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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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Llowell/BW legal claim form old jd williams debt for £310


claire99991
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Hi

 

yesterday i recieved a letter from northampton court saying i had 14 days to reply with my admission

or denial at a jd williams debt for 310 pounds.

 

This catalouge debt is about 5years old and is mostly charges

 

a couple of years ago i got letters from several debt collectors inc llowell

 

i sent back proof it letters with the pound postsl orders

 

no one came back with anything and

all went quiet until the court letters

 

it wants my employers details income outgoings etc..

 

...i could really do without a ccj!!

 

Should i contact llowell and ask them to set up a payment plan?

 

Do i tell the court ive done this?

 

I only work 16 hours per week and with 2 kids i can set up payment plan.

 

Never had a court letter so dont understand it all.

 

Thanks in advance

 

Claire.

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Hi

 

I have moved your thread to the legal forum in view of the issue of court papers.

 

Can you tell us the date of issue as printed on the claim form and also type up the particulars of claim verbatim but without anything that could personally identify you.

 

Hi

issue date 19th feb but recieved today

 

.....its for jd williams catalouge for 310 pounds plus court fees...

 

. Have no idea what to do with it.

 

How do i go forward is it possible to set up payment arrangments without getting a ccj now

 

or am i going to get one anyway?

 

Thanks x

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'the claimant's claim is for the sum of 390.21 being monies due from the defendant to the claimant

under a mail order agreement regulated by the consumer cedit act 1974

between the defendnt and jd williams under the account ref *********

and assigned to the claiment on the 20/12/2012

 

notice of which has been given to the defendent,

 

the defendet failed to maintain the payment under the terms of the agreement

and a default notice has been served and not complied with.

 

the claim also includes intrest to section 69 of the county courts act at a rate of 8.00%

 

catalouge was taken out roughly 5 and half years ago. (most of this amount is charges)

 

where do i go from here

 

im loosing sleep over this

 

i really dont want a ccj and

 

just need to know if me contacting lowell

 

and setting up oayment arrangments is enough to stop this going any further.

 

thank you

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If you make an arrangement to pay, and they accept, from what i have read they will still continue with the claim unless they can say they will discontinue with the claim, but you will need that in writing....do not phone lowell or carter do everything in writing, that way you have a written record send all letters recorded delivery.

 

At the moment, I and quite a few others have also received claims from Carters/ Lowells they send these out like confetti.

 

Personally i am not worried about the claim, as they have failed to produce the documents they are relying on to take this to court.

 

when they send the claims out, they hope that the individual will just pay what they are after, what they don`t like is when the defendants stands up to defend the claims.

Lowells and carters send these claims out without checking whether they are right or wrong. meaning they dont have the correct paperwork in place when the claim is issued.

 

 

You have the following timescale to go with, You have 33 days in total subject to how you decide to proceed.

5 days from date of claim for the claim to be deemed served so 28 remaining ...14 to Acknowledge service and if defending a further 14 to submit a defence.

first thing you need to do is acknowledge the claim online http://www.moneyclaim.gov.uk there is password on the claim form to use for this.

when you do the acknowledgement tick that you want to defend all ( if you do) and do not tick the jurisdiction.

 

hope that helps

 

Lets

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You need to send the CCA Requestlink3.gif to whoever has sent you the Court papers.

 

You also need to send the CPR31.14 to the same people, asking for

a) Agreement

b) Default notice

c) NOA

d) How the debt is made up

 

http://www.consumeractiongroup.co.uk...redit-Act-1974

 

http://www.consumeractiongroup.co.uk...as-been-issued.

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You need to send the CCA Requestlink3.gif to whoever has sent you the Court papers.

 

You also need to send the CPR31.14 to the same people, asking for

a) Agreement

b) Default notice

c) NOA

d) How the debt is made up

 

http://www.consumeractiongroup.co.uk...redit-Act-1974

 

http://www.consumeractiongroup.co.uk...as-been-issued.

 

 

 

Ok

 

I may as well defend it if they are going to give me a ccj anyway??

 

This debt has been passed around a handful of dca's and

 

when I've sent cca requests nothing comes back

all goes quiet for a while and

then another crops up.

 

I'll acknowledge the claim defend it and

 

send the cca request and

 

other kettle mentioned recorded delivery to Lowell tomorrow?

 

Thank you will keep this updated x

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send them a CPR & A CCA request.

 

do not sign the letters

get a hold of your credit file too

 

does this show?

 

I notice several previous threads involving JDW cat debts.

 

have you ever sent them and SAR?

 

dx

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi i registered on the website to acknowledge the claim online, i clicked i wanted to defend it says what are my reasons for defence, what should i out in the box or have i clicked on the wrong part? i havent submitted yet as not sure what to put, other letters have been posted to llowel and bw legal.

 

any advice be great never done this before.

 

thanks

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You are just acknowledging at this stage you submit your defence at 28 days.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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If you want advice on your Topic please PM me a link to your thread

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You are just acknowledging at this stage you submit your defence at 28 days.

 

Hi i registered on the website to acknowledge the claim online, i clicked i wanted to defend it says what are my reasons for defence, what should i out in the box or have i clicked on the wrong part? i havent submitted yet as not sure what to put, other letters have been posted to llowel and bw legal.

 

any advice be great never done this before.

 

thanks

Hi I'm in exactly to same position! So keeping eyes on your progress and following advice given on here.

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