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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.
    • 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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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UK food and drink manufacturers starting to stockpile ingredients in case of a hard Brexit


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Are people stockpiling at home if they can afford it?

 

I've started stockpiling certain items, mainly for the bulk buy savings rather than any Brexit concerns. I've also accepted that unless this move to leave the EU is scrapped (unlikely), we are all screwed.

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so the main quoted company is the one that bought Cadbursy and switched probuction to Poland. Well, I wont be upset to see them losing money over this. If things are really that bad they might have to start making cream eggs back in the UK again.

Are we really all scrwed when brexit comes along? Supply/demand curves used in economics would say that things will settle pretty quickly. If stuff costs more fro abrad peopel will start making it in the UK.

JLR blame brexit on a fall in sales, nowt to do with government proclamations about banning their most popular models sometime soon killing demand then. Dotn forget, saying soemthing will happen in the future doesnt change the past.

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I hope you're right about the food chain, EB.

 

 

From what I've read the problem could be fresh fruit and veg of which the UK only grows about 40% of what is needed, plus underproduction of dairy produce especially milk. It would be great if farmers could cover the supply gap although dairy farmers have gone out of business or given up which isn't easy to replace overnight.

Illegitimi non carborundum

 

 

 

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Apparently many companies are stockpiling toilet paper, fearing a hard brex****. :)

We could do with some help from you.

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The we will have to eat more seasonal products rather than importing lettuce from Spain in the middle fo winetr we either eat different varieties that can grow in the cold or we eat something else instead. I like lambs lettuce but you rarely see it in the shops. I picked about8kg of blackberries this year but noticed that the big ones for sale in a supermarket came from south America and cost about £2 a kg. It costs that in fuel to get them here so a madness in itself.

Anyways, most foodstuffs dont have tariffs

I hope you're right about the food chain, EB.

 

 

From what I've read the problem could be fresh fruit and veg of which the UK only grows about 40% of what is needed, plus underproduction of dairy produce especially milk. It would be great if farmers could cover the supply gap although dairy farmers have gone out of business or given up which isn't easy to replace overnight.

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mind you, this will absolutely stuff the coffee companies who claim they buy their coffee from themselves in Belgium or Holland at a rate of about 3x the going market price to avoid tax. Perhaps they will buy their coffess from countries that grow it and then roast the beans in the UK to add value and them sell it at a decent price.

Or there agin, pigs might fly, but presumably no longer Danish pigs

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whatever sort it is it will still be 50% injected water unless peopel accept that they have to pay a bit more for decent food because it costs more to produce decent food. i dont mean paying £10 for an "artisan" loaf of bread but the current price of a 4 pint bottle of milk isnt making anyone any money and that is bad all round.

Go to France and visit a market, their fresh produce, locally sourced is several times the price you would pay in the UK because the stuff is produced on smaller farms and the seller is often the grower. Back to my blackberry observation above.

 

Mind you I would also stop the burial of tonnes and tonnes of carrots and parsnips rejected by the supermarkets because thy are a bit small or knobbly. they could be used to make sugar or alcohol, animal fodder etc. Just needs someone to set up a plant to process the stuff locally to make it economical to transport.

Transport costs are often the largest part fo the price you will pay for foodstuffs because they go from the farm to a warehouse for loading onto suitable containers and then shipped to a distribution centre and from there they go to a local depot for sending ut to the stores. Work out the number of miles they have to go and you can then see how this all adds up.

 

 

Not just food. When the M25 was being built I proposed that the roadstone was taken from the china clay works in Cornwall ( the waste that formed the Cornish Alps as the spoil heaps were known) by ship 10000 tons at a time and then fill in the pits with London's rubbish. Thsi would have cost less than moving 20 lorries full from a more local source. Plan was rejected and they built the massively expensive Eden Project in the holes instead

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WTO terms would be bad news for UK producers and would see many going out of business, if Government did nothing to help them.

 

Brexit might not happen anyway, as at the moment a second referendum seems a 50/50 possibility.

We could do with some help from you.

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HMG has appointed a minister to oversee the protection of food supplies.

 

 

https://www.theguardian.com/business/2018/sep/26/uk-appoints-food-supplies-minister-amid-fears-of-no-deal-brexit

 

 

 

 

Having Ministers for this is not a new or even old thing. During the First World War the likes of rationing was introduced by https://en.wikipedia.org/wiki/Hudson_Kearley,_1st_Viscount_Devonport , I only mention this because I happened to work for his great grandson in the 1990's and always remember on of his comments after he had just paid his losses at Lloyds that he had to start "watching the £10 notes".

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WTO terms would be bad news for UK producers and would see many going out of business, if Government did nothing to help them.

 

Brexit might not happen anyway, as at the moment a second referendum seems a 50/50 possibility.

 

Dreams.

Not the bed company.

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that depends on your market, a British grower selling in the UK will have less competition and a better chance of not being done over by the supermarkets.

We need to look very hard at our entire supply chain for the stuff we eat before deciding what is going to be good or bad. Cost push inflation leads to higher wages and that means more spending power. Where it all goes badly is in a mature economy like ours we have so many people who are not primary or secondary producers so the whole lot are reliant on either more national debt or have to rely on the good fortune of those in the first 2 sectors.

 

 

WTO terms would be bad news for UK producers and would see many going out of business, if Government did nothing to help them.

 

Brexit might not happen anyway, as at the moment a second referendum seems a 50/50 possibility.

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  • 3 weeks later...

Brexit looking pretty unlikely at the moment. Not sure there is any basis to proceed, because Northern Ireland with an open land border has to remain part of the same arrangement as Ireland. But this is not acceptable to most UK politicians. Also leaving the EU with no deal is also not acceptable to most politicians.

 

There is no basis for Brexit to proceed that would be accepted by UK parliament, the EU and the 27 EU countries.

 

Brexit will therefore not be implemented by 29th March 2019. It will either be delayed or there will be another referendum for people to decide what they want politicians to implement. Option to remain in the EU will have to be one option.

We could do with some help from you.

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Just reinforces the opinon that politicians cnat be trusted adn out negotiators arent up to the job. This is always going to be a problem where you ahve to make a "deal" when if things were done differenty from the start that wouldnt be necessary. The same will apply when it comes to trade deals with the rest of the world, they will screw up again just to get some deal, any deal.

Repeal the 1972 European community Act and state that the border between Eire and the UK will be on the same basis as the ones between France/Belgium etc. Since 1926 we have never treated the irish as foreigners.Time to let them know they are and they ahve decided to bed down witht he rest of the EU so cannot be treated as a special case as we arent one.

Spain is already sening out emissaries to promote tourism post brexit whislt publicly making the same noises as everyone ele. No-one wants to lose the game of pass the parcel so who next, Greece(tourism) or Poland(trade and people) My money is on Germany becuae we are their biggest export market and Merkel will be out soon anyway

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