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myster

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Everything posted by myster

  1. Hi, Apologies if this is not in the right section I did try looking and have ended up posting it here. I have been associated with a name and have been using this name on a public scale. Now recently someone has patented the name and lodged a complaint to trading standards who have seized all my goods. I am challenging the patent on the terms of 'passing off' and creating a file. The IPO have said that it could be up to 8 months until a decision is made on the outcome of my complaint. Does anyone know whether trading standards can release my goods before this if I serve enough info to prove my common law rights to the name? The lady dealing with the case at trading standards seems in no rush and states that she may make her decision based on the decision of the IPO. In the meantime im loosing money and recognition as a business. As for trademark attorneys, I cant afford one as the costs are too much for me to afford. Any advice is much appreciated. Thanks Mojo
  2. Hi Guys, Cant believe I made such a stupid mistake, now im paying for it. I recently sold my car, the buyer attended my house and whilst looking at all paperwork I took all the money from him and then started to handwrite 2 reciepts (printer is broken). On the reciept I stated the time and date of sale, type of vehicle, colour, reg mark and the fact the one and only key along with papers and service history were handed over. After he drove off I realised I didnt even sign and date the V5, I know its stupid. I called the buyer half an hour later (still have call log on my phone) to tell him that Id left it. He told me hed drop it back off to me the next day and seemed genuine. He didnt turn up, I went to his address and there was no answer and no car on 2 occasions. I decided to call DVLA today tell them this and to see if they have recieved any V5 after work but the office was closed by the time I got back. 10 minutes later my wife tells me there is a letter for me, it was a NIP, Gatso activated at 20:14 on the same day. My hand written reciept says time of sale is 19:50 hrs. Im worried hes signed and dated it and put the next day on in which case i'll be stuck with points and a fine. Im going to be honest and call DVLA tomorrow and tell them what mistake I made and I even have neighbours who saw the couple arrive and her husband buy it from me who can vouch for time. Any advice guys?
  3. Hi guys, A friend of mine contacted me asking for some advice, but am still scratching me head! Can anyone help answer this one.... Mrs X has a registered vehicle kept on the road - legally parked. The vehcile has tax, mot and insurance. Mrs X's vehicle gets stolen and she reports it to the police. All of her docs are in order until she checks her drivers licence which has expired a while back (so long ago its the paper licence). Would her claim get thrown out and the insurance refuse to pay? She holds a provisional licence by the way and never drives without a supervised full licence holder with her 'L' plates. As she was not driving but was the last one to park the car and the vehcile's stolen, would her expired provisional pose any threat to her claim being thrown out? Thanks
  4. Hi, In 2005 I took out a 20k unsecured business loan. in 2007 the business failed. Im left with debt and bad credit history for making the wrong decision in setting up this business in the wrong location and now im living with the effects of adverse credit rating. I have been paying what I can per month through a debt collection agency on a monthly basis. Now its come to a point after 4 years that I dont think I will ever clear this amount. If I were to take the option of bankruptcy, I have been told that this will effect my credit for life and although it says it will clear after so many years it will still always appear on credit checks, does anyone know if this is true? Also im living with my partner, she believes that her name will get dragged into any bankruptcy as we have been living togeather since the business failed and that the courts will delve into our financial history as a couple as we have had working tax credits being paid to us, not sure on this either? With a family its a struggle for us to get through with no chance of us paying anything off. Some people have said I should have gone bankrupt straight after the business failed, however I felt I needed to try and pay this off and avoid this option - hence the delay in time. Can anyone give me any pointers as to the above? Is there any legal option of me getting this debt written off.
  5. Hi, I am due to put in an endowment policy claim and a mortgage claim. The solicitor is charging £895 for a mortgage claim (for interest rate through broker) + 25% of the claim that is awarded. With the endowment policy its £495 + 25% of the claim that is awarded, any advice on what solicitors/claim firm are worth using? Is this expensive or reasonable in terms of charges? I dont know who use, any advice based on experience from other CAG users? I apoligise mods if this thread is in the wrong place or if I didnt find anything in previous posts as I did search! thanks. Cheers Moh
  6. She has never lived at the address. I spoke to the solicitors today and explained to them that approx a year and a half ago I offered to pay half her debt (50%) as a full and final offer to settle the a/c. The debt collection agency at the time agreed but said they would not put it in writing. I then was weiry of paying it as thet could have still chased the remainder. Ever since then they have been sending me her post at my address. Ive binned everything that has ever come and never sent it back. I explained this to the solicitors and then further said that I would write to the courts explaining this is the case that she has never lived at my address. She then went on to say that they will retarct the court hearing? Not sure if they will continue with a CCJ. Do you think this is likely?
  7. Hi, Can a creditor class a notice of default as being 'served' if they didnt send it to correct address? Can a court claim form notice be sent to incorrect address and the creditor make a CCJ against a person if they have no knowledge of the letters they have been sending for the past year and a half? Im not sure if the law has any rules regarding the address of the person who they are trying to trace as having to be correct. Thanks
  8. I will do the scanning by tonight. My other half deosnt live with me. All the previous debt letters that this company has been sending and the other agencies for the past year and a half have never been given to her. As she has never lived at the address they have served the previous letters and this claim, is it a case that they cant serve a court claim on her as the address is not right? Kind Regards
  9. Today my other half recieved a 'claim form' The claimants are 'equidebt limited' The forms seem a bit dodgey as the stamp is printed and not a proper stamp for the court. Also the signiture for the claimants solicitor at the bottom of the page is printed name and not properly signed. Upon opening the letter the letter there are 4 papers. The first is titled claim form with details of claimant, defendant, court details, claim number, court costs, solicitors fees and a printed barcode at the bottom. The second page is titled 'resonse pack'. this goes into details of whether you defend all the claim, intend to defend partial claim, intend to contest jurisdiction. The tird page is a continuation asking for details of above questions, personal details, dependents, employment, bank a/c savings, residence, income/expendature, priority debts, court orders, credit debts, offer of payment. The fourth page is titled 'Defence and Counterclaim' She has 14days of date of letter to reply and send back forms. Any help/suggestions? All help is appreciated. Myster
  10. nice one i will do. i have just read that they are breaching certain laws. this one is for oft. anyone know what this thing about having a loan before april 2007 is about?
  11. Hi Hope everyone is well. I was called by a lady called lisa from cancel your loan ltd (link removed) . She said that if I had any loans/credit card debts taken before april 2007 they can cancel it and clear it for a charge of £295 per application... hmmmmm a bit pricey for some one in major debt! Do these companies (if they are legit) use a specific method that we have access to, to do ourselves? All help/advice will be appreciated. Kind Regards Moh
  12. how comes their are all sorts of templates on this site? is that for people who have already initiated contact with the company? kind regards & thanks for the replies.
  13. It was a shopping retail park I parked in. It is a private parking ticket issued by a company called opc. Only thing is if I ignore it, will they get my details from dvla and take me to a county court? thanks for your reply
  14. Hi Peeps, need some help on this one please. Today me and my family went out shopping, and in a rush to park I ended up parking by accoident in a disable spot. Silly mistake, but easily done as all the bays except this one on the end was disable, so looking at the other bays I parked into it. (there was no little blue disable sign, however a print on the floor is present) After a while I returned to a nasty yellow sticky envelope. I then realised it was a disable bay and thought 'silly me i'll just pay it'.... until i saw that the sum of £100 is payable and will be reduced to £50 if paid within 14 days!! This is too much for me to afford and am a bit upset. You can understand £25 or so, but this amount is ridicilous. Further more, the bay has no warning of a fixed penalty offence if breached. I drove around and saw a OPC notice sign as you enter the car park and their are other signs around the car park, but they are printed very small. I will picture the sign and post it in the next day or so. Not sure what I should do and whether they will say the sign prior to entering states you agree to conditions of parking. Any help will be great.
  15. whats the best way to get some results without me paying a solicitor is their letter templates, laws/acts? or will the environmental health services (if they still exist) deal with it?
  16. Hi everyone, hope I can get some help on this one.... here it goes..... My neighbours privately rent a property from so called Mr Dodgey Singh. I have problems with the following two things: 1) My neighbour has loads of rubbish by her back door which makes it difficult (not totally obstructive) to get my bin in/out of back garden gate. 2) The fence is all broken in the garden, and the deeds show that the fact that my neighbours are responsible for this particular fence. However we did initially pay for the fence and charges for it to be put up years ago, but now have thought we are not going to pay for all the fencing again and charges again, especially when they don't appreciate that we as a good will gesture put it up. Alot of the damage is due to the fact that our neighbours have a lot of overgrown weed/shrubs and they have a dog that likes damaging the fence. What would you do If you were me?:-? Is the landlord responsible or the tenant, because the tenant is saying the landlord is responsible and that he is not listening, and when I speak to the landlord he is saying that she is responsible as she is now occupying the premises. Is there any letter templates stating relevent acts that I can use? All help will be much appreciated. Myster
  17. thanks for your reply & info, who would be the credit refernce agency?
  18. I took out two mobile phone contracts on 2005/6 with Orange. I kept one of the contracts and the other i gave to my sister. My sister had one of the contracts (which i took out for her on my name), I wanted to send the bills for this particular phone contract to her address and not mine. Orange told me that in order to do this I would have to clear some arrears which were present on account. They stated that this was part of their policy and were unable to seperate the contracs unless the account was clear. I therefore cleared the account and cleared all of the arrears. In light of this the accounts were then seperated. I continued the contract for a few months before deciding to by myself out of both phone contracts (I paid the remainder of the term of contracts line rental). I then made sure that nothing was outstanding and that the contract was terminated. This appeared to be the case and this was the end of any bills, leters, correspondace from orange. Recently over a year later I tried to take out a credit card and was declined on the grounds that a 'Default' was on my credit history stating that money was owed to orange of the sum of £184.00. I called orange to hear that all was clear and no contract existed. I then asked customer services to call their credit control dept and to remove the default against my name. After ages on hold I was told that there was money outstanding. I then questioned orange as to what the charges were for and the customer service rep stated that she could not provide me with what the charges were for, or any proof/bill at all. I then questioned her and: 1) If money was outstanding the contract would not have split at first. 2) If money was outstanding the contracts would not have been terminated I have called orange on a number of occasions and on each of the different occasions I have been told that my account is in the clear. I have been told that if any arrears were pesent then the a/c would have been passed onto a default collection company which is not the case as the customer service reps state. I have requested written conformation of this and they stated that they cannot write out and that I would have to write in to request this. I have sent a letter via recored delivery to orange asking confirmation of a cleared account. Its been a while and no reply has been sent at all. I am now stuck with a default on my name and dont know what to do. Ladies and Gents, please throw your advice at me on what I should do next. Thank
  19. we signed, but he told me to send it off and didnt send it himself. so ive got the v5 all signed, just never got round to sending it off, which i should have done. the loading bay was on a public road.
  20. the ticket has apcoa written on the top, this must be some company on behalf of council. do they have the power to get registered keepers details from dvla? the car was bought a month ago and i havent got round to registering it on my name yet. I can scan the ticket, scanner not working. I dont know what to do, times running out now. How shall i appeal on what grounds? the stomach problem or the colour of the vehicle not being right? or both? Got until tomorrow to submit letter, going to hand it in at council and get a stamped date reciept!
  21. Any letter templates here on this forum in relation to my situation to help me? or doesn anyone have any that they could mail me? Cheers people, really appreciate all the feedback
  22. Is there any letter template available for me to follow, maybe a link? The time is correct, date is correct, location is correct, it gives me the attendant number and a contravention code of 25. Also grean and mean mentioned: "The yellow lines remove the need for times as it is loading only 24 hrs 7 days a week" On the ticket it says: ....parking attendant wv107 who had reasonable cause to believe that the following parking contravention had occured: parked in a loading place during restricted hours without loading. Is the offence right? or should there be another ofence as there are no times and the loading bay restriction is 24/7?
  23. Hi, thanks for the replies. The colour they have of my car is orange instead of yellow, It is a council issue ticket (red jacket wardens) What do you guys reckon? Also, if my appeal is unsuccessful, do I have to pay the full amount or can i still get a reduction within 14 days? Im not sure if appealing over-rides the chance of me paying half the cost with 14 days of notice. Cheers guys
  24. Hi all people of the forum. Any help/advice on this one will be appreciated. I recieved a PCN for parking in a loading bay on sunday just gone (02/12/2007). I parked their whilst experiencing pains in my abdomen and had the need to visit the loo. There was a massive que for the town centre car park and all pay & display slots were full. If i drove any longer, i felt that there would have been an accidnet as I couldnt drive with the pains. The nearest place, safest and without causing anyone problems/blocking anyone(considering the stores by the loading bays were closed and it was a sunday) I parked in the loading bay. Cut the story short after i returned feeling a stone lighter (he he), i had a ticket on my screen. The loading bay has no times/days stated, only has the loading sign with a lorry picture, and double yellow lines. My PCN reg for vehicle is rite, the colour is meant to be yellow but says orange & the vehcile make only says make (renault) and does not say model. However the chimps normally photograph the car. Is it worth me appealing on the grounds that I was not in a fit state to drive and thats why I parked up and after feeling better returned to vehicle? Or is it worth mentioning the PCN vehcile colour error and the model not being recorded - not sure if these are valid points as they photograph the car? Please let me know, cheers.
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