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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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R&J Auto Finance/GB finance and investment claimform


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click the black links and read all the posts of each link.

 

 

if there no address for return of docs then the cpr goes to him too

probably wont have a Scooby's what it means mind!!!

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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Good morning,

 

i've just logged in to money claims online, and it won't let me respond online, I

 

 

have to fill out the response pack and post it back.

 

 

so obviously I need to fill out the defence section,

 

 

but do I need to send the acknowledgement of service too, to ask for 28 days to prepare the defence?

 

 

And if this is the case the defence section has a box where I need to state my defence,

 

 

what do I put in it?

 

Thanks,

Dan.

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At the moment ALL you need to do is acknowledge the claim and say you will defend in full.

 

DO NOT put ANYTHING in the defence box as it may be construed as a defence- not even defence details later

Any opinion I give is from personal experience .

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Don't you just love these DIY POCs

 

Just acknowledge , defend all and get the CCA and cpr31.14 requests sent

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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no rush on the response pack

try mcol over the w/end

you've got till the 8th to AOS.

I would nt be using the claimform.

 

 

get CCA/CPR running..

this looks fun.

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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Share on other sites

Good evening,

 

Just a quick update

- As there was no solicitor listed on the claim form I posted the CCA request, postal order and CPR 31.14 to him yesterday, first class & signed for which I checked earlier and have confirmation was delivered to him at 1.05pm.

 

the next step is responding to the claim,

as it still wont let me respond online so I'm going to post it back to them.

 

 

Am I right in saying that I need to send both the acknowledgement of service, and the defence and counterclaim forms but I do not write anything in the defence box,

I just leave it blank?

 

I've printed out all emails sent to and from him,

along with spare copies of the CCA and CPR request,

as well as the information found on R&J and GB financial from companies list.

 

 

I've also printed out the details about the company from the FCA,

and I searched the FCA number stated on the claim form which is registered to a R&J auto finance that is registered at his dads address, but in the Son and his mothers name, with a date registered as 27.02.17.

 

I have also printed his dads obituary from the local paper, which states that he died suddenly on the 16th January 2017, as his son is claiming he was instructed to collect the debt on that day.

 

Do I need to post any of this off with the acknowledgement, or do I just sit on it for a while?

 

 

Also the 28 days to submit a defence

does this start from the date of service stamped on the claim form which is the 21.04.17,

or the date printed on the claim number sticker, which is the 18.04.17?

 

sorry for all the questions, just a little puzzled as to where to go from here.

 

Thanks,

Dan.

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now go back and read the link in post 40 properly....

 

 

on the claimform in the information box

is their a password right at the end?

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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then its come from Salford not northants?

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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  • 2 weeks later...

Good evening,

 

Just a quick update...

 

I've still not heard anything from GB regarding the requests,

 

i have today received a letter from Salford saying my defence has to be submitted by the 18th May.

 

I have a day off on friday so i'm going to start penning a few notes ready for submitting my defence.

 

Dan

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Good evening,

 

So yesterday i recieved a response from GB finance and investment, letter states as follows;

 

R.E court proceedings.

 

I write regarding your recent correspondance and enclose a statement of your account as requested.

 

Our records note that you wish to dispute the amount owed and so we will be attending court to discuss this matter further. Please advise if you require and additional information in order to assist you with the pending court proceedings.

 

Then attached is 3 pieces of paper where hes typed out the dates, a balance and an amount paid, another piece of paper that is typed up stating that R&J auto assigned the debt on 16.01.17 addressed to whom it may concern, and a copy of one of the contracts.

 

I've also recieved a N180 form from Salford which i have to fill out and send back by the 18.05.17.

 

I'm presuming that this is supposed to be my response to the CPR snd CCA request.

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" I've also received a N180 form from Salford which i have to fill out and send back by the 18.05.17. I'm presuming that this is supposed to be my response to the CPR and CCA Request "

 

No...this is to allocate the the claim to track and transfer it to your local county court.

 

Andy

We could do with some help from you.

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I'll get that sent back this week.

 

Do i have to send my evidence/defence off or do i just sit on it until the actual court date, because when i rang to ask them to send me a N180 form out they told me that i have failed to submit any evidemce to support my claim?

 

I'm so confused by the whole process and its stressing me out big time.

 

Thanks,

Dan.

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No...once you submit the N180 you will receive notification by way of a Notice of Allocation...this contains the directions and dates for disclosure and witness statements.

 

Sounds like the Court Staff are also confused with the process:wink:

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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