out of them.

And they can still play silly games.

(Mind you, my greatest wish it to have some bailiff fun....:-D)

Read this...

default judgement


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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hi hsbcrusher, how long does this normally take. please can i send the bailiff in. lol:D


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

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Hi Gaz looks like I'm a week a ahead of you.

 

HSBC failed to file their AQ in my claim and I'm currently waiting to here from the judge.

 

Fingers crossed he'll throw out their defence, but judges have been known to let the banks file late:(

 

As to how long it'll take... probably depends entirely on your local courts work load. Pulling a spurious figure out of the air, I figure give it two weeks before you hear from the judge.


MBNA: £545.88 recovered in full

HSBC: £2192.50 LBA sent

HFC: £160 biding my time

Citi: £550 Biding my time

Halifax: £350 Biding my time

 

Total - £3798.38

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not yet, spoke to the court and i am waiting to hear from them, should be any day now, nothing from hsbc or dg yet, was going to ring dg tomorrow and see if they need any more information of me. was also going to pop into court to see how they are getting along as well.

i did read the thread, really good information about this part of the process. i don't think it will be to long now


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

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i went to court today and they have told me i will get a letter tomorrow. i was told i have a date of the 15th june for the hearing. dg nor hsbc have put there aq in.

what is likely to happen now.


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

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just go back to the thread i wrote and see some ideas there - i would think perhaps a little reminder by post to dg - try the nudging letter in post one of the link above - when you have filed.....

you may or may not want to offer a compromise, you may just want to remind them that they have not filed and you have and they will need to add that to your claim - whatever - a gentle letter to dg won't go amiss.

 

here's some info from guidance notes in the library GOT A COURT DATE? A guide to the later stages there's more in the guidance notes.

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ok i think i have dropped my first bollock, i firgot to take a copy on my aq, is there any way of getting another or will the court give me a copy. HELP!!!!!!


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

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It is not that important, if you need it then phone the court I am sure they would send you a copy.


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oh good just gong to snd dg a reminder letter thats all.

jutlooking at the court bundle i am trying to find oft statement summary but te linkis out of date does anyone know the new link or where i can get hold of a copy.


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ok had a letter today from court, it say: district judge law has considered the statements of case and aq filed and allocated the claim to the small claims track. the hearing is on 15 june 2007. it goes on to say that i need to produce all my documents 14 days before the hearing. Hsbc or dg has still yet to file there aq. do they have to file this??? or can it go straight to the hearing.


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

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The judge can decide the directions without the Defendant's AQ. Incidentally your judge has a good name.

 

This link should help with the next stages:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html


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so sould i now get all my paper work together to go to court. is the hearing my big day in court????


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

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The hearing is your 'big day in court', but you have more chance of being in the Waltons (post 59 et al) than that occurring.

 

I do not have a HSBC claim so I am not sure when they settle, therefore I do not want to tell you to prepare the bundle now if it proves to be unnecessary. I will let someone else advise, I am sure Lateralus will.


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as guido says - they haven't been yet - don't see them starting soon - and june is a long! ways away......

lets just organise a plan - like, lets make a big circle on the calendar - paper work needs to be in 14 days earlier than 15th so that's the 1st.

so mark your MAY calendar for about the 26th - a saturday, bank hol weekend - plenty of time to get the court bundle together - just lots of copying - about 200 pages and you need 2 more copies so that's 600 pages, no need to rush with getting it started. i'm betting you'll have your claim refunded and spent by then.

i'd say, first we write them a nudging letter - suggesting you may be open to offers - in a week or so, then depending on response another letter - suggesting a specific number, slightly less than you are claiming. let's see how the next week or so goes - give them time to make an offer. if you feel like you need to be doing something. take a look at the nudging letter in post 1 of that when you have filed your aq thread. don't mention a figure - just a nicely worded letter saying i see you haven't filed your aq, i understand a court date has been set - mindful of the amount of claims, how busy they are.....blah, blah i'm sure the judge would appreciate any attempt to reconcile this matter - i await your response.

lay it on thick - you are waiting to hear from them.

then later when you attempt a negotiable figure - if necessary - this will all go in your favour if (i s hould say IF) it ever got before a judge.

ok, feeling good - they are just all going on longer and longer because of the sheer numbers and after this next monday night's telly exposure, it will probably get worse. keep the communication lines open - give them an e-mail address, mobile number, anything to make yourself available to them.

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sounds good Lateralus, will start setting my letters up ready for them. guidot does this mean then that if they don't turn up i may get the chance to be on the waltons...lol :D .

cant wait for the programme next week, do we know what it will cover or is it a wait and see.


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

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hi all, can someone explain to me what a issuing an “unless order” means and does this apply to me??????


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The court will issue an Unless Order, generally applies where the one (or both) of the parties has not complied with court directions. It will go something along the lines of 'Unless the claimant complies with point 2 of the courts directions dated 1 January 2007 in the next 7 days the claimant's claim will be struck out without further notice.'

 

Unlikely you would have such an order, unless you have failed to comply with the courts directions.


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see that thread i wrote for you guys, up at the top of these posts - when you've filed you aq.......

it's in there - post 1

 

you would try to apply it to them not them to you.

 

the nudging letter seems to help in some cases - leave out the part about asking for less money - just work around it - saying they haven't filed.

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no problem, letter sent today to dg and hsbc, lets see if we can help them along a bit. theres nothing like waiting for that letter to land on your door step,lol


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

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that's my boy - keep to the plan - shouldn't be long now!

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