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    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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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.

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The MP's campaign-Responses


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Got an initial email from my MP (Michael Wills, North Swindon):

 

Dear Mr {mcuth}

 

Thank you very much for your email of 6 November.

 

As your MP I appreciate your concern about the current freeze on complaints about bank charges pending a test case on this issue and that in the meantime banks can continue to levy penalty charges on their customers.

 

I have today written to Hector Sants, Chief Executive of the FSA, with your concerns that this decision is unreasonable, unfair and possibly in breach of Article 6 of the Human Rights Act.

 

I will contact you as soon as I receive a response, but in the meantime, please do not hesitate to contact me if you would like to discuss any of this further.

 

Yours sincerely

 

Michael Wills

MP for North Swindon

 

Cheers

Michael

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Thanks for that mcuth, I'll alter our lists when I get chance.

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Well tonight I have finally found time to reply to Gordon Prentice regarding the letter I received in reply to my original letter - have cd and pd MacBoys amazing letter and it is ready to send to him in the morning;)

 

Must admit - I'm a "wordy bird" but had to look up two words on dictionary.com - I do like my "input" on the "word" front - perhaps I should've chosen Short Circuit as my username :D

 

Thanks for that Mac - letter going off in the morning;)

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Had this back on behalf of Graham Brady MP in response to my letters to the Treasury Select Comittee:

 

Dear crfx

Thank you for your letter addressed to Mr Brady which has been passed on to him for his information.

Mrs Sybil J Crowther

Private secretary to Graham Brady

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HI all, you are managing to keep the pressure up I see, I think it would be great if we could get them to understand we are not prepared to take this lying down, it is so frustrating when we know something is so wrong, and all the bods responsible have deserted us!

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Thank you Bo, don't forget to let us know what happens.

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Well, it looks like things are looking up for us, as I've just received this email:

 

Dear Miss ja-de,

 

Thank you for your email below regarding unfair bank penalty charges. Please

accept my apologies for the delay in responding.

 

I agree that bank charges are unfair and it has been argued that they are

illegal. The charges which your bank, like many others on the high street,

imposes on its customers are unreasonable as they tend to be

disproportionate to the costs incurred by the banks themselves. The

consequences of these charges can be financially crippling. Many people have

been forced into spirals of debt, often for going only a few pounds over an

agreed limit.

 

The Liberal Democrat Treasury Team has/have been very active in support of

action groups opposing unfair charges. Vincent Cable, Lib Dem Shadow

Chancellor and Julia Goldsworthy, Shadow Chief Secretary to the Treasury

have repeatedly called on the banks to reduce the charges meted out to those

who enter an ‘unauthorised’ overdraft and they have written to the high

street banks to highlight Lib Dem concerns. They have also written to the

Office of Fair Trading, urging them to speed up their investigation into the

charges.

 

Unfortunately, we are still left with the unsatisfactory position originally

identified seven years ago in the Cruickshank report. In March 2000 the

Cruickshank report provided a set of broad recommendations for action, yet

the Government has failed to act on most of them.

 

Banks are fundamentally different from other companies because of the

inbuilt monopoly in the clearing system and because banks enjoy the

privilege of the Bank of England being the ‘lender of last resort’ (as we

have dramatically seen in the case of Northern Rock). I believe that there

is now an urgent need for an overall review of the regulatory regime

governing the banking system and not perceived, ad hoc actions.

 

Our Treasury Team will continue to push the Government, and remain in

dialogue with action groups on this important issue. If I can be of further

assistance please do not hesitate to contact me again.

 

For advice on claiming back your bank charges you may wish to visit

Welcome to Which? and following the links to their bank charges campaign.

 

I hope this has been helpful.

 

Yours sincerely,

 

Diana Wallis MEP

>> ----- Original Message -----

>> From: "Miss ja-de"

>> To: "Diana Wallis MEP"

>> Sent: Saturday, August 04, 2007 1:25 AM

>> Subject: Letter from your constituent Miss ja-de

>>

>> This message was also sent to: Godfrey Bloom MEP, Linda McAvan MEP,

>> Timothy Kirkhope MEP, Edward McMillan-Scott MEP, Richard Corbett MEP

>>

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It's a great reply; it most certainly looks as though the MEP's have seen the "light" so to speak, they didn't want to know a few months ago.

I am hoping that we'll get even more positive responses from now on. All we have to do is get more support on here! (easier said than done lol)

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For anyone who is interested, here is a link to the Cruickshank Report March 2000.

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I've also emailed 3 of my MEP's who deal with consumer affairs and monetary affairs - Sharon Bowles, Peter Skinner & Hannan.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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What a positive result ja-de, it just goes to show that MEPs are able to involve themselves in this issue, what do you think of the reply I had from Rhodri Morgan , (by the way I don't know if you added to your list?) how can it be right? apologies if I have scanned it before...val

Y Gwir Anrh/Rt Hon Rhodri Morgan AC/AM Prif Weinidog Cymru/First Minister for Wales

Image18.jpg

From the Assistant Diary Secretary

Oddi Wrth Cynorthwy-ydd Ysgrifennydd Dyddiadur

 

Llywodraeth Cynulliad Cymru Welsh Assembly Government

XXXXXXXXXX

XXXXXXXX

18th September 2007

Dear xxxxxx

Thank you for your attached letter dated 10th September 2007.

Unfortunately, the matters you have raised fall outside the remit of the National Assembly for Wales and we are unable to provide a substantive reply.

Unfortunately due to the Data Protection Act we are unable to forward your letter on without your express written permission. Therefore, I suggest that you send your enclosed letter to:

The Correspondence & Enquiry Unit 2/W1

HM Treasury

1 Horse Guards Road

London

SW1A 2HQ

Yours sincerely

Image19.jpg

Clare Burns

Assistant Diary Secretary to the First Minister Cynorthwy-ydd Ysgrifennydd Dyddiadur j'r Prif Weinidog

Bae Caerdydd . Cardiff Bay

Caerdydd . Cardiff

CF99 1 NA

 

 

Ff6n · Tel 029 2082 5111

Ffacs · Fax 029 2089 8198

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Thanks olden.

I honestly don't understand why other members of office can send a letter on, & MWA's can't, there just doesn't seem to be any logic to it.

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the R H Robert wareing (west derby, Liverpool)

has sent a written response to my email

i am going down the line of getting him to ask some "serious questions" in the house, to the chancellor of the exchequer about the current situation

will post his response letter later and and keep you updated ;)

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Thanks, Granby

 

Please could you ensure you go to this thread to past any responses? Cheers.

 

Mac

  • 04/04/07 - £104 exit fee refund - Portman BS
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Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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I received a letter back from Hugh Robertson today:

 

"Dear Mrs Tiglet

 

Thank you for your e-mail of 8 November about the bank charges. It was kind of you to let me have your views.

 

I can wholly understand why you are so concerned and I can only say that, on the basis of your letter, I agree with you entirely. It is quite wrong that customers should be treated in this fashion and you have my full support.

 

In view of the serious nature of the issues you raise, I will write today to the Chancellor. I will let you know as soon as I receive an answer.

 

Whilst writing, could I ask you not to use writetothem.com to contact me? It is normally only used by my political opponents who ask me to do ridiculous, time consuming things and then fail to register my response. You can contact me directly at any time via the contact details at the letterhead.

 

All my very best wishes

 

Hugh Robertson."

 

It has possibly helped that I have met him on a few occasions when doing work for Fairtrade Faversham, but I think an interesting point is made when he mentions writing to the chancellor.

 

Just floating an idea here, but might it encourage response if we all sent the letter (amended) to the chancellor?

 

Contact details are: [email protected]

and to send a letter the address is:

Rt Hon Alistair Darling MP

Chancellor of the Exchequer

HM Treasury

1 Horse Guards Road

LONDON SW1A 2HQ

 

 

Just thought it might achieve a bit of a response if we push our own MPs, our MEP's and the Chancellor. What do you think?

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All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Hi tiglet, that's another positive response, thank you for letting us know.

 

It's definitely worth thinking about writing direct to the Chancellor, but I think we'll have to wait for Mac & crfx to come online, for them to let us know their thoughts on this.

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You may have already seen this letter, but thought it might amuse you all :)

 

A 98 year old woman in the UK wrote this to her bank. The bank manager thought it amusing enough to have it published in the Times.

Dear Sir,

I am writing to thank you for bouncing my cheque with which I endeavoured to pay my plumber last month. By my calculations, three 'nanoseconds' must have elapsed between his presenting the cheque and the arrival in my account of the funds needed to honour it. I refer, of course, to the automatic monthly deposit of my Pension, an arrangement, which, I admit, has been in place for only thirty eight years. You are to be commended for seizing that brief window of opportunity, and also for debiting my account £30 by way of penalty for the inconvenience caused to your bank.

My thankfulness springs from the manner in which this incident has caused me to rethink my errant financial ways. I noticed that whereas I personally attend to your telephone calls and letters, when I try to contact you, I am confronted by the impersonal, overcharging, pre-recorded, faceless entity which your bank has become. From now on, I, like you, choose only to deal with a flesh-and-blood person.

My mortgage and loan payments will therefore and hereafter no longer be automatic, but will arrive at your bank by cheque, addressed personally and confidentially to an employee at your bank whom you must nominate. Be aware that it is an offence under the Postal Act for any other person to open such an envelope. Please find attached an Application Contact Status which I require your chosen employee to complete. I am sorry it runs to eight pages, but in order that I know as much about him or her as your bank knows about me, there is no alternative. Please note that all copies of his or her medical history must be countersigned by a Solicitor, and the mandatory details of his/her financial situation (income, debts,assets and liabilities) must be accompanied by documented proof.

In due course, I will issue your employee with PIN number which he/she must quote in dealings with me. I regret that it cannot be shorter than 28 digits but, again, I have modelled it on the number of button presses required of me to access my account balance on your phone bank service.

As they say, imitation is the sincerest form of flattery.

Let me level the playing field even further. When you call me, press the buttons as follows:

1 - To make an appointment to see me.

2 - To query a missing payment.

3 - To transfer the call to my living room in case I am there.

4 - To transfer the call to my bedroom in case I am sleeping.

5 - To transfer the call to my toilet in case I am attending to nature.

6 - To transfer the call to my mobile phone if I am not at home.

7 - To leave a message on my computer (a password to access my computer is required. A password will be communicated to you at a later date to the Authorized Contact.)

8 - To return to the main menu and to listen to options 1 through to 8.

9 - To make a general complaint or inquiry, the contact will then be put on hold, pending the attention of my automated answering service. While this may, on occasion, involve a lengthy wait, uplifting music will play for the duration of the call.

Regrettably, but again following your example, I must also levy an

establishment fee to cover the setting up of this new arrangement.

May I wish you a happy, if ever so slightly less prosperous, New Year.

Your Humble Client

(Remember: This was written by a 98 year old woman; DOESN'T SHE MAKE YOU PROUD??!)

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She might be 98, but she still has all her facultiesthinking-023.GIF, & she is a very clever lady. I love that letter, it's a corker. Reading it, it seems that she's managed to turn the tables on the banksarcasm.gif. Brilliant letter.

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Spoof or not, I love it lol.

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