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sinon

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Everything posted by sinon

  1. have a look at a thread further down this page, titled " Cancellation Charges".
  2. Hi, my local council doesn't have DPE, please can you tell me what SoS is?
  3. Hi All, like many before me I suspect, I've just read your thread back to front. Despite reading the FAQs and other threads, there are a few answers I am unable to find. Last November, I was misfortunate enough to receive the attention of a local council employed parking attendant. I had many concerns about his actions, mainly stemming from the fact that he wouldn't let me drive away until he had finished writing his ticket, telling me I was the one parked illegally and local residents had the right to be protected against people like me! ( I had only pulled up to hand deliver a letter, hence the reason he didn't have time to write the ticket). My local council has not yet satisfied criteria to operate a decriminalised system, so only controls certain parking ( residents, tradesmens, pay meters, etc, but not double yellows etc). The attendent gave me a notice which states xxxx borough council road traffic regulation act 1984 to the registered keeper of vehicle registration no xxxx in respect of which the following parking offence appears to have been committed no disc displayed vehicle details xxxx time 12.25 pursuant to section 112 of the above act you are required to state in writing within 14 days the identity and address of the driver of the above vehicle on this occassion. Failure to comply with this notice is an offence punishable by a fine of up to £1000 The council agreed to take no further action on reading my circumstances, however I do not understand how they can give a request for more information, but not a parking ticket. Also, because they are operating under 1984 Act can they refer to an offence being committed? Finally, after reading the Residents Priority Parking Order which they operate the scheme under, they have not updated their charges detailed in the order, despite numerous increases ( now more than double their introduction price in 2001) . Can they apply these new charges for permits, even though they don't have them accurately stated in the Parking Order? Any help to understand this will be very appreciated, as I'm not sure if things change due to working under the 1984 RTRA Regards, Simon
  4. I am currently claiming against Lloyds TSB. I have arrears on my mortgage and loan, and am currently on an agreed payment plan. After an agreed period,(10 weeks to go), of regular,on time payments, the arrears are to be consolidated on my mortgage and my loan restructured at an affordable rate. Can any monies awarded from a claim be diverted to reducing my attears? Is it possible/advisable to exercise right of appropriation? Any advice or guidance will be most appreciated. Thanks, Sinon.
  5. I applied for a warrant of execution on 2nd Jan. It was served on 8th Jan . Seven days is up today. I phoned the bailiffe today to ask of progress. He said he had dealt with more than 40 warrants on TSB. He was going to phone them on my behalf today, as they still hadn't replied. Will let you know tomorrow if I hear any progress. I agree this is certainly not a preferred route, but TSB have been so obstructive, I felt I had no alternative.
  6. Hi All, today I cancelled a holiday I booked last year. Change in financial circumstances making it unavoidable. Thankfully I cancelled more than 56 days before flying, so only incur the lowest charge, but still £130 per person, £520 in total. Would it be reasonable to write and ask how they calculate their charges? I don't mind paying, but do like to know what I am paying for. Regards, Simon.
  7. Freshly inspired by your posts, I phoned SC&M today. Now I'm wondering why I bothered!! They did not want to help at all. Never mind , back to plan A, play the waiting game. Victory will be sweeter anyway. One thing I will say:"Dont let em grind you down". They seem determined to try.
  8. I am in a very similar position. TSB didn't reply to court papers. I got judgement by default. They haven't replied to that either (Nov 2006). Today I have paid £55 to courts to issue a warrant of execution. Now playing a waiting game. I have checked correct address for serving the papers. Despite everything correct, TSB say they havent received any correspondence. The courts say that if the letter isnt returned to them it is deemed "good service" and thus delivered. My concerns are that TSB are simply using the courts to delay the process. I hadn't considered contacting SC&M , do you think it is a good idea? I have, however, contacted TSB many times, I really feel there is nothing left to say between us. Never have I experienced such obstruction, bias and dishonesty.
  9. I experienced similar a few months ago. Whilst I don't object to the timescale, I got no advance notice because I paid by direct debit. They restricted my service on a Saturday evening, and couldn't resolve matters until Monday morning. Whilst their reconnection charges are not high, I was concerned that they refused to give me a breakdown of their charges, despite 3 members of staff telling me they were a penalty charge,
  10. Hi Delboy, it doesn't matter if the account is closed or not. Your arguement remains the same, the charges applied were unfair. Open or closed has no relevence to the claim you make. I believe you can only get info under the DPA for 6 years, so this dictates the timescale somewhat. Take time to read the forums, people are testing the possibility of going further back, but I think at present it is in early stages. Inform yourself through the forum & FAQs, then go get em!! Regards, Simon.
  11. So, if I am reading 27.11(4)(b) correctly the hearing can take place at the same time as the judge is setting aside. I need to hopefully counter them requesting a stay on proceedings if this is possible. Presently I am unable to find the relevent text to decide this. Sorry to be a pain, but can you direct me please? Also, 27.11(3)(a) states they must have a good reason for not attending the original hearing. Does TSB saying they didn't receive it constitute a good reason? Or, as discussed earlier can it be deemed good service and thus delivered as it wasn't returned undelivered to the court? 27.11(3)(b) states they must have reasonable chance of success. Given their apparent reluctance to go to court previously, can I argue that they don't have a realistic chance?
  12. Thanks Michael, it's a bit early but I'm going to have a read!
  13. Hi everyone, thanks for your (very informative)posts. Michael, please can you tell me where you are quoting from so I can loook at the full text. Thanks, Simon.
  14. Hi, once the judgemrnt has been received, I am wanting to know if I can move to claim goods/payment before they have chance to reply asking for judgement to be set aside. Thanks, Simon
  15. Hi all, I recently submitted a claim for charges to Lloyds TSB through the County Court. The 14 days to acknowledge has lapsed, and TSB have not replied. I gave them a courtesy call and they say they have not received it. Took my request for judgement in today and explained my circumstances. The chap (very helpful & knowledgeable) told me that the court does not accept not receiving it as a reasonable excuse. If the letter is not returned to them, it is deemed as good service and thus delivered. He tells me that once judgement is made I can begin attempting to recover any monies awarded (bailiffes). Is his advice jumping the gun? (I know they will apply for it to be set aside) Any advice or similar experiences would be most helpful.
  16. Hi Tracie I'm going down today to file for judgement. Been told by the courts its done the same day! Can't help thinking there's a trick up their sleeve somewhere though. Keep me posted on your progress, and good luck. Simon
  17. Hi all, I recently filed my claim against TSB at my local court. It was sent on 12th October, and deemed to have been served on 15th October. Last day to reply being 30th October. The Court advise me they have received no reply. I phoned TSB Colmore Row as a courtesy call to ask their position,(I just couldn't believe they had ignored it). They tell me today that they have never received it!! My 11 year old son could have written the script. My question is; has anyone else experienced this from TSB? It just appears to be another stalling tactic. Sadly, it doesn't surprise me, from my 1st call/letter to my last, Tsb have been consistently obstructive/rude/evasive/dismissive/inefficient/unhelpful someone please stop me I could go on for ever!! One point I was told today however: The legal team aim to drag out claims at least 75 days. Fortunately I'm not in a rush. Any similar lost/not received form experiences please let me know, I am trying to build a picture of how many times this has happened , hopefully stop it happening again.
  18. Last Friday I took my completed N1 form claiming the unauthorised borrowing rate and charges from TSB. I used a template letter requesting "interest at 29.8% or at the rate the court deems just". This I thought was covering me in case the higher amount was rejected. The clerk explained that I could not put an exact value on my claim because I was entering two requests ( 29.8% or 8%), therefore the claim had to be submitted as "amount unspecified". The potential problem this raises is that if the bank do not reply in time, I cannot be awarded an amount by default, it would still have to go before a judge to be decided. Also, can I claim the same rate on my credit card as my personal account? It doesn't appear to be an option because I am still in my credit limit . Regards, Simon.
  19. Thanks. Not sure if I'm any more informed, but at least I know it isn't as simple as I had hoped. I am currently pursuing TSB, their unauthorised borrowing rate is 29.8%. Still, it has to be worth the extra time and effort.
  20. I am sure I'm not the first person to ask this, but to calculate 24% interest could you use the 8% calculation and multiply it by 3?
  21. Hi Rooster, yes I did send a SAR letter using a template from this site. I took it to my local branch and insisted on a receipt. I have sent numerous reminders, however despite their promises I have only received some information (twice), but sadly not a list of my charges. Regards, Simon.
  22. After reading the forum extensively, I am aware that it is expected that each will pay their own costs to pursue a claim through the county court. Whilst I accept this in principal, can I claim additional costs to help motivate TSB ?? I have currently been waiting 56 days for information under the DPA. Despite numerous promises it will be delivered, it never does. The time taken to pursue this request has become considerable, and I feel it only fair for them to cover supplementary costs involved. Regards, Simon.
  23. Good luck with your future endeavours. Do you think I can get out of this money trap, or even claim back the extra interest I have paid, or is this not an option? Simon
  24. Thanks for your quick response. Also, please accept my apologies for unintentionally posting on the wrong forum. I don't wish to add to the huge workload you folk already do. Simon.
  25. Hi, you may wish to search this site for info on Right of Appropriation. From what I understand this gives you the opportunity to say where your money goes once it is deposited into your account. Make sure you gain as much info as possible, as I don't think many bank employees will have heard of it. Regards, Simon.
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