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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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Find out here if your local court is staying claims


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Quick update on welspool court, the DJ's at this court have now decided to stay all cases pending the High Court decision,although given the proximity of my particular hearing (30/8/07),DJ Reeves has allowed it to stay on the list. WG.

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just talked to the clerk at the court all cases in Scarborough are now being automatically stayed pending the test case outcome. I asked why when other courts are carrying on and she said that was the decision of our District Judge and we would here from him in due course. Not good news....

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

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macushlamoon

 

"Horsham court is staying all claims.... my in-laws were due to go on the 10th their case has been stayed untill at least March... according to the court clerk :sad:"

 

 

My case has also been stayed

HSBC (£3722.80) MCOL Filed 12th June 07

transfered to Horsham County Court AQ dispensed with but fee still payable. AQ fee payed and added to claim. Case allocated to small claims track - due to be heard 30th August 07 - 2nd Nudge to DG sent (04/08/07)

Virgin Media (Complete Incompetance and refund of bank charges) - Letter to MD Customer Care - sent 24th May 2007 - resolved, refunded and 9 months free TV

 

British Credit Trust - VT to be started

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See my post of today's date....stay lifted this morning!!

Regards

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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I was at Newport (Gwent) County Court today to file an AQ.

 

There is now a blanket stay in place, and the staff didn't like being told that the Master of the Rolls had not given such authority to District Judges.

 

Noone in the office has a clue about credit cards or other claims that are outside the remit of the test case.

 

They took my £100 of course!

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Birmingham County Court

 

The claim is stayed until further order with a view to awaiting the decision in the test case. Either party my apply at any time by application on notice in accordance with CPR23, to lift the stay. If there is no such application by 30th September 2008, the court will in any event then consider whether to make a further order.

 

So Birmingham are expecting it to last at least a year :evil:

 

pete

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CAG estimated unlawful charges to total 4.5 billion pounds per year. Over 6 years this would come to 27 billion pounds. When charges are ruled in High Court as unlawful where they exceeded a certain £ value, there appears no clarity, if all reclaims would then be met by banks on itemised demand, or even if banks should organise their IT to repay the unlawful portion of ALL charges to ALL customers without the need for reclaim.

 

If the total reclaimable were 27 billion pounds,

 

if nationwide reclaims have netted say 50 million pounds (16 million pounds reported won by CAG winners),

 

assuming the final refund would be half or two-thirds or three-quarters of the original charge (not the 100% refunds up to now), then banks and cards can look forward to paying out over 100 times more than they have repaid to date -- a staggering sum.

 

With so much as stake, possibly the survival of the smaller credit cards, it would not be surprising if they appeal the High Court verdict all the way to the House of Lords, even to the EU Court if they can.

 

Happy are they who have already been repaid.

 

 

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BEING SO CHEERFUL MUST KEEP THIS PERSON GOING...!!!..:???: REMEMBER IT'S YOUR MONEY YOU ARE CLAIMING - DON'T BE PUT OFF BY ANYONE.:cool:

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Birkenhead County Court

 

 

I had my court date on 17th August at Birkenhead. I think there were about 20 or so other people there waiting to be seen and we were all being called in one by one.

 

From what I can gather, all cases were being stayed by the Judge, but I was lucky - the Abbey Rep for my case hadn't turned up (although there was an Abbey Rep there, I wasn't on her list!) and so the Judge found in my favour! :D Abbey have to pay me by the 7th Sept - I'm just hoping they don't try any tricks to get out of it.

 

I noticed that out of all the 'Bank Charges' people waiting to be seen, I could only see one other person carrying anything that looked like a 'court bundle', most people had nothing with them, and the Judge commented on how well put together mine was (thanks to this website and Martin Lewis' for all the info needed), so I'm wondering if people are getting themselves as well prepared as they should be?

 

Also, it seemed that a few people hadn't turned up - you really do need to go to your court case once you get a date, you just might get lucky like me and find your 'opposition' doesn't turn up for some reason!

 

Good luck to everyone else!

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Manchester County Court (Crown Square) has said that it is staying ALL bank charges cases.

 

It may be best for one to call the Court and ask for Case Management Section and ask regarding whether bank charges cases are being stayed.

 

To the best of my knowledge A&L are not covered by the FSA waiver, but they are still staying claims against A&L.

 

Crown Square & Deansgate have the same Judges as far as I am aware, so I believe that claims in Deansgate will also be stayed.

 

They are also apparently staying claims for credit card charges and MEAF's.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Spoke to Newport (Isle of Wight) this morning, NO stays in place YET, carry on till I hear otherwise!

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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Tunbridge Wells County Court

 

Stayed my claim against HSBC on 10th August 'pending the final decision in the test case between OFT v Abbey National and others, or further order of the court'.

 

I am debating whether or not to apply for the stay to be lifted. I am unable to prove any hardship, although the claim is for 1,900 and rising.

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