Just a quick update. Decided to fight the case. Asked my solicitor whi is a road traffic law specialist to grill the police on why they havent appeared in court on last 2 summons. The policemen claimed the first time one had been on annual leave and the second on annual leave for second court date. My solicitor then ripped them apart by asking if they brought any official documentation to confirm this which they didnt. Also he grilled them about the night of the unjust charge. He made the judge aware of the intimidation and unethical procedures on the night in question. Also he made it clear to the judge that the police officer in question made every attempt to make the procedure as long and troblesome for me as he possibly could. The judge then berated the officers in question for being unreasonable, aggressive and using bullying tactics, also explaining that the actions of the 2 officers on that night if repeated or a regular occurance is likely to be a key factor in the increasing mistrust and alienation of the young in relation to police. Expensive but the money was not what i was worried about, to me my day in court was a result and the red faces of the police officers was worth it.

Hi again, Just had a call on Jan 25th 08 from MacHall after the last recieved call on 16th Dec 07. On the last call I made it clear that I was feeling harrassed by the constant phone calls (upto 3 or 4 times a day) and that I expected no more phone calls and all communication should be in writting otherwise they would be placing themselves in a position I could have them charged under the relevent acts which i had noted at time. Anyways "Alan" (must get his second name so i can approach the police) asked if i had recieved the copy of the CCagreement he posted me, to which I replied "no i've recieved something but its not the CCA and if thats what was supposed to be the CCA then its invalid" as I explained to him as he very well knows since he is a "trained expert" he would be aware that a CCA should have both my signature and the original creditors signature and the slip he posted me was not an executed CCA. I could almost hear his brain trying to grasp what i had told him but not being able to think of anything he checked out the "apparent" CCA he had in his file and was perplexed lol. I told him that this is not a CCA. 5 Mins after that call he called back and said he would get back in touch with the original cred and get the CCA. Strange thing is the "expert" didnt realise that what he had in his hands was supposed to be the CCA and was just not executed properly from the Creditors side. He will now go and waste time effort trying to get a CCA which is impossible as there was only 1 CCA signed by me and it so happens nobody counter signed it or dated it on behalf of the original creditor. What a bunch of "experts" they are

Hi folks, I have been reading through the parking forums and everyone seems to refer to Parking Wardens or Private Car Park Companies. My Situation arises with the police on this matter. One day I was asked to travel to Glasgow to collect a work collegue and as im unsure of my route was relying on Sat Nav for directions. As I neared my location the Sat Nav told me I had reached my destination so Checking there was no cars behind me I slowed to around 5mph to look for a space to park. As it happens the location I was looking for was at a pelican crossing. While travelling slowly looking for a parking spot on a V.busy road my passenger pointed out 2 police officers running towards me and pointing at the car. Naturaly I stopped while still atleast 4 foot away from the roadside. Looking around at my surrounding realising this was a busy road I put my car into reverse to move to a safer location. Before I had a chance to reverse the policemen was knocking on my window. He asked me to turn around and come park in a "proper" car parking space to which i courtiously replied "no problem officer" when suddenly the second PC who was the senior as i was to find out later barked rudely "You better not drive off I have your registration number", a little confused at his attitude I simply replied "Im not going to drive away im legal on the car". I did as instructed. Once Parked the senior officer said he was going to issue me with a 3 point penelty ticket and a fine. When i asked what for he told me for parking on a Pelican crossing because his orders were to ticket everyone who stops on that spot. Not wishing to sound like a tit trying to be arrogant I pleaded with the officer as nicely as I could that my licence already has 10 points on it and 3 more would mean a ban. He was extremely unsympathetic rude and very aggressive. He then proceeded to do a "radio" check to make sure I was insured, then how many points I have on my licence and that the car did not require MOT because it was only 3 months old. Also I was asked to show him someway of identifying myself such as a tatoo at which point I showed him my birth mark. His junior partner looked physically embarrassed at his attitude thoughout. I then explained to him that actually I wasnt parking and had simply slowed to look for a space, was still travelling slowly and was atleast 4ft from the kerb (its a wide road). His response to me was "so your gonna try and get out of it on a technicality are you" to which I responded politely "its hardly a technicality when your issuing me a ticket for parking when i wasnt parked" He then smiled at me and told me that I had 2 choices 1) take his ticket and pay it or 2) goto court and get a larger fine and longer ban Im not a complete mug and I told him that I would have to take it to court as his actions were unfair. I had asked him to retain any video evidence to which he told me there was none. Now I have been to court twice since (85 mile round trip and a day off work each time) , the first time to enter my plea of not guilty and the second to fight the conviction. On the second occasion the Officers never appeared at court even when summoned (if this was me i would have a warrent issued for my arrest). Now for the 3rd time im having to goto court to refute this charge and who knows if the officer will appear. I have had to pay my solicitor a fee of £1750 + £50 in Fuel each time I attend. Can I reclaim this money if I win the case? or lose and whats the procedure for this? How likely is it I will win? My solicitor wants me to go for a reduced points penelty but I never did anything wrong and dont want to be punished unjustly by some over zealous officer having a bad day. Can anyone offer any advice?

I wonder if this is useful : Enterprise Bill - continued House of Lords Clause 206: Domestic Infringements 480. Clause 206(2)(e) includes within the definition of a domestic infringement things done or omitted to be done where an enactment creates a sanction of unenforceability. Subsection (2)(e) is particularly relevant in relation to the Consumer Credit Act 1974. A large number of 'requirements' of the Consumer Credit Act 1974 have as their sanction the unenforceability (against the debtor or hirer) of the consumer credit agreement or of the security of the agreement, or of rights under them. An example is requirements in relation to the form, content and signature of agreements in sections 60 and 61, and the duty to supply copies of the agreement and notice of the right to cancel in sections 62 to 64. In these cases, the court can allow the agreement to be enforced except in cases set out in sections 127(3) and (4) (e.g. unsigned agreements or where notice of the right to cancel is not given as required). 482. Clause 206(2)(f) includes within the definition of a domestic infringement any act or omission by which a person purports or attempts to exercise any right relating to his supply of goods or services when legislation restricts or excludes him from doing so in the relevant circumstances. Subsection (2)(f) will include, for example, the creditor who seeks to enforce a term of a regulated credit agreement when he has failed to comply with a statutory pre-condition for enforcement, such as the requirement to give the debtor or hirer seven days' notice of his intention to do so under section 76 of the Consumer Credit Act 1974. It would also cover cases where a creditor recovers possession of protected hire-purchase goods without a court order, as required by section 90 of the Consumer Credit Act 1974 and the business which claims money or the return of goods under a contract which is unenforceable. 483. A person who demands or accepts payments of sums when legislation relieves the payee of liability for them would also be exercising a right within subsection (2)(f). An example is section 93 of the Consumer Credit Act 1974, which provides that a debtor under a consumer credit agreement is not liable to pay increased interest when he is in default.

I have been sent a copy of a CCA which is signed by myself and not the creditors. Your conclusion is that this maybe enforcable then?

Since the credit agreement is not signed by the Creditor then this means the agreement is invalid? Can this be confirmed please?

Also can someone please tell me where i can get a copy of the letter to send to make an official request to MacHall. If nobody from the original agreement signed it there is the possibility its not valid? Also It looks as tho they have contacted the original creditor for a copy to be posted directly to me albiet 15 days or so late. So if i send off a letter with the prescribed fee of £1 im assuming they still wont have the agreement in there files and would again have to ask them to post it. Which hopefully will be late too. Any other advice or warning would be helpful.

Tbh its unlike me to not pay a debt which i might or might not owe but the MacHall people have mistreated me and my family members so rudely and agressively ( inc my mother and wife ) that im just so annoyed with them. If somebody spoke to me or my family like that face to face I can guarantee there would be some pain on there part.

Details of agreement posted to me. it says at the top :Credit agreement regulated by Consumer Cred act 1974 I have signed it however in the box where it says :signed on behalf of Student Loans Company, they FAILED to sign or date it. It shows terms and conditions such as ammount and APR and a Direct debit mandate at the bottom with an old bank account i once had 10 odd yrs ago. Tbh the copy they posted me is barely legible especially the side with Account info such as repayments and one section in particular which starts off as " The applicable regulations provide" "and then it mentions defferments but what about it i dont know.

btw is it at all possible to get one of my messages posted without being to heavily censored (edited). Even if its just his one:p

What say has the original creditor over a debt which they sold onto another party? im guessing none. Was this just another deceptive tactic used?>

Gizmo when you say a few days late, do you mean almost 3 times the statutory limit provided by law or just genrally a few days late? a few days late to me would mean maybe 2 or 3 days past the time limit. If you were to ignore the fact i made my request via Tele what would your advice be then? I am not trying to be a "rogue" with Mhall. On first contact they could not tell me who the debt was originaly contracted with. Then when I agreed to pay them even without them having said knowledge the "gentlemen" on the phone told me I had 7 days to clear the debt or it WILL go to court. I asked them if they will accept monthly payments as im on low income and cannot afford to pay in one payment at such short notice. His answer was a definate NO. I told him im willing to pay but i need them to be more accomodating of my circumstances. I offered them a lump sum which i could afford (over a 1/4 of the monies owed) and then monthly payments there after. NO was the "gentlemens" answer. At which point i explained to the phone operator that what he is asking is impossible. He said something along the lines of "see you in court then" and ended his call abrubtly. During this phone call i was mild mannered and accomodating as i could be even though the arrogance and agression on his part was completely unacceptable. 1 week later i recieved my second call to my home phone number. I was not home and my wife picked up the phone exlaining im at work, he asked for my work number and from that day forward for approx a month i recieved about 3 or 4 calls per day at my work, home and eventually on my mobile none of which were pleasent. Anyways on the second call I talked to someone else who the "took over my file" as i had no wish in dealing with mr white anymore. I explained my conversation during the previous call and this person was demanding the same but was willing to give me an extra week to raise the funds. Now like i explained before and as i explained to Mhall agent that im on low income, married with a 2yr old child and Christmas was not far away. Even the money I put aside for xmas would not cover half the full amount. On the 3rd phone call I recieved i finally got them to agree to a lump sum and then a monthly payment plan. Which i agreed to and arranged the lump sum payment as promt as i could. It phoned them paid the lump sum and then the same gentlemen who said "yes" to a monthly plan after the initial payment which tbh was much more than i could afford anyways then told me he would have to contact the original creditor and see if it was acceptable for the monthly plan. I explained to him i made the initial payment believing I had secured a deal. He said he would get back to me. Next day i get a call from him telling me the original creditor said "no" and unless i paid another lump of similar amounts to the one i could barely afford its court for me. At this point I was getting frustrated and tbh angry. So I told the man on the phone from Mhall that I would need to seek advice. He told me i was wasting my time and was just making things worse for myself. I asked him to post me all my personal information they hold on me to which he agreed but never followed up on. Daily 3 or 4 calls came and i read online on another forum site that I could ask him to stop phoning me and he should only contact me via post. "We can call you when we like" was his response to which i retorted "fine but i will place charges". After 5 mins or so of me telling him no more calls he finaly hung up after a little abuse from him, which i took on the chin and simply explained to him he was working for a mickey mouse company who used immoral tactics to screw people out of money" this upset him a lot. Also during our phone calls he kept telling me the original person i spoke to was the boss and he wanted my account paid. Turns out the original person i spoke to was just another telephone operator working for Mhall. I refrain from calling them consultants because it seems they are unaware of there obligations or just care about them.

Well in my situation I asked for the Signed copy of agreement via telephone on the 14th of December of a debt from 1995 as i just read today. The agreement arrived via mail today (Jan 16th) in a plain envelope with my name and address handwritten and no return address on back. The post date on the envelope is 14th Jan exactly 1 month after i asked for it. Inside the agreement arrived with a compliment slip and no dates. Does this mean that im not obliged to pay them even though i stupidly made an initial payment of £300 approx before i asked for the agreement.? Im not expecting to get any monies back from them however,

Just so i have a remote chance of following this thread properly, what is a ppi? sounds like a dumb question to me but i have to ask

Can you please clarify the part about the statutory law providing the creditor to provide a signed copy of the agreement. Such as what happens if they fail to provide you with the signed copy? Or if the signed copy arrives after the 12 days Is there any reason the 12 statutory days can be extended?