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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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If you mean you have sent off the SAR for your account statements, then they have 40 days in which to provide you with them. If you have still not been sent them when the 40 days expire, see the non-compliance letters in the templates library.

 

Use the time in which you're waiting to have a really good read around the site, particularly the FAQ's, step by step instructions and the Alliance and Leicester forum.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 4 weeks later...

right i received my statements worked it out and sent the leter to them asking for it back..Got one back with in the week saying basically no chance.Just about to send off the next letter telling them,i want it or court..wish me luck xxx

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right i received my statements worked it out and sent the leter to them asking for it back..Got one back with in the week saying basically no chance.Just about to send off the next letter telling them,i want it or court..wish me luck xxx
Goes without saying vodster, but if you insist, "Good Luck, dude!" :cool:
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  • 2 weeks later...

right peeps its been 2 whole weeks and not had a reply in asking for my money after the second letter,i now have to prepare my court stuff now yes?

and ive been told i may get help with fees being on working tax credit?

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sorry - have you done the SAR - then preliminary request - then LBA - 3 letters in total - then have you allowed the 14 days from LBA? Not clear from your thread. Then you have to read on the instructions about the differences between filing I think N1 and MCOL - there should be something about whether you have to pay fees and how much in that section.

 

Sorry if I am duplicating it is just your thread was not clear. Would not want you to fall at last hurdle.

 

Jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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yep:) done all my letter etc etc

 

just been down to the courts who wouldnt accept it as they were a5 size not a4 size...back to the drawing board :confused:

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ello

 

well i went down with my exemption form too and they accepted everything ,said i should hear by week friday and then again when alliance put in the defence :) thanks for your help up to now :)

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  • 3 weeks later...

right

 

put claim in on the 23rd may,not heard a peep from the courts,have rang up today and they said it should have an issue number by friday :(,todl them this was the second time ive rang and they have said that,they replied oh dear it must have been overlooked at some point :(

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  • 2 weeks later...

bump

 

 

what is it exactly you need help with ?

 

If the boxes are full you may have to contact them through a thread.

 

Jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 2 weeks later...
hiya

 

right

 

today the issue date is up for their defence ,have rang the bank and they have received nothing.I have received a letter today offering me £238.( claim is £1600).

 

i now enter judgement is this correct.

 

 

do you mean you called the court and they have received nothing?

 

Sometimes they do allow a little extra time for the defendant to file.

 

Did the court advise you what to do next? They are normally quite helpful

Case guidance notes - bringing your case to court GOT A COURT DATE? A guide to the later stages

 

jan:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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crisis on house renovation -have 1/2 a kitchen no ceiling and an electrician thats gone AWOL, and others that wont quote or are trying to rip us off. Plus our garden was a complete jungle so had to attack that.And I am expecting guests next week - so needed a couple of days to re-charge my batteries. But "worse things happen at sea" as they say so back now:D :D :D

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Well J,

Nice to see you back. Re your house, been there, but never had to rely on contractors etc, as I did the lot myself. Took me a long time to get over burning the candle at both ends though. That's also the worse part about working for yourself, relying on other people, I've had to put out a few lights on that one also, that was the main reason for calling it a day early, had I of carried on, I would have either been in the 'chokey' or on 'boot hill'

Squarebob:)

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ok i got a letter this morning from wragge & co stating they are defending :(

 

was 2 days late so my judgement went in yesterday

what happens now or what do i do

 

panicking now :(

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I would THINK from what I have read that the courts always allow the defendants extra time so their defence will stand - not sure about the judgement - i am sure the courts will contact you if they need you to do anything,

 

Have a read of mimijanes thread same thing has happened to her

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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hi ahgain

getting my ourt bundle together

can any one help with the appropriate stuff for below

 

OFFICE OF FAIR TRADING REPORT

HOUSE OF COMMONS EARLY MOTION

TRANSPARENCY IN CHARGING

 

thank you

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