Jump to content


  • Tweets

  • Posts

    • I've read loads of old messages about what to do but feel my case is different, it's a bit of a back story so ill break it down. - Had a letter from an Italian province in July of 2020 for a speeding offence in 2019 for 575 euros, was in a hire car I used for work, no longer work for them and heard nothing from either. - Thought blimey, but went to pay it anyway, it had doubled to over 1100 euros, yeah I can't afford paying that, filled out the attached information sheet to say it was me driving but I have no money or job due to COVID (true story) and sent it back (durrrr) - Heard nothing until December of 2023, a letter from an appointed solicitor from Florence saying if I don't pay, we will chase you through the legal system with costs born by you. - May of this year, I get a letter from CLI (Credit Limits International) saying they have been appointed to carry out the collection, £1475. - Stupidly, I started the 'three letter process' asking for proof etc, and they replied a few days ago with a copy of the fines I had received from Italy, they stated the debt has no terms and conditions as it relates to a fine in Italy and the debt is not subject to the Consumer Credit agreement. I translate that to "at the moment we don't own the debt and have been given authority from Italy to pursue the debt". That is where I am currently at, I would begrudge giving in and paying an obscene amount. As seen from similar threads, I know a threat of a visit is coming, followed by a threat of court action, but annoyingly it hasn't been mentioned how these cases were concluded and the threads are now locked. I've read to ignore them, but can't help but feel that because it's such a substantial amount that they will feel it's worthy of pursuing this no matter the hoops they have to jump through. Along with admitting it was me driving and opening the can of worms by contacting the DCA, it wouldn't look good for me should it ever get to a courtroom.  Has anyone with previous experience managed to 'get away with it'? Anyone know what they're capable of other than nagging me? I'm not after any moral judgment. Forgot to add, got friends in Italy, and one of them rang the Police where the fine came from, and her reply was “Tell your friend it’s not a big deal, it’s only a speeding fine we’re not going to chase him, tell him in future to take his foot off the gas, however it he returns to a Italy and gets control checked, he would be held until the fine is paid”  A bit odd I thought, considering I am being chased now.
    • take the SD card out and put on a pc/laptop then run recuva on it in  select videos only option select specific location hit browse then select drive letter of the SD card. then next  then deep scan then go have a cup of tea..  when done dont recover the all files back to the card select a new folder on your pc/laptop        
    • hi all, i will list my curmcumstance first then list the details of the penalty charge - we are 2 diabled people being affected by the cost of living crisis and are skint etc. i am disabled with mobility issues(arthritis in knees and ankles and gout) and cant operate car pedals anymore so i let a friend up the road use my car in exchange for her driving me about. its a good arrangement as i get a 'chauffer' and she gets the use of car. the car is parked in her drive which is better as i was refused a disabled space (even on appeal) and too much congestion to park the car outside my house. my friend is vulnerable as she has suffered depression and suicidal thoughts since the loss of her mother a few years back, she is dyslexic, she is a carer for one of her sons that is disabled due to mental illness and mobility. she lives in a council house and cannot work. we went to iceland ..attracted by the 10items for £10 offer - we've never been there before. a large artic lorry was parked accross the car park blocking the view of one of the parking signs and blocking the disabled bays where the pay&display machine is. by the time she helped me out of the car and then went to see if it was pay&display then came back to me at the car she said she thinks it was pay even for disabled, so we looked for change in the car which we didnt have (she normally goes asda which dont need to pay for parking)so then we said we'd either go get change or go to asda...so then by the time it took her to help me back in and get out the car park took 15 minutes...5 minutes overstay past the 10minutes grace. the letter from excel parking came through and i sent it back giving her name as driver (before i saw on here that you shouldnt name the driver) then i appealed explaining what happened (lorry blocking etc) and even said we were being descriminated (advised by citizen advice)as we are disabled and 15minutes is not long enough for a crippled disabled man and a woman with dyslexia to read and understandd the sign and get out, then back in the car and look for change then get out the car park in 15minutes. i even explained she was a vulnerable person on anti-depressants and even sent a photo of medication and said if you need a doctors note then let me know....the appeal was rejected. i've emailed iceland over 50 times and they just wont tell excel to cancel this charge - they are ignorant and ive even asked them why they have a webpage saying 'iceland combatting the cost of living crisis' pretending to help their customers and they wont comment...they'd rather put more stress and anxiety on an already suicidal vulnerable person just to get money out of them..so their 'help' during this crisis is a lie as it wont even extend to disabled customers. she has now received 2 letters from DCBL saying she owes £170 for 5minutes of overstay. the last one is a final demand. as she cant read or write very well ive sent a recorded letter to DCBL (as advised by citizen advice) asking not to attend the property due to a vulnerable woman inside the property as it will only exasperate the situation, they have ignored it and basically said we dont care, you still owe. could anyone please advise - we are not very good with letters or these situations and are slow on the uptake.   1 The date of infringement? 28th dec 2023   2 Have you yet appealed to the parking company yet? [Y/N?] yes   If you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]cant do that - will have to get my son to do it when he visits   Has there been a response? yes   Please AS A PDF FILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]cant do that - will have to get my son to do it when he visits   If you haven't appealed yet - .........DONT ! seek advice on your topic first.   Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] yes   What date is on it? 15th january 2024   Did the NTK provide photographic evidence? yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'scant do that - will have to get my son to do it when he visits   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] not on the front - maybe on the back but cannot find the letter now   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] yes   5 Who is the parking company? excel   6. Where exactly [Carpark name and town] did you park? gravesend in iceland    
  • 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

African Igbo vrs Barclays/Woolwich


african_igbo
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5973 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

Oops I may of mislead you all I have sent my AQ and Draft order which had to be in before the 27/07/07 which it has I telephoned the court who state that Bs haven't sent in anything other than the Notice of defense.

 

I was under the impression that they also had to file a AQ before the 27th of July to which I was told by the Courts that Bs haven't and they told be to send a Request for Judgment is this correct as I just assume I wait for the Courts to allocate my claim set the date (possible November 2007 ), issue directions etc etc and wait as Bs told me over the phone that they will not be doing anything until the Test Case.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

Link to post
Share on other sites

  • Replies 130
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

How do I apply to have their defence thrown out and receive judgment in my favour

can I send the the "Request for Judgment" slip.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

Link to post
Share on other sites

Is there a general letter to get Bs (Banks) to have the defence thrown out of court.

Cheers

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

Link to post
Share on other sites

Cardiff Civil Justice Centre

12 Park Street

Cardiff

CF10 1ET

Date: 31/07/07

Dear Judge.

Claim Number: 7xxxxx

 

Claimant: xxxx xxxx vs Defendant: Barclays Bank PLC.

 

Please can the Barclays defence be struck out for not submitting their Allocation Questionnaire and returning there Allocation Questionnaire on or before 27th of July 2007.

which has now passed.

 

Your Sincerly

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

Link to post
Share on other sites

You are able to apply to the court for default judgement for failure to comply with protocols.

Under section 3.4 of the civil procedure rules - in particular rule 3.4.4 they have not complied with the Protocols as per the time frame given for filing the allocation questionaire. Linkhere

 

The application to the court is to have the defence struck out due to failure to comply with protocols under section 3.4.4 and that summary judgement be granted.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

Link to post
Share on other sites

Hi Please can you proof read and confirm if I can send this application to the courts.

 

 

Claimant xxxx xxxx Vs Barclays Bank PLC.

 

This application to the court is to have the Barclays Bank PLC defence struck out due to failure to comply with protocols under section 3.4.4 and that summary judgement be granted.

Power to strike out a statement of case

3.4

(1)

In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2)

The court may strike out (GL) a statement of case if it appears to the court -

(a)

that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b)

that the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or

©

that there has been a failure to comply with a rule, practice direction or court order.

(3)

When the court strikes out a statement of case it may make any consequential order it considers appropriate.

(4)

Where -

(a)

the court has struck out a claimant's statement of case;

(b)

the claimant has been ordered to pay costs to the defendant; and

©

before the claimant pays those costs, he starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the statement of case was struck out,

the court may, on the application of the defendant, stay (GL) that other claim until the costs of the first claim have been paid.

(5)

Paragraph (2) does not limit any other power of the court to strike out (GL) a statement of case.

(6)

If the court strikes out a claimant's statement of case and it considers that the claim is totally without merit -

(a)

the court's order must record that fact; and

(b)

the court must at the same time consider whether it is appropriate to make a civil restraint order.

 

 

Cheers

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

Link to post
Share on other sites

Welshcakes - Here is my draft is this sendable Thx

 

Cardiff Civil Justice Centre

12 Park Street

Cardiff

CF10 1ET

Date: 01/08007

Claim Number: 7CFXXXX

 

Claimant: XXXXXX XXXXXX Vs Barclays Bank PLC.

 

Dear Judge

 

I am applying to the court for default judgment for failure to comply with protocols.

 

This application to the court is to have the Barclays Bank PLC defense struck out due to failure to comply with protocols under section 3.4.4 and that summary judgement be granted.

 

Under section 3.4 of the civil procedure rules - in particular rule 3.4.4 that Barclays Bank PLC have not complied with the Protocols as per the time frame given for filing the Allocation Questionnaire

Power to strike out a statement of case

3.4

(1)

In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2)

The court may strike out (GL) a statement of case if it appears to the court -

(a)

that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b)

that the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or

©

that there has been a failure to comply with a rule, practice direction or court order.

(3)

When the court strikes out a statement of case it may make any consequential order it considers appropriate.

(4)

Where -

(a)

the court has struck out a claimant's statement of case;

(b)

the claimant has been ordered to pay costs to the defendant; and

©

before the claimant pays those costs, he starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the statement of case was struck out,

the court may, on the application of the defendant, stay (GL) that other claim until the costs of the first claim have been paid.

(5)

Paragraph (2) does not limit any other power of the court to strike out (GL) a statement of case.

(6)

If the court strikes out a claimant's statement of case and it considers that the claim is totally without merit -

(a)

the court's order must record that fact; and

(b)

the court must at the same time consider whether it is appropriate to make a civil restraint order.

 

Yours Sincerely

 

 

 

XXXXXX

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

Link to post
Share on other sites

Hi A-I,

 

Sorry to butt in but, from my reading of the link, isn't the section you require 3.4 (2c) where B's have failed to comply with Court Directions.

 

Slick

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Thanks for that I will use that one after re reading and digesting it all.

But I have heard that this move would cost me possible £65.00 in court from a CAG member who spoke to the Courts.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

Link to post
Share on other sites

  • 3 weeks later...

Hi List well I got a Court Date for November so peeed off haven't bothered noting the date!. As what I have read and digested is that it will fall under the so called "Stay of Notice" and like most ppl will be confirmed once a " Test Case" is over and possible appealed if we win.

 

Thus while my case is pending and ready to got to court can I have any more charges differed or set to a more comfortable figure until this is concluded.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

Link to post
Share on other sites

Hi A-I,

 

So I take it B's submitted their AQ and it was accepted by the Court and it's next due for review in November.

 

Take heart that some cases are still being won because the banks are being lazy and complacent.

 

If your case has not been Stayed by your Court, you can prepare to fight a Stay if it is sought by B's in November.

 

Have a look here - http://www.consumeractiongroup.co.uk/forum/barclays-bank/108691-success-after-oft-anouncement.html - for some inspirational reading.

 

Regards, Slick

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Telephoned the Courts - Yes my case and others on the 14th of November will be "Stayed".

 

Great Country this work hard, taxed hard it rains most of the time and the Law's that be rain on us as well! without any hesitation What's Great about living in Great Britain imao.

 

Thx slickwilly132 for a bit of inspirational reading.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

Link to post
Share on other sites

A-I, Seeing your post on the Cardiff thread, it looked like you had different directions. It's seems v confused there in Wales.

 

I see the inspiration didn't last too long then. LMAO too!

 

Slick

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi Slickwilly132 I did get a updated letter that mine is also under "Stay" thus have I got to send anything to the courts i.e my court bundle plus is there information on the next procedures so I can read and digest and prepare for what ever arises next!.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

Link to post
Share on other sites

If Court says you're Stayed, all you can do is apply for Stay to be lifted - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820.

 

Bundle is only needed when Court asks for it from you.

 

Slick

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Ok Thanks slickwilly132 thus will wait like every one else had enough of sending letters and forms that usually go in the favor of the Banks Thx again.

 

Thus suppose will get directions on what is required next after the 14th of November 2007 and will be informed on what to send or do.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

Link to post
Share on other sites

  • 1 month later...

Hi List I have been away as I had basically 2 Months before my "Stay" November 14th So Please can anyone confirm that I don't need to turn up and wait for the Judges direction that both parties wait until the OFT/FSA Judgment! end of Year or early January 2008.

 

Cheers

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

Link to post
Share on other sites

Hi African,

 

I'd give the court a ring, just to make sure nothing's expected of you.

 

Slick

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi Forum

 

I am going to contact the Courts today I also hear on the grape vine that the Test case is possible the Jan 14th 2008.

 

Not long I am looking forward to adding the s69 interest to date I have already switched Current Account - I didn't close it, I have a overdraft limit of £1500 and I owe them £800 so I intend to pay £75 off each month So I am not getting hammered by £35 * 3 sometimes £35.00 * 4 charges for going over my overdraft lol.

 

So I will not be intimidated and what ever happens I will go for the full amount they over charged me! with interest.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

Link to post
Share on other sites

Igbo,

Cant believe you are STILL going...LOL

these things reeeally seem to be dragging out now dont they...

 

Right

Unless your court DIRECTLY informs you NOT to attend the hearing then you MUST.....If you do not they may kick it out..

 

If you hear from the bank advising you that there is no need to attend IGNORE it....DO NOT take directions from the bank.

 

As advised, contact the court, ...make a note of the time, date and who you speak to,,,,if they inform you that you do NOT need to attend... tell them you want it put in writing and sent to you.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...