Update:

I had repaid this loan in full. Whatever audit was carried out Vanquis was required to repay all the interest I had paid. Almost £600

Thanks

stephenXL

Thanks for the reply.

I use CAG to ask for advice and guidance. Member since 2007.

I have already accepted the advice given by dx100uk.

I will post the outcomes negative or possitive soon enough.

I am a pensioner on a relatively fixed income managing 100% increase in utility costs for the last 12 months with a further rise from April, also increases in food inflation at well above 20%. Fuel costs are also way up above 12 months ago.

Up until now I think I've done an impecable job of managing my affairs.

Thanks

stephenXL

ok

Thanks

I wish to appropriately discuss the removal of a late payment charge.

Having never missed a minimum payment in all the time I have had this card, I have been given a late payment fee of £12.00. My payment was caught up during the Easter long bank holiday.

This card is issued by Newday and they have pulled a similar stunt charging a late fee of £12.00 on my Fluid card for the same long bank holiday.

Argoscard website is currently "down" and the Argoscard app is simply a walk in the forest.

Im also left wondering how many others have had late penalties applied on their Newday backed cards during the same period.?

Do we have a number available that conects to a human being for Argoscard?

Strange letter arrived last Friday from Vanquis.

It starts off as follows:

Following a review of your account, we have identified that we made an error in veryfying your suitability for your loan at the point of application. Had we correctly verified your details, we would not have provided you with the loan.

(This letter goes on to say)

What are we doing to fix this?

• We have taken the decision to refund all interest accrued. This will be used first to reduce the outstanding balance and any additional amountwill be issued to you by cheque within the next 28 days.
• This means that you will not be required to make any futher payments.
• Additionally, we will be removing the record of your loan account from the credit reference agencies. Q(Can they do that?) The account stands on my record as "settled" I never missed a single payment over the term of this small loan?

Fact: They contacted me and offered the loan in the first place because I already had a Credit card with them.

My guess? This has been issued as a result of regulatory oversight.

Any advice would be appreciated. I have a copy of the letter on hand ready to attach (all relevent info has beed redacted) if you need it.

Always glad to see you guys are still here.

Thanks

stephenXL

The latest update:

Been recovering from a minor motor accident.

Claimant filed N180, which I have complied with sending my form N180 back to the Court be email this afternoon. The deadline being 4th June.

A friend of mine has linking all the documents sent to me (as in post #24)

He has copied everything together as one large editable Doc. What do I need to redact from this before I attempt to convert back to PDF?

Thanks for your help as always

stephen XL

Hiyya,

Can someone please post a link so that I can download and apply for any/all data, relating to me, held by a corporation/organisation.

I have read the posts and advice from the librarian, but can't find any template to work with.

Thanks

stephen XL

CPR31.14

A response has come back from solicitors via email. Along with a number of attachments. Which I now need to download and print off. Should I insist that they provide certified hard copies?

I did not supply my email address on the CPR request.

Are the Courts not obliged to hold my data securely? They are the only ones to be given it via MCOL

Thanks

stephen XL

CPR31.14

Printed off and ready to go in the post, tomorrow morning recorded signed for delivery.

Thanks again, will keep you up to date.

stephen XL

MCOL defence within deadline

Onto CPR.

Will keep you posted.

Thanks

stephen XL

one quick point. do I put the vehicle registration into defence point 1. do I alter this to say I was the keeper ( I sold this car a good few months ago?

Point taken dx. Usually try to be more manageable.

I'v removed point 2 as you suggest, minding to re-number the rest accordingly.

Here's the draft then

1. It is admitted that Defendant is the recorded keeper of [motor vehicle].

2.  It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract.

3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.

4.  It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability.

5. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.

I will get the CPR off by post later today of first thing tomorrow.

If this is ok I'll post in on MCOL before the 4pm deadline.

Thanks for your help as always

stephen XL

1. It is admitted that Defendant is the recorded keeper of [motor vehicle].

2. It is denied that the Defendant parked in Mill View Hospital car park at the times mentioned in the Particulars of Claim the Defendant has no recollection of this. The Claimant is put to strict proof of the same.

3.  It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract.

4.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.

5.  It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability.

6. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all."

How does this look please? I have to post a defence by 4pm today.

Thanks

Stephen XL

I have copied and pasted this then as suggested.

Should this be woven into what I posted earlier /posts #12/13 ?

1.  It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract.

2.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.

3.  It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability.

4.  The Claimant has inflated their claim to try to circumvent the small claims limit on legal fees and this is an abuse of process.

Thanks

stephen XL

Edit point 2.

2. It is denied that the Defendant parked in Mill View Hospital car park at the times mentioned in the Particulars the Defendant has no recollection of this. The Claimant is put to strict proof of the same.

1. It is admitted that Defendant is the recorded keeper of [motor vehicle]. (Does the vehicle reg go onto the MCol submission?)

2. It is denied that the Defendant parked in Mill View Hospital car park at the times mentioned in the Particulars OR the Defendant is unable to admit or deny the precise times he was parked in Mill View Hospital car park as he has no recollection of this. The Claimant is put to strict proof of the same.

3. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all."

I'm thinking that this is not quite enough.

Should there be something about contractor and actual landowner?

Ignored is the answer. No I do not have paperwork, only the claimform.

I will do as you have suggested though.

Get back with it asap.

Thanks

stephen XL

My defence might read something along these lines.

1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXXXXX at Mill View Hospital Hove BN3 7HY

I was never in attendance at Mill Veiw Hospital in Hove.(a Mental Health clinic and a completly seperate entity from set in its own grounds )

I was parked in a Disabled bay with badge displayed whilst attending an appointment at The Hove Polyclinic, Neville Avenue, Hove.

2. The PNC details are 01/05/2019 xxxxxxx

Details on PNC(s) therefore incorrect

3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PNC(s).

I require clear definition of what breach of the Terms on Cs signs took place. This to include demensions of any signage breached and measurements of postions of any signage (ie how far off the ground this signage (if any) had been placed. When, and for how long had any new signage(if any) had been properly installed. And found to be compliant on date of PCN(s)

4. The driver agreed to pay within 28 days but did not. Driver is liable as the driver or keeper. Despite requests, the PCN(s) outstanding. The Contract entitles C to damages.

At no time or did I enter into a conversation/contract with any employee of One Parking Solutions Ltd so therefore did not agree  to pay within 28 days.

 I know this probably needs tidying up

Any thoughts or suggestions would be welcome.

Thanks for any patience extended.

stephen XL

I have had to stay on the Isle of Sheppey for a few weeks as Tier 3 and then teir 4 restrictions went live. I have a small (non essential ) business there which opened three days before 1st lockdown in March 2020. Had to take every opportunity to attend to it whenever any restrictions were lifted.

Did I pay enough attention to other matters? Probably not. Thats as honest as I can be.

I am frustrated as much as anyone else.

Not that I am aware of.

 No excuses but, Post has been erratic, I tested positive for Covid19 during January became really ill and still shaking it off.

Name of the Claimant : One Parking Solution Ltd. Worthing

Claimants Solicitors: DCB LEGAL LTD

Date of issue – 12/03/2021

Date for AOS - AOS Posted on-line via Moneyclaim 03/04/2021

Date to submit Defence - 13/04/2021

What is the claim for – 

1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXXXXX at Mill View Hospital Hove BN3 7HY

2. The PNC details are 01/05/2019 xxxxxxx

3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PNC(s).

4. The driver agreed to pay within 28 days but did not. Driver is liable as the driver or keeper. Despite requests, the PCN(s) outstanding. The Contract entitles C to damages. AND THE CLAIMANT CLAIMS

1. £160 being the total of the PNC(s) and damages

2. Interest at a rate of 8% per annum pursuant to s69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgement or sooner payment,

3. Costs and court fees

What is the value of the claim?

Amount Claimed £183.87

court fees               £25.00

legal rep fees         £50.00

Total Amount       £258.87

On Point 4. I had no such conversation agreeing to pay.

Need some advice to defend this claim please.

I have posted a redacted copy of the Particulars of Claim if needed.

(no mention in POC about being parked in a disabled space displaying badge)

Be grateful for any assist.

thanks

stephen XL

if anyone picks this up.

The appointed Telephone called at 3.25pm on the due date. Connected  both parties together, then spent another hour trying to connect with the Court/Judge to no avail.

Waiting for another date to be set from the county court.

Thanks

stephenXL

Quick question?

This is very late stage I'll agree. However, is there any way we can adjourn until a later date?

Telephone hearing scheduled for Wednesday 25th: 3.30pm (case reallocated to another court too)

Since last time, along with having had to isolate, illnesses, possibly covid linked. For both myself and ex.

Things are behind with skeleton arguments.

Nothing has been forthcoming either, from SWS.

Except: Two letters sent to both of us at the original claim address, from SWS Dated 4th November 2020, demanding payment of a sum which includes the years that are statute barred, along with the usual arm twisting. I shall upload a redacted copy of the letter sent to me.

( This is not acceptable to me, considering the consent order removing me from this case dated 14th August 2020) It  offers no re-assurance for me against getting a blot on my credit score.

This is very indicative of how this organisation works.

There have in the past been repayment plans discussed and agreed both in person and by phone, plans whereby agreed amounts paid would be matched by the Water Company too.

Paypoint payment cards agreed but never forthcoming.

Whenever an arrangement has been made, it is/has always been followed up with letters from SWS or their agents demanding full payment.

Several times my ex calls to ask when the Paypoint Card might arrive?

SWS response has been unhelpful excuse being they can't find anything on record to raise a Payment Card.

Like wise, when asking for confirmation of agreed repayment plans the same routine takes over, heavy handed demands.

One thing I think thats needed,  is to apply for SAR's from SWS, UK Search and any others that had a stake in this case.

Any help or advice would be greatly appreciated

Thanks

stephenXL

2020-11-04 S-water Note Before Default.pdf