Jump to content


  • Tweets

  • Posts

    • So @theoldrouge where was farage during the D-day honors/remembrance ? He was quick to trash Sunak - but at least sunak showed his face heh?   Sunak perhaps needs to slip some dosh to led by donkeys to fund some banners in Clacton heh? Suggestions: D-day - Sunak maybe ran, but Farage never even showed Farage I'm the only one who can change my mind - dont you plebs think you can Clacton, who wants to spend time in Clacton? 48/52 is unfinished business - ooops eerrrr no it is  ...  err well unless is what I lose by Reject me 1 times shame on you, Reject me 7 times shame on me    
    • Yep let us have a good laugh eh from today’s Telegraph 🤣😂🤣 the rest must try harder    Farage won Friday’s election debate, a poll finds Nigel Farage won Friday night’s seven-way BBC election debate, according to a poll.  A snap poll of 1,031 voters by More in Common found most thought Mr Farage won the debate, followed by Angela Rayner. Mr Farage received 25 per cent of the vote while Ms Rayner received 19 per cent. The Green Party’s Carla Denyer was the third most popular with 11 per cent, Stephen Flynn for SNP received 10 per cent and Penny Mordaunt, the leader of the House of Commons, took 7 per cent of the vote. Daisy Cooper, the deputy leader of the Liberal Democrats and Plaid Cymru’s Rhun ap Iorwerth took 5 per cent and 2  per cent respectively. The debate saw Britain’s main seven political parties clash ahead of the general election on July 4.  Mr Farage, who returned to frontline politics for Reform this week and is standing as an MP in Clacton, challenged his political rivals on immigration and net zero policies.
    • Hi CAG Team, I'm seeking your skills and help for a NtK my partner received through the post earlier this week. To give a little backstory, my partner and I, along with our young children (4 and 7), decided to go on a camping holiday about 3 hours away from us. We took a car each because we didn't have enough room in one car. We arrived at the services at very similar times as we followed each other the whole way. So, two cars. My partner has received this NtK, but I haven't. This NtK dropped through the front door on Wednesday, June 5, 2024.  We both parked in the Burger King car park, not in BP; we got out, all went for a toilet break, got some food from the BP garage and returned to our cars to eat.  After eating, we took the kids to the toilet again before leaving to complete our journey. I didn't notice any parking restriction signs and can't get back to the location due to how far away it is. I noticed another person had an issue here and reported it to you, and they managed to get the charge dropped. See below. To me, it looks like they have cameras at the complex's entrance and exit. I'm not sure if they own the land/car park by Burger King, I'm not sure if this is a legal contract or not.  I find that 30 mins limit at a Services that serves hot food to be ridiculous and unfair, especially as we had kids to feed and water.  And the fact that I didn't receive the same NtK despite us driving in and out together is just crazy. This is the location - I also uploaded a map image. Google Maps MAPS.APP.GOO.GL ★★★☆☆ · Restaurant 1 Date of the infringement 24th May 2024 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 29th May 2024 3 Date received 5th June 2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] N 5 Is there any photographic evidence of the event? Y - Only entering and exiting the complex/land. 6 Have you appealed? [Y/N?] post up your appeal] N 7 Who is the parking company? MET 8. Where exactly [carpark name and town] BP Blue Boys, Tonbridge TN12 7HE For either option, does it say which appeals body they operate under. POPLA I hope you can help me out with some guidance on how to proceed with this. Let me know if you need anything else. Thank you, Passerby0233 2024-06-08 13_17_52-Burger King - Google Maps — Mozilla Firefox.pdf NtK_29-05-2024.compressed.pdf
    • Which Court have you received the claim from ? Civil National Business Centre (Northampton) Name of the Claimant ? PRA Group (UK) Limited How many defendant's  joint or self ? Self Date of issue – 23/5/24 AOS - Tues, 11/6/24 (19 days)  Defence - Thurs, 25/6/24 (33 days) Particulars of Claim 1. The Claimant claims the sum of £7926 for an outstanding debt owed. 2. On 20/4/18 the Defendant entered into an agreement with Lloyds Bank for a Credit Card under reference [16 numbers]. 3. On 10/5/22 the Defendant defaulted on the agreement with an outstanding balance of £7296. 4. On 28/11/23 the debt of £7296 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925. The Claimant has instructed PRA Group (UK) to act on its behalf and the CLAIMANT CLAIMS 1. The sum of £7925 What is the total value of the claim? £8481 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? I believe I sent a letter by registered mail of a change in address to abroad in 2021. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Not personally - probably sent to my parents Did you receive a Default Notice from the original creditor? Not personally - probably sent to my parents Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not personally - probably sent to my parents Why did you cease payments? Unable to afford, living abroad What was the date of your last payment? Unsure (probably 2021) Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No ................... I have read through a number of similar threads, one thing i'm not sure how to proceed about is that I live abroad in the middle east and have done for several years. The claim letter was sent to my parents address and I really don't want them to be harassed about this. I am sure I sent the original creditor a registered letter with my change of address but can't find this currently. I am not in a position to pay this, and tend to come back to the UK to see family at most once a year (less since Covid),  not particular bothered about my financial score...more concerned about harassment of my parents. I have not registered on the gov gateway or anything like that.  Details below (as best as i can), and thank you for taking the time to look into it. Also redacted claim form attached: Claim form 23-5-24.pdf
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

It can only happen to me


crusty git
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6189 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I've started a new thread to pull this all together. This anything but a typical claim so dont let it put any one off

 

Like all good stories the punch line is at the end

 

I started with the standard DPA lettter last MAy. Lloyds complied as far as a current account was concerned but failed to include a loan account.

 

I issued proceedings via MCOL for over £700 in respect or charges on the current account and another case to force Lloyds to comply with the DPA.

 

Lloyds defended the £700 with the standard defence, a local judge reviewed the case and decided that my claim was so short of detail that he ordered it struck out. After an awful lot of help from senior members of this site it was reinstated and set for a hearing in January where it was combined with the DPA case

 

Lloyds defended the DPA case and issued a counterclaim - for £390 which was the unpaid balance of the curent account.

(confused? you will be)

 

At the hearing in January the Judge asked me what details the bank had failed to supply and I replied that I particulary wanted the Loan agreement

 

He then asked the solicitor if he had a copy and was told no. after tearing the solicititor of a strip he suspended the hearing for 15 mins so he could arrange to have it faxed to the bank

This the solicitor was unable to do, after a few more choice comments the judge ordered that Lloyds supply the information withinn 14 days an set both cases down for a trial yesterday

 

The solicitors wrote to me stating that "the banks policy is that all cotractual documents are destroyed after 6 years" so nothing was available.

they also produced 2 witness statements, one reducing the amount of their counterclaim by £188. the second confirming the banks Policy on destroying contracts after 6 years and claiming that £110 of my claim is statute barred.

 

I got to court yesterday and met the solicitor for the bank, (who had travelled around 160 miles to get there).

 

The Judge asked the solicitor if the witnesses were at court, they were not. he pointed out that in view of the contents of their statements I might well wish to question them.

He also pointed out that as the babk had not raised the question of limitation in their defence it was inadmissable and asked the solicitor if he would withdraw that witness statement.

The solicitor said he could not therefore the matter must go on to trial rather than being setttled there and then.

 

The Judge then declared an interest and disqulified himself from the case apparently his wife is in the process of claiming charges rom a bank!!!

 

so to sum up after 11 months the case is to be relisted for hearing

and again Lloyds have been sent away with a flea in their ear ant basicly told to settle

 

ALL THIS FOR A CLAIM FOR £700 and DPA failure

 

It can only happen to me

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

Link to post
Share on other sites

I wonder if she posts here - That could be a new thread for the bear garden - to try and identify her from her posting name

 

Any guesses

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

Link to post
Share on other sites

come on you must have some ideas

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

Link to post
Share on other sites

Nic I would if I knew how to do it, please feel free

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

Link to post
Share on other sites

brilliant ..judges wife claiming priceless :D :D made my night.:D :D

 

the amount of money they earn :o :rolleyes: just goes to show how snowballing effect this is re what date etc dd's go out etc etc etc etc

Link to post
Share on other sites

dear oh dear Lloyds really do stink

 

looks like you have nothing to worry about though, just a bit drawn out - no way this will go to trial

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

Link to post
Share on other sites

Thanks Itsamoment,

I'm sure that I will win in the end, ive never seen a case drag on like this one, 11 months and counting. I should get a new court date this week that and the judges remarks may concentrate Lloyds minds on the subject

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

Link to post
Share on other sites

Still waiting for the next court date

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

Link to post
Share on other sites

Thanks for the support nic. One thing has been niggling away at my tiny mind. I yhink that I am correct in thinking that if a bank (or anyone for that matter) lies to a court in evidence or a statement it is a serious criminal matter.

 

The witness statement of the branch manager states very clearly that The policy of the bank is to destroy all contractual document after 6 years, therefore as the loan in question was taken out in 1998 the documents were destroyed in 2004. The same information is repeated in a letter from [problem].

 

If this statement is true then all contracts and contracts with the bank would be destroyed after 6 years -- I dont think so

 

I have checked the statement and this is exactly what was said

 

Any thoughts any one

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

Link to post
Share on other sites

I thought they weren't allowed to actually destroy ANY data? Im sure i read that somewhere. After 6 years they put it on microfiche or some other compact storage system to store it all i think. Someone please correct me if im wrong. :o

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

Link to post
Share on other sites

I think that you are right - Has anyone had contractual documents from Lloyds that are more than 6 yrs Old?

 

j

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

Link to post
Share on other sites

The plot moves on -

Another preliminary hearing this one for June 18th. This is turning into pure farce.

Great theatre but its not getting my money back -- Yet

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

Link to post
Share on other sites

I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Link to post
Share on other sites

TES

 

Tomterm8 I owe you a very large pint Thanks

 

I have t think about this now, the loan account that they cannot produce the agreement for is paid in full, I am reclaiming the charges for late payment of installments.

 

So the loan itself may be gone, but what about the interest on it?

 

Advice any one

 

Thanks

 

John

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

Link to post
Share on other sites

I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Link to post
Share on other sites

I know this is not 'helping' in any shape or form, but i have to just say every time i see your username 'crusty git' it makes me giigle...:lol:

Lovin it ....

XxXxX

:p

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

Link to post
Share on other sites

Blame my wife for the name I simply omitted the word OLD from her description. but payback time will come in August at the Petrerborough CAG Partyin he park - she will be known as Mrs Git.

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

Link to post
Share on other sites

  • 1 month later...

Right the day for the preliminary hearing finally arrived, armed with two large folders and numerous printouts of CAG threads I atteded court.

At five minutes to go the same solicitor apperaed with a big smile on his face, obvioously regarding me as a long lost friend.

He was very pleased to offer me a settlement of abot 60% of the claim and took some pleasure in telling me that LTSB won a case the other day.

 

I must watch too much daytime TV, I thought for a moment and said No Deal.

After a bit of half hearted haggling guess what -- yes he settled for the full amount.

 

Date of issue of MCOL 17 June 2006

settled 18 June 2007

 

As I said at the start of this thread this story is not typical dont let it put any one off - It can only happen to me

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

Link to post
Share on other sites

Right the day for the preliminary hearing finally arrived, armed with two large folders and numerous printouts of CAG threads I atteded court.

At five minutes to go the same solicitor apperaed with a big smile on his face, obvioously regarding me as a long lost friend.

He was very pleased to offer me a settlement of abot 60% of the claim and took some pleasure in telling me that LTSB won a case the other day.

 

I must watch too much daytime TV, I thought for a moment and said No Deal.

After a bit of half hearted haggling guess what -- yes he settled for the full amount.

 

Date of issue of MCOL 17 June 2006

settled 18 June 2007

 

As I said at the start of this thread this story is not typical dont let it put any one off - It can only happen to me

 

J

 

Congratulations!!!

 

the virtual pints are on you:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...