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Genelover

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Everything posted by Genelover

  1. Thanks for your help ericsbrother. Much appreciated. I will let you know the outcome! (I can't see any PP for the signs on council website btw)
  2. Thanks for the replies. No, there is no way of applying for extra time if you stay over. Do I take that up with Covers (they are a builders merchants) The car park is very close to a railway station and I was taking the train (totally unaware of the new restriction otherwise I wouldn't have parked there). I missed the signs at the entrance and parked behind a bush from which you cannot see the signs. They aren't very prominently displayed unless you park on a certain side of the car park. Is my best bet to appeal to Covers?
  3. 1 Date of the infringement 25/02/20 2 Date on the NTK 28/02/20 3 Date received 02/03/20 4 Does the NTL mention schedule 4 of The Protections of Freedoms Act 2012? Y 5 Is there any photographic evidence of the event? Y 6 Have you appealed? N 7 Who is the parking company? Parking eye 8 Where exactly Covers, Portsmouth For either option, does it say which appeals body they operate under POPLA Hello, hope somebody can help me! Have been using this car park for many years - it's always been free with no restrictions - it also serves a rugby club and nursery I have phoned Covers today and they have told me they own the land. I also asked how long the restrictions have been in place and they said around a month. The car park is never full (except on match days) but the 4 hour restriction only applies on weekdays). PCN.pdf
  4. I'm with you. Invaluable advice I'm so grateful. Will keep you posted. Thanks again
  5. Thank you so much, excellent advice. Are they more likely than not to turn up do you think? And can they produce the paperwork on the day?
  6. Can anyone help please? Would be very grateful for any advice!
  7. I now have a hearing date for a couple of weeks time. Still not heard back from Lowells...what can I expect in court? If the documentation I asked for is not supplied by then, what happens next?
  8. Finding this very confusing as they are chasing two debts - am in the process of filling out the forms, but as the CCA requests on one of them were to original creditor and a different DCA should i include them? And mention account in dispute when passed to 3rd party?
  9. Thank you 42man. Have had a read and note that the SD they served me only has three pages - no particulars of debt. Should I mention this in defence? My CCA requests were sent to original creditor and also to subsequent DCA's (along with a letter stating they were in breach by passing to a 3rd party whilst account in dispute). I haven't CCA'd curent DCA as I had returned all communication. Should I do this now, and mention account in dispute? Also I have a deed of assignment on one of the alleged debts, but not the other.
  10. Thanks for your replies. The SD was posted through the door by hand, and CCA requests were made to the original creditor initially about three years ago, and the accounts have been passed back and forth between numerous DCA's - none have ever provided a valid CCA (although they have produced copy agreements).I'm afraid to say as it has dragged on so long and nothing has really happened I didn't really understand the importance of the SD until i had another letter yesterday. Prior there has been no correspondence for around two years as I returned everything unopened.How do I apply for an 'out of time' set aside? Thank you so much for your help.
  11. I would be very grateful if anyone could answer a few questions for me. This is a bit of a minefield for me, but they are threatening to issue a bankruptcy petition. The SD was dated 12th Oct and I know I should have dealt with this sooner - is it too late to apply to have it set aside? The demand is for two separate debts, and been passed from DCA to DCA over the last few years - they arent statute barred however - but I have never received a valid CCA from them despite several requests. Not sure what my best course of action is here - can they really have me made bankrupt for unsecured debts? I've been reading a lot of threads on here which are all wonderfully helpful, but I am very confused as to what I should really be doing, especially as the 18 days have now passed.
  12. Thanks:) The court said they wouldn't be sending it in writing becuase teh stay notice said it would be struck out if docs not received. Can I insist on having it in writing?
  13. A quick update - phoned the court yesterday as hadn't heard a thing. Claim has been struck out!! Hurrah! Wanted to thank everyone who has taken the time and effort to respond to this threat, I wouldn't have been able to do it with you. Really, very much appreciated. What are the chances of them restarting the claim? And coud they sell it on?
  14. Thanks Rhia. Yep, plenty of penalty charges! Do I go after DCA for statements, or Barclaycard? Also, I'm not entirely sure what is meant by 'stayed'. Does it mean nothing else happens untill they come up with the goods?
  15. Quick update - had a really busy weekend so phoned the courts today to see if I could get an extension. They said a new direction from the judge was in the post, basically saying that the claimant hadn't signed the POC and so the claim was being stayed until 1st October, and would be struck out if not received by then. I'm surprised he's given them so long. Is this usual?
  16. Great advice S, I shall work on this over the weekend and post up. Thank you, I'm really grateful
  17. That's fantastic, thank you so much! DN was sent dated 4th July 08 which was a friday, and requesting payment by 21st July. Allowing two weekdays takes us to tuesday 8th July, then 14 more takes us to the 22nd. They were requesting payment by 21st. Not sure how relevant this is? Just one more question - since I submitted my last defence, have received a copy credit agreement showing no prescribed terms. Can I incorporate this into the defence? CCM's defence was blinding, but as of then no CCA (or anything purporting to be one!) had come to light!
  18. Can anyone please help?! I'm running out of time! I'd be grateful for any snippets of advice, mainly about how to word my defence.
  19. Thanks Shadow...yes, that is the basis of my defence. The default notice was from Mercers, never had one from barclays, didn't realise this made a difference? Also have just been through my rather large file and can't see a letter of termination. I did make an offer of payment which was refused. Laughable really because if I lose this case the judge will look at my income and see I have nothing to spare each month! Right, scanners broken, so here is the amended POC: I, **** am authorised by the claimant to make this statement on his behalf. The claimant's claim is for the sum of *** being monies due from the Defendant to the Claimant under a regulated credit agreement between the defendant and Barclays Bank PLC. There is now exhibited a copy of the credit agreement marked 'AR1.' From time to time, the defendant made use of the credit facilities available to him. There are now exhibited copy staements of the account marked 'AR2'. On 20th January 2009 Barclaycard assigned the account absolutely to CL Finance Ltd. There is now exhibited the said deed of assignment marked 'AR3'. On 11 february 2009 a Notice of Assignment was served upon the defendant pursuant to The law of Property Act 1925. There is now exhibited said Notice of Assignment marked 'AR4'. The defendant has failed to make payment in accordance with the terms of the agreement and on 4 July 2008 a default notice has been served upon the defendant pursuant to Section 87(1) of the Consumer Credit Act 1974. There is now exhibited the said default notice marked 'AR5.' The claimant claims the sum of ***********! For the record, the copy statements supplied only date back to June 2004, although I applied for it in 1996. Is this relevant? If I argue that with the lack of a signed credit agreement, I have paid back more than what I borrowed (which I have!) surely this gives me a good case?
  20. Im by no means an expert in any of this, but if you read through my thread you'll see that what you received from Barclaycard is exactly what I had!! The DCA is still pusuing a court claim, has come up with an application form and I assume is hoping that will be enough even though it doesnt contain prescribed terms. I guess it will just be down to teh judge on the day! And yes, they can provide a 'true copy' omitting signature, etc, but if the case ends up in court, they will have to produce the original document. try writing and asking them if they are in possesion of the original - I have tried this with one creditor and they never replied - that was almost a year ago! Sorry cant help with your other questions but I'm sure someone will eventually - you've come to the right place! Good luck
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