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    • 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
    • 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.
    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
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Council Tax not Lawful?


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A show piece and a 5 minute delaying tactic. This doesn't show that council tax is illegal or avoidable just that in that court at that time prodedure was not unholdable.

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now we have every ones attention

 

 

does a summons sent to the defendant in a liability case,

 

be it council tax or csa

 

does the court seal need to be on the summons to be legal

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That's because the link contained a swear filtered word, so the kink wouldn't post properly, I had to delete it and re upload it wth a different name. Bad bookie. :razz:

 

I pasted it in a browser and filled in the blanks, but ok now can see.

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now we have every ones attention

 

 

does a summons sent to the defendant in a liability case,

 

be it council tax or csa

 

does the court seal need to be on the summons to be legal

 

I think the point they were making was that the summons was not sent by the court, they were saying that only a court can summons you, not the council.

Reading the text before the video clip explains what they are saying.

Hardly a delaying tactic if legal precedent is set.

Displaying a birth certificate was proof that the person was in court, that was a good one.

Funny how the three coppers could only stand there as the layman became the highest authority in the court.

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I have seen it before, read it before, read the lengthy debate before, and it is utter and complete garbage. There is no legal precedent set except in their deluded minds. It's all part of the extremely tedious, self-congratulory, part fanatics, part gullible "Freeman of the land" myth.

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Hardly a delaying tactic if legal precedent is set.

 

It's a delaying tactic in that if there is a problem with the system, they will have it changed within 24 hours.

 

Whoevers name was on the birth certificate will 'not' have gotten away with not paying council tax. The difference between can't pay and wont pay is that the 'wont pay' go to prison.

 

As Bookie says - it's all been tried before and it just don't work, the so called do gooders think they are being cleaver, but usually get charged with other offences beside what they originally mythically thought they were getting away with.

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Correct. And I believe that the end result was that he still ended up paying it anyway.

 

Can you provide a link that shows that ?

So it was just a publicity stunt?

Can anyone confirm that a council can issue a summons?

The only gullible people seem to be the ones who continue to pay council tax

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Sorry, I did a search and couldn't find the documents themselves, links seem to have been removed from all the sites (wonder why? :razz:)

 

I did find a couple of comments from people pointing out that the case had not been dealt with in court because the defendant had agreed to pay by instalments, which is what I remembered, but unless you can find a copy of the actual paperwork still standing, can't help further I'm afraid.

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Loved it!

 

Bookworm reckons the whole freeman-on-the-land thing is utter garbage and nonsense - and I wouldn't like to argue too strongly against that viewpoint.

 

But on the other hand, is there no value whatsoever in looking at what some of these people are doing? I find some of the things they have done fascinating from a legal standpoint - insisting on the Oath of Office being produced, for instance - that sounds like a lot of fun! And what about insisting on asserting their common law rights when confronted with any authority purporting to act under 'Admiralty'/commercial/statute law - seems to have a bit of an impact.

 

There is another thread on CAG talking about this stuff and I posted some links to some interesting freeman videos which I can put here if anyone asks.

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Loved it!

 

Bookworm reckons the whole freeman-on-the-land thing is utter garbage and nonsense - and I wouldn't like to argue too strongly against that viewpoint.

 

But on the other hand, is there no value whatsoever in looking at what some of these people are doing? I find some of the things they have done fascinating from a legal standpoint - insisting on the Oath of Office being produced, for instance - that sounds like a lot of fun! And what about insisting on asserting their common law rights when confronted with any authority purporting to act under 'Admiralty'/commercial/statute law - seems to have a bit of an impact.

 

There is another thread on CAG talking about this stuff and I posted some links to some interesting freeman videos which I can put here if anyone asks.

 

 

If you google the guys name a shed load comes up, just been doing some reading myself, interesting.

Council tax is a tax, government debt, not a civil debt like hire purchase etc.

Wirral council have apparently admitted that it is unlawful.

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Sorry, I did a search and couldn't find the documents themselves, links seem to have been removed from all the sites (wonder why? :razz:)

 

I did find a couple of comments from people pointing out that the case had not been dealt with in court because the defendant had agreed to pay by instalments, which is what I remembered, but unless you can find a copy of the actual paperwork still standing, can't help further I'm afraid.

 

 

Thanks anyway :-)

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Yes, but if you look at the sited you have found, they ALL quote the same one incident, with the same interpretation copied and pasted at infinitum, and then the faithful join in with their Hasannahs and halleluias. In the end however, there is nothing that ever gets proven, it's all smoke and mirrors.

 

Sam, it's interesting for me - briefly - for its novelty value and I never dismiss something out of hand. The problem is that as soon as you start really digging, it all falls flat. As you start expanding your search, you realise that it all is self-repeating and never actually provides any proof. Rumours, yes. Self-congratulating rants, yes. Actual proven court wins? No. Not one. The one(s) they try to claim as victories and precedent setting like the one mentioned in this thread turn out to have been carefully edited and trimmed to suit their purpose when they are nothing of the sort. :-(

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I always have respect for your opinions, Bookworm, and it does seem that the evidence is lacking, but I still have this niggling feeling that they may be onto a thing or two. For instance, they say everything is run on a for-profit basis - the courts, police forces, the government etc - and that they are all registered as 'companies' which is evidenced by a companies search on Dunne & Bradstreet. This isn't general knowledge, but is it true? Just one of the odd assertions they make that makes me wonder.

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Well, define "for profit" for starters. If it's merely a term to set that they're not charities fo example, that means nothing. And even if they do make a profit, so what? They still have a role/duty/powers set by parliamentary rule.

 

As for D&B, wouldn't it make more sense to search, in the UK, quite simply, on the Companies House database, which is after all the recognised one here? Just asking, I haven't done it myself. But D&B, again, so what? it may be that D&B use a different cataloguing system for their own records, who knows?

 

Thanks for the vote of confidence btw, but you are quite right not to take everything without querying, not even from me ;-), but I have to say that my niggling feeling from the start was "that doesn't sound right" and when I dug in, it just got confirmed. Compare this with my feeling about the bank charges stuff, when I first read about it, I got a bit excited, read more and more about it, and the deeper I was digging, the more things were firing up in my brain, thinking that this made complete sense, even though at the time, there were hardly any positive results. But I do trust my own instincts a lot in these type of things and I have to say the whole FOTL just doesn't add up for me. The main flaw is that on one hand, they discard or argue a right to reject the laws that don't suit them as being irrelevant to them, but then expect the courts which they say have no jurisdiction to uphold their assertions. You can't have it both ways , you either work within the system or if you reject it, you get yourself onto a private area where you create your own rules etc... and even then, there is so much you could do before a higher set of laws would apply.

 

IMO, of course! :-)

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i couldn't agree more and taking this title as the main subject, ask one of these tree hugging nutters if the crap they are posting stands up ie let them show the world that they do not now get demands from the council for council tax and have in fact not paid any.

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