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    • Hi   I have a conference call with the solicitor on Friday and will raise the issue of quantum then   UU were advised in December of last year that our plans were to employ a specialist to look at the land and produce a report and we invited their comments. Our last correspondence via our 'employed' solicitors was back in January and UU issued a final letter saying that they were happy that there was no contamination based on the fibre reports that had been issued and they did not take responsibility for any delays that were being caused.  Our solicitor at that time followed that letter up quetsionning how there could be no contamination based on the fact that asbestos cement had been found lying on the land but UU did not respond to her even after she chased it.  They went on 'radio silence' and there has been no direct discussion since with UU.  At that time she advised that we proceed through our legal expenses cover as they were not responding to her letters and she anticipated escalating costs based on their refusal to reply.   We have not had a survey carried out as our Solicitors are relying on Environmental Health to produce this as mentioned earlier.   I have involved our MP in the matter and he got the HSE involved again but their position was that the matter had been dealt with by the contractors regarding the breaches and they described it as a one off incident so closed their file.   There were a number of disciplinary actions taken within the teams and new procedures were implemented.   He also contacted UU with our concerns and they replied with an almost carbon copy of the final letter sent to ourselves back in January.  They claim that they are acting within the Waste Framework Directive in that a decommissioned pipe may remain in 'situ', however, as the pipe was substantially damaged this does not apply but this is what they are sticking to.  Our MP has offered his assistance moving forward should we need it but we haven't asked for his involvement any further at the present time.   We are in Cumbria and although my husband and I have discussed it we have not contacted the press although we do openly talk about it to anyone who wants to listen.   At the present time we are not looking to speak to the press but if we decide to do so I have numerous videos and photographs of all the works and also a recorded conversation with the SHEQ manager of the contractors who openly admits that there were breaches.   Thanks  
    • I couldn't send it through paypal as they say -    Donations to this recipient aren't supported in this country
    • Exactly, I hope that I can witness its closing down in the future years.  I just sent through a donation. It is not much, but I hope you won't mind 😛
    • I received the Notice Of Discontinuance this morning from E Shoreman-Lawson for Elms Legal, on behalf of VCS. Thanks again for all assistance and encouragement. There is no doubt that this site is providing a service to the underdog and I will certainly be making a donation. I will also upload anything from my exhibits that may be useful for others, in particular the DVLA audit of compliance in which VCS do not fare well. Although yesterday was a bit of an anti climax, today I am taking comfort from the fact that at least this case has cost VCS money.
    • In any case let's be optimistic for a minute and say "prove I'm the driver" is a good defence point.  The problem is that if the judge doesn't agree you immediately lose the case.  "Prove I'm the driver" needs to be one of several points.   1.  Locus standi.  NCP are not the landowner.  You do not believe they have the right to bring this claim.  You requested to see a contract with the landowner giving them such a right by way of a CPR request and their solicitors refused to do so.  Exhibit BW Legal's letter.   2.  Suing the wrong person.  Your "prove I'm the driver" point.  (Obviously this will have to go if you admitted being the driver to NCP).   3.  Insufficient signage.  Tiny print.  What LFI wrote in post 29.   4.  Planning permission.  You do not believe their signs have planning permission which is a criminal offence.  You requested to see such permission from their solicitors but the solicitors refused to do so.  (Have a look at the WS in post 123 of EL21's thread  https://www.consumeractiongroup.co.uk/topic/430570-vcs-2vanishing-windscreen-pcns-now-claimform-brook-retail-car-park-ruislip/page/5/?tab=comments#comment-5130039  You can adapt point 41 of this WS).   5.  De minimis.  The incident happened four years so you are unsure what happened.  It's possible you paid but you input your registration number wrongly.  You put NCP to strict proof you didn't pay.  Paying but getting a single digit of the registration number wrong is de minimis.   6.  Unreasonable conditions.  In any case NCP deliberately make it difficult to pay so they can issue PCNs.  No cash.  Card payment which often doesn't work and they do nothing to fix.   7.  Unicorn Food Tax.  (You can use nigh-on verbatim points 45-53 of EL21's WS).   As dx says, you're a Litigant in Person so you don't have to write in legalese.  When you have time, post up a first draft and we'll take it from there.    And please answer about how NCP suddenly started to write to you personally.
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MisterTBone v Lloyds TSB ***SETTLED IN FULL***


MisterTBone
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I started my case against Lloyds TSB on March 9 2007.

They have acknowledged the case on March 20 2007.

Apparently, if they do not file a defence by April 11 2007, I can then get a judgment from April 12, 2007 onwards.

 

Claim: 7QZ31153

£5,423.11

 

 

Wish me luck!

 

Mr. TB One

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Hello and welcome to the site.

You are of course correct but I think you will find their defence in place by the due date.

Of course I may be wrong....in which case you have a chance of getting your refund sooner rather than later.........

Which also means that you could well be enjoying a good

Tbone yourself !!;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Well, I called the courts and confirmed that today, April 12th is the day when I can file judgement.

 

Maybe it was the Easter holiday, but the Lawyers for Lloyds didn't respond.

 

I've rendered judgement online, and requested that the monies be paid by April 20th 2007.

 

We'll see what happens?

 

To the moderator: How do I move this thread to the Lloyds forum?

 

MR. TB One

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I'm guessing that:

 

a) They are becoming indundated with these types of cases and we outnumber them.

 

b) People have just come back from holidays, and my case snuck through.

 

In either case, I'm curious to know what happens next!

 

Mr. TB One

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I requested a jugdement be made because no defence was submitted, it was accepted by the courts and sent to Barclays.

I asked for payment immediately so how long should I wait and what do I need to do next??

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Hi TBone

 

I think you just need to sit tight for a few days - by all accounts it is highly likely that SC&M may file an application to set your judgment aside on the basis they "did not receive the claim form". It is unlikely they did not, but the court will err on the side of caution and give them the benefit of doubt.

 

If they do not make that application they may simply pay up or you can consider other means of recovery, including the bailiffs.

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By all accounts SC&M will use (and apparently abuse) the system to their advantage. Having filed for judgment in default i think you now just have to wait a while to see the response to that. If you try and speed up payment and instruct the bailiff's and then a stay of execution or application to set aside is made, it is likely you will lose the fee paid to the court for that warrant.

 

John

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I've given them until Friday to pay...

 

I don't know what I should do at this point.

 

Do I write demanding payment if nothing happens?

 

Any advice would bemost appreciated.

 

Mr. TB One

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I think you should wait until Friday. If, by then, they have still not paid you then I would write to them saying you have obtained judgment by default (hopefully you have received a copy of the Judgment Order) and giving them a further seven days to settle, failing which you will seek other means of enforcing the order.

 

Those other means could involve instructing the court bailiff, seeking a third party debt order against the Bank's own bank account or maybe even issuing a statutory demand as a pre-cursor to winding-up proceedings?

 

J

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I have submitted a warrant for £5,000... The remaining 423.11 will have to wait, as you can only claim up to £5,000 on any single warrant.

Any suggestions on what I should be doing next?

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HELP!

 

The judgement was REJECTED due to part of the claim of monies owed was via my company.

 

What can I do now?

 

They are unable to register a firm/limited company.

 

Do I deduct the amount owed via the company account and just leave the person amount and resubmit?

 

Frustrated Mr. TB One

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Relief!

 

I contacted the courts, I misinterpreted the rejection reason.

 

On the Warrant request, it wasn't the fact that I had a limited company...

 

All it was...

 

was the ADDRESS!!!

 

The address I had on the court documents was:

Lloyds TSB

...with the address being:

LLoyds TSB Plc

1 Legg Street

Chelmsford

CM1 1JS

 

Man, are these guys picky!

 

If I change the NAME, it's a £35 charge....

However, if I change the address there's no charge.

 

I asked the helpdesk if there would be a problem with just "Lloyds TSB", and they replied, "seeing as they haven't disputed it, no.", so I've sent if off requesting the "LLoyds TSB Plc" be removed from the Address field in the court documentation.

 

 

I await for a result.

 

Mr. TB One...

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Spoke with the Bailiff this morning...

 

He sent a letter to Lloyds 10 days ago and has heard nothing.

 

So, he's going down there TODAY.

 

He took my number, and said he'd call to let me know the result.

 

I WISH I COULD BE THERE TO SEE THE FESTIVITIES!

 

Mr. TB One

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Well done Mister TBone! Is this a first? LTSB seem to be getting a bit slack; probably due to all the pressure we are now putting them under.

Hope you get your money today.

broke dave

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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Llods acknowledged my claim but neve submitted a defence either, I requested judgement on 27th April, just wondering if I should file for a warrant, contact SC&M or wait a bit longer?

 

Thanks

 

J

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just checking in, cant wait to see what happens, hope you get your money today!!!

29-1-07 Prelim Sent

2-2-07 'No Way' Letter Received

12-2-07 Sent LBA

No Response

13-3-07 MCOL Filed

15-3-07 Notice Of Issue Received

18-3-07 Claim served to Lloyds

21-3-07 Recieved £750 offer

26-3-07 Claim acknowleged

4-4-07 Defence entered

25-4-07 Received notice of transfer

2-5-07 Received Notice of allocation hearing 15/6

31-5-07 I won!! Money in my account today :D

1-6-07 Prelim Sent - no reply

18-6-07 LBA sent - stupid reply

27-7-07 Filing N1

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I got this letter today from Lloyds:

 

I think it's a case of the left hand not knowing what the right hand is doing...

 

 

Dear Mr TB One

 

Your account number **** 8291

 

Thank you for getting in touch with us. I am sorry you are unhappy about your account charges.

 

Like any business, we do make a charge for some of our extra services. When customers don't have enough in their accounts to cover a payment, this always means extra work - and it has to happen very quickly. We have to agree to make the payment by setting up or increasing an overdraft, or tell customers we can't agree it. We feel it's fair to charge for this service.

 

We make sure our charges are available for our customers by making sure they are published in our charges brochure.

 

If you know a payment is going to take you over your agreed limit, you're welcome to see if there's anything we can do.

 

The Office of Fair Trading has published new guidelines on credit card default charges. We're still talking it through with them, but the important point is that the guidelines are about 'default' charges that people pay when they break an agreement with us. This doesn't apply to your charges as these were for dealing with your request to go over your agreed overdraft limit. They are not default charges because you haven't broken your agreement. They are our prices for the service we provide in these situations.

 

I've noticed that you've referred to the Unfair Contracts Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations but these don't apply to you as you're a business customer and these acts and regulations only apply to consumers.

 

I do hope you can see that we make our charging system as fair as possible - and why I can't agree to refund or cancel your charges.

 

I hope this fully answers the points you raised with us. Please let me know if there is anything else I can do to help. If we cannot come to an agreement, I will provide you with details of the Financial Ombudsman Service so they can consider your complaint independently.

 

If you are happy with the way I have dealt with your complaint, there is no need for you to reply to my letter. If I have not heard from you by 26 June 2007 I will close my file, though of course I will re-open it should you come back at any point afterwards.

 

Customer Service Recovery Centre Andover

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words cannot describe how stupid they really are......

29-1-07 Prelim Sent

2-2-07 'No Way' Letter Received

12-2-07 Sent LBA

No Response

13-3-07 MCOL Filed

15-3-07 Notice Of Issue Received

18-3-07 Claim served to Lloyds

21-3-07 Recieved £750 offer

26-3-07 Claim acknowleged

4-4-07 Defence entered

25-4-07 Received notice of transfer

2-5-07 Received Notice of allocation hearing 15/6

31-5-07 I won!! Money in my account today :D

1-6-07 Prelim Sent - no reply

18-6-07 LBA sent - stupid reply

27-7-07 Filing N1

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