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    • No. It's a public (council maintained) road with some houses in it.   Some other houses back onto it too and those owners have right of way down the road to access the back of their properties.  Theres a few garages with private osp - so one drives out the garage, over the osp, and onto the public side road and then out on to the public main road.  Irrespective of whether the garages are used - the local businesses parking their cars on the private osp are ostensibly preventing cars from accessing the public roads.
    • is the side street solely for access to your garages? who owns the land and thus the road? dx  
    • A local business has been parking on an off-street parking space in front of my garages (in a side street).  I wasn't using them for a while so didnt bother to do anything.  But now a second local business is also using the osp - taking it in turns with the 1st biz.  This has started to nark me.    The employees choose to drive to work.  There is no private parking in their business's street.  But there are some underground secure garages in their street - which cost apx £2.4k/y to rent - which works out apx £6.60/d. (I believe one of the biz owners already rent one for storage purposes).  If the employee had to park on a meter it would cost them £6.60/h - £66 for 10h and have to move every 4h.  They just don't want to pay for parking. I haven't confronted either of them.  Instead I just put 2 clear "no parking" signs in front of the garages. And a note on one of the cars specifically saying that as they don't live or rent in the street and it's private land could they stop parking.   They ignored that.  And just put notes on their dash with a # to call if one needs the car moved.  There is a sign and they've been told in writing to stop parking. And they are just ignoring it.    I don't what a confrontation.    I don't want to go to the expense of bollards (other than maybe traffic plastic ones - but they'll probs just move them).  Council won't do zilch cos it's private land. And police won't get involved - unless I clamp/ tow the cars and then they'd be after me, not the drivers!    What's the best thing to do?
    • yes might be the best idea. you'd only at best get 8% flat interest and that unusual on a GOGW if this was what it was. simply contact the FOS and let them know its resolved. dx  
    • If you’ve ever wondered how you might fare in armed combat, the first 20 minutes of Steven Spielberg’s Saving Private Ryan is likely to make you thank your lucky stars you were born too late to storm the Normandy beaches on June 6 1944. I suspect many of us might be driven to identify with those men who were absolutely turned to stone by fear. And yet these young men, mainly conscripts, screwed their courage to the sticking point and did the job the fate had chosen for them, heroes all.   .. UK PM Sunak perhaps thinks he understands mind numbing fear better than many as he dishonorably fled the beachhead to do nothing more than double down on dishonest spin and lies from the safety of a UK studio .. The Normandy heroes who not only held their positions, but advanced through hell to a victory that changed the entire course of history .. undoubtedly hold a different perspective.     from a perspective in TheConversation     .. 'That was the slot that sunaks team offered for the interview
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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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      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.

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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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Please help! Lowell/Smile CA turned up!


Vampyra
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Thanks Rory I thought it was the case but one needs to be sure. So 2 unenforcables - I got a Barclaycard Student Application form from Cabot - and 5 no shows. Not a word from Fredrickson International/Bryan Carter re: CCA on NatWest overdraft, nothing from 1st credit, 2 holding letters from CapQuest and 1 from Lowells and this time next week the SAR on HBOS will have reached 40 days.

 

:D

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Sounds good so far!!

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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That 'credit agreement' is exactly the same as Smile have just sent me.

 

It lacks two prescibed terms:

 

1. No interest rate - it does state an interest for transferred balances but not a general interest rate for the card.

2. No credit limit - not even a statement of how this will be determined.

 

This type of 'agreement' is COMPLETELY unenforceable, even in court.

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The right to cancel, as well as default charges, are missing. However, neither of these are prescribed terms and wouldn't make an agreement completely unenforceable. Luckily for us, the lack of interest rate and credit limit do this perfectly well!!

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I tried this Andrew. It's asking me for a duration of the agreement which there isn't and the repayments which there are not and the total amount payable, which there isn't so I have don't know for APR, 60 months just to get a figure in there and constant regular payment of 0, and £500 as the total amount of credit, though it doesn't say it on the form.

 

Very scant info but the verdict is:

 

YOUR CREDIT AGREEMENT MAY BE UNENFORCEABLE

(The Court is precluded from making an enforceability order)

 

The assessment table below shows that there are certain terms on your credit agreement that are in breach the Consumer Credit Act 1974 and the Regulations.

 

The court is precluded from making an enforcement order if the rules and regulations on signing an agreement are not complied with unless a document containing all the prescribed terms was signed by the debtor. The court is also precluded if certain provisions relating to cancellation were not complied with.

 

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It's a helpful site for people though Ian and we are going to try to work through some really clear and simple FAQ's for people in the Deed of Assignment thread. Maybe you would like to help too? All valuable knowledge will help :)

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Oh yes, I don't doubt that the test is helpful, but I was simply making the point that these Smile agreements are clearly unenforceable without running it through the test.

 

There is a problem with that page, though, in that it won't accept a huge number of agreements because they are missing some of the information that it requires. It needs an option to say that something is simply not on the agreements.

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OK Vampyra, found you, no need to answer in DOA:p

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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  • 1 month later...

A non-executable piece of paper resembling a CA was sent from Lowells from Co-Op Smile.

 

It arrived after the default date but just inside the criminal offence date - however I would argue I requested a fully & correctly executed copy of my CA and they didn't provide this within the 42 day limit so they have, in all logic committed an offence.

 

I sent a letter out to them stating this and that they cannot persue this debt whilst it is in default. Also as they have been unable to prove the debt is owed by way of a properly executed CA and no proof that they even own the debt, I asked them to set the balance to zero and cease processing my data.

 

I also stated that :"Should you attempt to pursue any legal action on this account against me it will be averred that the proceedings of the claim are both unlawful and vexatious for the reasons above."

 

I recieved this in reply:

 

Dear Miss Vampyra

 

We have now referred your account to our client for their autherisation that legal action be commenced against you and we expect an answer from them within the next 10 days.

 

If you contact us now and negotiate settlement of your account by way of full and final settlement or a monthly repayment plan we will submit your proposal to our client and await their final decision. This will also delay or halt any potential legal action being taken against you which may be by way of BANKRUPTCY proceedings should your balance exceed the involvency threshold.

 

We do not intend to correspond with you further regarding this matter, unless you enter into an agreement with us for re-payment of the debt. Any further correspondance may then be from the court if legal action is commenced against you, (if this is seen as a viable option), or from a licenced Field Agent who may call at your property during a period to be notified to youto either collect the outstanding debt or assess your means with a view to continuing with any permitted action to recover the debt.

 

Call NOW on telephone number 0845 279 7122

 

Your sincerely

A. Turd

 

OK people, another company refusing to acknowledge the Data Protection Act request and anything to do with the fact that they can't collect.

 

Your thoughts and input please! :)

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Surely this is just another frightener??

 

Stick to your guns and slap it into them. If they were going to take court action they would have done it to pre-empt anything you may be planning. I think you've got them on the ropes.

 

MR A TURD?????? :grin: :grin:

 

Laughed so loud, my boss came over to see what I was doing.........:eek: 8)

 

 

Go get 'em Vamps.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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The threat of bankcruptcy (which would benefit neither party) is usually the last act of them throwing their toys out of the pram.

 

We have now referred your account to our client for their autherisation that legal action be commenced against you and we expect an answer from them within the next 10 days.

Rather non commital that there will be any legal action.

 

Any further correspondance may then be from the court if legal action is commenced against you, (if this is seen as a viable option),

 

Even more vague.....don't they know whether it's viable? I thought they were professionals :p

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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MR A TURD?????? :grin: :grin:

 

Laughed so loud, my boss came over to see what I was doing.........:eek: 8)

 

 

Go get 'em Vamps.

 

Well we are not allowed to write their real names are we? :D

 

The threat of bankcruptcy (which would benefit neither party) is usually the last act of them throwing their toys out of the pram.

Rather non commital that there will be any legal action.

Even more vague.....don't they know whether it's viable? I thought they were professionals :p

 

Indeed!

 

I assume and I know assumption isn't clever, but I assume they have sent the original letter I sent to Lowells onto the Co-Op and they are looking into whether it's worth bothering with.

 

Isn't the insolvency threshold £750 anyway? I may be wrong here, but this is for less than that.

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Isn't the insolvency threshold £750 anyway?

Yes but most DCA's seem to think they can make you bankrupt for anything over £3.50.

 

Got your PM - I'll give you a reply later.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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There are alot of ifs and mays in the letter, stick to you guns and fight them with the rubbish CA "if" they go to court. I got a court threat where there was no proper CA for La Redoute and I responded with a "bring it on" letter ..... still waiting for my summons which was threatened about 6 or 7 weeks ago, that letter had "if" and "may" in it too !! :)

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