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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
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    • 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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Cash4Phones - got CCJ against them..should i use bailiffs to enforce it...


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This is my frist time dealing with any thing like this and I feel a bit out of my depth. I started procedures against Cash4Phones some time ago but have heard nothing from them. This is what's happened so far:

 

Issue date: 29/10/2013

 

I sent in my iPhone 4 to Cash4Phones,

promised between £130 and £140. I was instead

then quoted £54.60 due to 'excessive wear and

tear.' However, the phone was spotless and

could have been sold 'as new' quite easily. I

Googled feedback from the company and it

seems that this is standard practise. I

argued and it was eventually raised to £100.

I accepted, albeit begrudgingly. Apparantly

that is standard practise too.

 

I spent hours on hold over a spread of 3

days. My mobile and home phone bill increased

by £52. Sometimes, the phone would be picked

up, someone would burp loudly, and then put

the phone down again, or pick it up and just

put it straight down again. I then had to

ring again and go back on hold.

 

I recived a cheque for £100 after 23 days

instead of 10. I am hereby claiming my phone

bill, plus the difference between the

original quoted price of £130 and what I

actually recieved.

After waiting a month, there has been no defence and so a judgement by default was issued on 29/11/2013. There has been no reply to this as of 03/12/13.According to MCOL, the only option I have now is to issue a warrant, which would cost £100. At this point, they owe me £107 so that seems a bit pointless.

 

I used this address:

Cash4phones

 

15 Gateway Mews

 

Ring Way

 

London

 

N11 2UT

...but how do I know that's their offices? It could just be their warehouse or whatever.

 

 

I am in receipt of ESA and cannot really afford this easily. I suffer from mental health issues which complicates things. (Schizophrenia, depression, post-traumatic stress)

 

What to do? Thanks so much in advance.

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I would issue a warrant which will be added to the bill.

 

They could challenge the ccj but hardly worth it for them.

 

Likelihood is that they'll pay up when pushed. Prob many people screwed over and the odd claim viewed as an inevitable small risk

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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You have done very well to get any money at all.

 

Read through this forum and the recent threads about this company.

 

I would suggest that you hold off enforcement until there is clear information available as to the whereabouts of any the people involved.

You have your judgment. You can issue a warrant very quickly if it becomes possible to enforce it.

At the moment, I don't fancy your chances.

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After reading other threads, I agree with bankfodder. My suggestion was a little too kneejerk so ill read up more in future before responding

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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could you not apply for a high court writ to be enforced ?

 

This can be an extremely expensive option if the enforcement is not successful. But anyway, the judgment has to be for a minimum of £600, I believe.

High Court enforcement will have just the same difficulties as bailiffs if Cash4phones can not be found.

 

Inform the police and inform trading standards

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At this time bailiffs would be a complete waste of money. Wouldnt surprise me at all if this greek guy was reselling the phones on ebay.

 

Did anyone think to call the phone operator and get the imei cancelled?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Who have you got judgment against?

 

If it is just 'Cash4phones' then this is just a trading name and is a non-entity making enforcement very difficult. You always need to ensure you sue the correct party.

 

Cash4phones is a trading name of C4P Trading Limited, a company registered in England (Company No: 06300042). They have multiple CCJ's recorded against them and appear to be trading from a virtual office.

 

The sums are too low to use an HCEO so you're stuck with the County Court Bailiffs, who are often pretty ineffective in usual circumstances let alone one where the entity may not exist.

 

I'd be tempted to cut your losses.

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I'd be tempted to cut your losses.

 

And let them just get away with it?

 

No. I certainly won`t do that.

 

I`m aware they may read this board so i`ll be going quiet on exactly my efforts for now. But they`re for much more than they bargained for.

 

Also good luck to the OP, you`re not alone, m8.

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And let them just get away with it?

 

No. I certainly won`t do that.

 

I`m aware they may read this board so i`ll be going quiet on exactly my efforts for now. But they`re for much more than they bargained for.

 

Unless you find where they are, you wont be able to do anything. If you find the owner, you cant do anything apart from call the police, as your claim is on the company, and if he;s done this to thousands of people, i can guarantee he wont be stupid enough to write a personal guarantee against his company.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Who have you got judgment against?

 

If it is just 'Cash4phones' then this is just a trading name and is a non-entity making enforcement very difficult. You always need to ensure you sue the correct party.

 

Cash4phones is a trading name of C4P Trading Limited, a company registered in England (Company No: 06300042). They have multiple CCJ's recorded against them and appear to be trading from a virtual office.

 

The sums are too low to use an HCEO so you're stuck with the County Court Bailiffs, who are often pretty ineffective in usual circumstances let alone one where the entity may not exist.

 

I'd be tempted to cut your losses.

 

There must be an office from which staff actually work from, other posts have pointed to recent job adverts. Although it may be there is little actually owning to the company on site, although I suspect that there would be enough to satisfy a single ccj.

 

Trouble is where is this 'office', I was tempted to respond to the recent job ad but its not quite my area of expertise although it was an IT role.

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And let them just get away with it?

 

No. I certainly won`t do that.

 

I`m aware they may read this board so i`ll be going quiet on exactly my efforts for now. But they`re for much more than they bargained for.

 

Also good luck to the OP, you`re not alone, m8.

 

I fully understand your position but sometimes you have to make a commercial decision. We see many cases where people throw good money after bad.

 

I wish you both luck and genuinely hope you get paid what you're owed.

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There probably arent any jobs at all. Some companies who operate like this, just advertise to make it look like theyre a professional company. If anyone applies, they can easily say " sorry, you dont meet our requirements".

 

Like i said, i wouldnt at all be surprised if he is flogging these on ebay or somewhere else.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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There probably arent any jobs at all. Some companies who operate like this, just advertise to make it look like theyre a professional company. If anyone applies, they can easily say " sorry, you dont meet our requirements".

 

Like i said, i wouldnt at all be surprised if he is flogging these on ebay or somewhere else.

 

Well the most recent ad was via an employment agency and was quite a specilaised IT/Web role, I doubt a company would pay fees to an agency if they didn't want anyone, it would be a waste of money.

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Well, nobody can find them, not even the police. So it does make you think.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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They have had a name change

 

YEMONIA LIMITED

SUITE 21 5 SPRING STREET

PADDINGTON

LONDON

UNITED KINGDOM

W2 3AQ

Company No. 06300042

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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The problem is that bailiffs want a quick fix.

If a company doesn't seem to be there - they tend to move on to their next collection

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