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    • ignore stop panicking about a whole nothing burger. 100's of threads here. dx  
    • this is not America, don't keep believing what you see on TV or about the USA means that happens here, it DOES NOT. you won't and they can't use character assassination to try and discredit you nor can they access ANYTHING that is not already in the PUBLIC domain about you. none of which you are fretting about are PUBLIC RECORDS. as for 'being arrested = a criminal record' = untrue. where did you ever get that idea from?? it is not publicly available and is only held on police PNC. and no your details cannot be published in a news paper = same rules apply to you as the accused, in fact even more so. you really do appears to be reading some very weird websites..  
    • Thanks dx and jk.   I'll just ignore them. I did check the advice given in other threads but wanted to be sure that was still relevant to my situation.  Thanks again. Appreciate the support 
    • I've been on this site for eight years and I haven't seen one PPC case where a DCA turned up at the motorist's door. Even if they did they couldn't do anything, but in any case it's never happened. If you read this short thread you will see all the stages of the legal procedure all the way to winning in court, which is highly unlikely to be necessary in your case  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments
    • They upped the quote by £120 in the end, forcing me to go elsewhee
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Brad v Monument


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really archer? that's interesting, my account has been clear for nearly 3 years and I still have the original agreement from when I got the card with Providian in 2000 (my ex was a bit more organised than me!).

 

am i right in thinking that if they can't supply you with the original agreement that the debt is null and void? Obviously that's irrelevant to me regarding monument, and probably not quite as "cut and dried" as all that, but interesting nonetheless

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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its supposed to be if they cant provide a signed agreement within 12 days then the account goes into default for 30 days.at this time they cant ask for payment on it.after 30 days its a criminal offence on their part.but the general idea ive got on here reading round is if theres no agreement then theres no debt.only a court can enforce it if they take it to court and then they might have a hard time proving the debt with no agreement.ive done this with quite a few debts.catalogues and cards

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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right...rejection letter went out today...LBA next week

 

we're cooking on gas now

 

kinda

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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  • 1 month later...

filed MCOL today...waiting game now

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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well done brad,lets see what theyre going to do?!

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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am i right in thinking that if they can't supply you with the original agreement that the debt is null and void? Obviously that's irrelevant to me regarding monument, and probably not quite as "cut and dried" as all that, but interesting nonetheless

 

its supposed to be if they cant provide a signed agreement within 12 days then the account goes into default for 30 days.at this time they cant ask for payment on it.after 30 days its a criminal offence on their part.but the general idea ive got on here reading round is if theres no agreement then theres no debt.only a court can enforce it if they take it to court and then they might have a hard time proving the debt with no agreement.ive done this with quite a few debts.catalogues and cards

 

It's very in-depth, as the mammoth thread 'Consumer Credit Act Agreements' will show (about 380pages worth!)

The CCA in short, allows 12 working days from receipt.

If it is not received by then, they are default of your request under the CCA.

If after 1 calendar month they have still not provided it - they have committed an offence under the CCA.

It's not quite as straight forward as - no CCA - no debt.

If after repeated requests, and/or receiving an incomplete or irrelevant agreement (one that has insufficient precribed terms etc), you can place he account in dispute, complain to the Trading Standards, threaten the creditor with 'If you have no agreement for this alleged debt, I will refuse to make payment etc' - but as I say, there is a lot more to it!

It's a useful request to show when you opened an account, if you requested PPI on it, what the terms of the agreement were - as well as the above.

A long read, but the more recent pages are up to date and very informative.

Shouldn't stop you in requesting it tho!.

By the way - all the best Brad!!

Pers

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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  • 2 weeks later...

received notification from court that monument intends to defend all the claim...ho hum

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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ah well its waiting time then ! you might get your AQ then soon.....the end is nigh!

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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  • 4 weeks later...

no defence from Monument and their 28 days was up on the 19th, so I'm going to request judgement

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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hmmm just went to request judgement, but it says it's been defended and there's no further action I can take online. I haven't received a copy of the defence, but suppose that'll come shortly.

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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GE done that to me filed the day after the deadline! just sit and wait for the AQ now

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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  • 3 weeks later...

Received notice that it's been transferred to local court and they have dispensed with the AQ. Suppose it's just waiting now.....

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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good luck Brad, looks like you're a few steps ahead of me! Monument have until the close of business tomorrow to file an acknowledgement of service else they are in default.

 

are you claimin contractual interest on top of your charges?

 

 

shane

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All advice is offered freely & without prejudice

 

 

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cheers Shane, didn't claim contractual as it was a few years since i've used the card, so decided that if i got back the charges and simple 8% interest it'd be good enough.

 

they didn't bother with their defence until after the deadline, but seemingly that didn't matter with the court *sigh*

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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they filed their defence after the deadline! that's ridiculous and the court should never have allowed it. Ah well, your closer than I to getting your money back!!

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All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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