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    • 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
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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
        • Like

Office Of Fair Trading Test Case


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So...

Oft are saying that the charges are unfair for the purposes of the UTCCR of certain terms contained in each banks personal ( so not businesses) current account arrangements providing for charges to be imposed upon customers who seek to make payments for which they do not have available funds.

The banks are going to counterclaim with:;

(1) the terms fall within regulation 6(2) of the regs and do not fall to be assessed for fairness.

(2) If they do fall to be assessed for fairness then the banks must as a precondition be shown to have contravened the requirement of good faith

(3) The charges are for a service not a breach of contract, therefore, not a penalty at law.

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O.K.

 

 

Once you start a court claim, however long the court claim takes... it doesn't matter, because it's the day the action starts that determins whether the statute of limitations applion.

 

Hence my big text above.

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.

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Who has given the waiver? The OFT you say.... I've got my head in my hands..

 

Sorry, the FSA.

 

Oh dear, I got one thing wrong.

 

SORRY, EVERYBODY!!!

 

I shall now go and cover my head in ashes and dress in sackckoth. :rolleyes:

  • Haha 2
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what really angers me is people like me have days to wait for a refund of charges and now it could be years... what about the court costs we have paid and also people who scraped the fee for the court costs together and really needed it... £120 for some people is quite alot... i feel for those the most..

 

 

Exactly toffo..weve been on our backsides for a long time and finaly managed to scrape the £250.00. we only had to wait until monday and if barclays had not put a defence in by then we would have won by default..gutted

Taff-p. v BARCLAYS

S,A,R. SENT 23RD FEBRUARY

 

Taff-p. v LLOYDS TSB

S,A,R SENT 23RD FEBRUARY

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The fact that they can still charge us - despite the now ongoing case - and yet we're all stuck in limbo is the thing that worries me the most. It's this un-balanced approach by the financial cartel of the FSA, FOS and the OFT that makes me pessimistic about the eventual ruling.

 

The banks were starting to lose too much money. The courts were getting jammed. Somehow, this pesky consumer revolt had to be pinned down. And yes, JFK was killed by the CIA, The moon landings were filmed in Vegas, and Tony Blair intentionally lied about Iraq...at least two of those are true...;-)

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The claim they are filing today is:

for a declaration that the relevant terms are not excluded from an assessment for fairness by reason of reg 6(2) (a) or (b)

 

The bank has to provide today

a representative selection of the historic relevant terms and relevant charges of each bank of a kind that is in dispute in the County Court claims.

 

(b) The relevant terms applicable to each banks personal current account currently in force and each banks current relevant charges

© in cases where each relevant terms /chrges are to be replaced supply the replacements

 

Will that not suffice ? surely that's what we were wanting to prove they wwere penalty charges

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I have to agree with Wild Bill on some points, although calling people stupid is not one of them.

 

I is rather tedious going through all of the posts and getting to the end with nothing but a sore head.

 

The same points being raised, same questions asked time and time again.

 

Mabe the moderators could start athread that us little people can only read, and not contribute to. That way we would be reading knowledgeable advice and thoughts, instead of 15 pages of public oppinion.

 

Basically somewher you can find out what the hell is going on and what we should do!

 

I would also like to commend bookworm for your babysitting everybody through this frustrating time.

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destinyofsouls - Eeee that's an interesting usename,

 

Anyway I think you are right. I have carefully read the OFT page on this and they all the way through are talking about the UTCCR. I suggest that no-one in their offices has actually made a claim for charges OR has seen the witness statement on CAG that refers to OTHER legislation in concern to these charges.

 

OK it is a good thing that their test case is to clarify the UTCCR's; and they say they are certain they have a strong case - great.

 

BUT the OFT & CAG both represent the consumer, in the OFT case that is their only role. I think that the legal team on CAG (how on earth we contact them I do not Know - ok they got up a fighting fund of £100k for Kevins case; but this is IMHO is FAR FAR more important as it effects everyone). I am fairly sure the OFT has no idea about the process that we use here to re-claim penalties - why should they?? I think it is time for our legal bod's and theirs to meet - I really do:

 

Many thousands of people will be relying on this !!!

 

EDIT - Oops

I also think there needs to be another template letter regarding 'Directions' - because, just like in the Hull cases in the wake of Birmingham judges may wish to strike out cases, or stay them, the arguments do not match up. The OFT are only talking about UTCCR's and NOT other legislation that business claims rely on (and have been successful)

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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so each bank to serve & file an acknowledgement within 7 days.

Each bank to suply the OFT copies of current T&C's for current accounts by 1/8/07 and any other historical T&C's relating to previous charges.

 

Each bank to serve its counterclaim by 26 OCTOBER 2007

The first CMC to be held on the first available date after service of counterclaims. ( prob 2011)

THEN

Directions only to be sought at this first CMC to dicuss timings for getting togehter evidence. ( prob 3011)

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I have to agree with Wild Bill on some points, although calling people stupid is not one of them.

 

I is rather tedious going through all of the posts and getting to the end with nothing but a sore head.

 

The same points being raised, same questions asked time and time again.

 

Hey... nothing succeeds like no-one knowing what the heck is happening:)

 

People need reassurance, and... um... that's a little repetative in places.

 

The Forum moderators HAVE posted a response thread that's closed... this one is for people to, you know, repeatedly ask the same questions, and raise the same points.

 

P.S, did i mention already, people should stay on timetable, and STILL CLAIM?

 

 

Mabe the moderators could start athread that us little people can only read, and not contribute to. That way we would be reading knowledgeable advice and thoughts, instead of 15 pages of public oppinion.

 

Already been done. At the moment, no-one really knows what's going to happen...

 

 

I would also like to commend bookworm for your babysitting everybody through this frustrating time.

 

Patience of a saint.

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.

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Wo Wo Wo

 

Hi Everyone. I think we are looking at this from the wrong aspect. Yes the annoucements of yesterday and today are extremely imbalanced. The banks have the write to continue charging as they believe is there right but the FSA have slapped us all by not allowing us the right to cliam (in a resonable timescale) which is our right.

 

However, the banks argue that there fees are not a penalty but a service charge, under the supply of goods and services act any fee for a service provided has to be reasonable, if the banks want to take the tact that they provide us with a service should we not legally argue that £35 for a service that costs £2.50 is unreasonable.

 

With this arguement the courts would not be able to grant a stay in any of the cases as this is a different peice of law than is being argued in the test case ??????????

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so each bank to serve & file an acknowledgement within 7 days.

Each bank to suply the OFT copies of current T&C's for current accounts by 1/8/07 and any other historical T&C's relating to previous charges.

 

Each bank to serve its counterclaim by 26 OCTOBER 2007

The first CMC to be held on the first available date after service of counterclaims. ( prob 2011)

THEN

Directions only to be sought at this first CMC to dicuss timings for getting togehter evidence. ( prob 3011)

 

Halifax are saying that they believe it will take 12 months to resolve.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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peter- a year ago, the vast majority of the knowlegable ones were in the same position as you are. They only aquired what they know, in general by asking the same old questions and going through with claims, gaining a bit of legal experience along they way.

 

In fact a year ago, it was pretty much a case of the blind leading the blind.

 

The answer is to read, read, and keep reading. We are all at different stages of understanding now, so please be patientbut dont be backwards in coming forwards and asking.

 

There are no silly questions, just idiotic answers.:)

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Can anyone tell me whether we can continue claims for credit cards ? I have 1 credit card claim at court and 4 with the ombudsman.

Bump....

 

Sorry to ask again but all announcements I have seen so far refer to overdraft charges - anyone know for definite if credit card claims will proceed as normal and be dealt with by the courts / FOS without a stay ?

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Bump....

 

Sorry to ask again but all announcements I have seen so far refer to overdraft charges - anyone know for definite if credit card claims will proceed as normal and be dealt with by the courts / FOS without a stay ?

 

 

As I understand credit cards are not part of this test case, neither are business accounts.

So everybody turn your personal bank account into a business account and then claim

 

So Mine would be Destiny of souls t/a bank slapper

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I have to agree with Wild Bill on some points, although calling people stupid is not one of them.

 

I is rather tedious going through all of the posts and getting to the end with nothing but a sore head.

 

The same points being raised, same questions asked time and time again.

 

Mabe the moderators could start athread that us little people can only read, and not contribute to. That way we would be reading knowledgeable advice and thoughts, instead of 15 pages of public oppinion.

 

Basically somewher you can find out what the hell is going on and what we should do!

 

I would also like to commend bookworm for your babysitting everybody through this frustrating time.

 

Aww shucks, 'tis nothing. Just doing the job for which they.... er, don't pay me for *realises why finances not doing as well as thought* :-D

 

Anyway...

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/107573-oft-test-case-what.html, I think, says it all, or at least, as much as we can hope for at the moment, and it is repeated at the top of each forum.

 

I would ask each and every one of you to post the link to it every time you come across the questions which will be asked over and over again. It is only by spreading the message far and wide that we can calm things down.

 

I feel very sorry for those who are not members of this forum, and have only the media frenzy to go by, and the "the end is nigh" messages of gloom and doom. If you know anyone who is thinking about reclaiming their charges, or talking of giving up, please direct them here.

 

Today's big news is tomorrow's fish and chips wrapper. In a few days, Paris Hilton's latest drink-driving will push the issue further out of the media, and then, we can all regroup and carry on as before. Meanwhile, keep a cool head, keep your wits about you (it's easier for me, I don't have many to start with :p).

 

It's not the end of the world, it only feels that way. ;)

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12 months for a verdict and then another 12 for the appeal. Meanwhile the charges are racking up again

 

I think you'll find that this case is very much fast-tracked. I believe that it will take 6 months for a verdict, 3 each for the two appeals (appeals court, house of lords... ). Plus, extra time for europe.

 

At the moment, I'm laying odds that it will be a full house sitting.

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.

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I think the money generated by such charges and the profits that these institutions make should be more than enough to justify what is reasonable.

 

What I am trying to say is that we have collectivly a great amount of power and rather than be dictated to perhaps we should fight using tactics like the bank.

 

If they can change there minds and tactics so can we !!!!!!!

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How do you assess ' reasonable' for their service?

The old cow on telly says that when anyone goes into and unauth situation, there has to be credit checks and all sorts done ( yeh right)

and that is where the charge is justified

 

That could well be an insight into their strategy going forward. I wouldnt be surprised if the banks do start completing a LOT of extra work and checks when someone goes over limit so that they can try and justify the £30 charge as part of the trial case.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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I knew I had seen it some where on here posted by bankfodder

 

have a click on this

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

 

maybe worth a try... especially if we add that if the stay is still granted can the bank cheges and intrest on the account in disputed be suspended till after the test case?

 

The judge mat think it's only fair and just

 

:-)

Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.Thus, what is of supreme importance in war is to attack the enemy's strategy. What is essential in war is victory, not prolonged operations.

 

Sun Tzu 'The art of war'

POST THE LETTER AND SIGN THE PETITION AT POST 88 ON THE LINK BELOW TO GET THE OFT TO INVESTIGATE THE CRA'S

 

http://www.consumeractiongroup.co.uk/forum/campaign/153512-campaign-oft-against-unfair.html

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