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fred12345

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  1. Notice of proposed allocation to the small claims track form.. as gladstones are going in for the paperwork only route with no sit in hearing, I'm to disagree with this route? On the form do I tick the box "yes" for C1 "do you agree that the small claims track is the appropriate track for this case? No to mediation? Cheers
  2. ATA logo not present on any sign. The company name, address (p.o. box) and phone number is present. I can't get the images here! No idea how
  3. I've been out and snapped the signs. Here as follows what there is around the car park. X7 small signs 12x12 inch dotted around the car park. These are placed in areas where cars would obscure the view if parked. Theses read, Mon - sat these bays are for the use of st micheals permit holders only. Vehicles without a permit maybe subject to sanction. For details please see the car park management sign. X3 signs (1 on the enterence) the other 2 very near by. The large print can be seen on using Google street.. by entering or remaining on this land you agree and abide by all the terms and conditions. Breach of any term and condition will result in the driver being liable for a parking charge of £100.. .the terms read; parking charges to be paid within 28 days. Card payments are subject to £1.50 processing fee. Additional parking charges apply for each 24hrs period, or part thereof, the the vehicle remains in breach or if it returns at any time. Terms and conditions apply 24 hours a day all year round. Where a parking charge becomes due an application to DVLA may be made for the keepers details. Non payment will result in additional charges which will be added to the value of the charge and for which the driver will be liable on a indemnity basis. Anpr may be in use. Images may be captured and retained for enforcement purposes. We are not liable for losses etc.. .. These signed are 18 × 24 inches. The main entrance sign is higher than 6 feet on a pole. One single sign near the far corner of the car park reads; Private property.. terms with parking without permission you do so at your own risk to property and personal injury and you are contractually agreeing to pay a parking charge fee. The following fees apply. Parking charge notice.... £90 per day or the reduced charge of £60 if paid within 14 days.
  4. Thanks dx. Will get that out to them today. Thought I had it all covered! My defence does cover all the usual areas in these cases as I gave it all a good read when the claim form arrived. I have requested docs from them already though it was written down in a paragraph in my defence not under a CPR. Cheers for the help so far
  5. Around the back of the church the lane leading into the carpark is known as Elbow Corner. Thats the only way in or out. Any links for a suitable template for CPR 31.14. Run through google and most are mixed up or only suitable for getting ready for filing a defence (which has already been sent) is there any cost to pay other than postage?
  6. is there a specific way to word the CPR 31.14 request? I have a blurry shot of the carpark entrance sign taken from in side my car a few weeks ago - I stopped right in front of it! so that tells you how clear its worded and its position. Parking charge of £100 is the only mention of money on it. I will get a clearer shot of it and all other signs around the carpark.
  7. Car park is; Land at St Michaels Church- St Michaels Church, Church Square, Basingstoke, Hants Rg21 7QW
  8. date of issue 4th October. Do I need to name the car park on this thread? is it safe to do so? No other letters to the build up of a claim form were received, not moved so no change of address - though the postal service isn't great here! The vehicle is registered in my wife's name and is only used by one family member who is under the age of 18 who can't be the registered keeper as the law states. The only sign to the entrance of the car park is sighted on a pole around 7ft in the air with other dotted around in places where parked cars would block their view. The carpark issues windscreen tickets. Particulars of claim are: 1.The driver of the vehicle registration number ***** (the vehicle) incurred the parking charge(s) on */03/2017for breaching the terms of Parkinson land at ************ 2.The defendant was driving the vehicle and/or is the keeper of the vehicle. 3.AND THE CLAIMANT CLAIMS £160 for parking charges / damages and indemnity costs if applicable, together with interest of £6.49 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to judgment at £0.04 per day. amount claimed £166.49 Court fee. £25.00 Legal rep cost £50.00 Total £241.49 Happy to share carpark address if good to post! My defence is made up from the usual main defence thats common on this type of claim. I have requested copies of any said letters including NTK (if they ever sent them out) inc. proof of postage of said letters before continuing with any claim. Nothing received. Yesterdays letter arrived from the court - Notice of proposed allocation to the small claims track. Todays letter from Gladstone states; We act for the claimant and have notified the Court of our clients intention to proceed. Please find enclosed a copy of our clients completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on papers and without the need for an oral hearing This request is sought simply because the matter is in our clients opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. we trust you agree. You will note our client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our client would be happy to listen to any genuine payment proposals that you wish to put forward. Hope this helps
  9. I will update this evening with all relevant information. I be also received a letter from Gladstone today with the direction questionair contained. Do I need to post up here the car park in question?
  10. I've been dealing with a parking charge claim form that turned up unexpectedly a few weeks back.. For the heads up no other letters were received before the claim form arrived. I have filed a defence on claims that no other letters were received before the claim form. The particular of claim is worded as all others (registered keeper is the driver etc) among other things related to car park contracts/signs etc using some templates for a suitable defence The defence was filed on time and today a notice of proposed allocation to small claims track arrived. The option of mediation is there. Help needed on what move is next.
  11. One of the tactics to stall payment to me was requesting that I send copies of my original quotes for extra works and the original email thread with the original quote. This is now in their receipt so realistically they're in breach of my terms of invoice? Am I correct in thinking that the sales of goods act ( or similar) comes into force? I wondering the fact that using the "I want your insurance docs first" seems like blackmail in a way. I will request pictures. Also my insurance works on taking my statement and likewise with them.
  12. Any views on if I'd be in my own right to withhold my insurance until I was paid?
  13. The work was painting of a hall, stairs and landing. All work was completed 18 days ago with the invoice now being 11 days overdue. (Not a huge amount of time I know) the work was started 2 weeks before Xmas a day a part payment was put in on the 23/12 - this too was delayed. All my invoices state payments to be made within 7 days. It is the public sector ( domestic ptoperty) This particular client has proven to be very difficult to work for as knowing other trades working on the property have been left in the same situation. The damage I'm accused of is paint on the carpet. 2 spots were pointed out to me - about the size of 5 pence - not sure if it was paint as I managed to rub off with my nail and totally gone. They want to claim for cleaning or replacement due to "damaged by cleaning" in his words. Unfortunately I have no pictures of this apparent "damage" I have no issue with giving my details of insurance to them but I'd sooner them settle my overdue invoice before i do so.
  14. Not sure if I'm in the right place or not. I'm a sole trader in the decorating industry mostly working on the public sector. I have recently finished a job and the client is well past the deadline for paying my invoice. Having nudged him to pay up he has now thrown a spanner on the works asking for my liability insurance due to damage to carpets - Which is believe is false. He has now stated that he's not paying me until he's got my details. T o which I've refused to pass over until I've been paid. Am I right to do this? I see this as an opportunity for him to sting me twice. Any help appreciated.
  15. Following the massive discount offers comes the letter of discontinuance. Another attempt to fleece someone failed. Happy Friday
  16. Update.. since the new year ( 1 year on from the claim date) rectums have sent out 2 more reduced offers. The first offer halved the amount being claimed, ignored! The second offer is that halved amount halved again! Lol. If they keep up that game every month I could be on a winner here!
  17. update; Over the past few months Rectums have sent a few letters, s ome being reduced payment offers and some saying "their client is awaiting the response from the original creditor in response of the CCA request i made so account is on hold" .. um I've already received a poor recon copy (sent to a wrong address) I haven't responded to any off it. today in the post from Rectums is another letter, with the previous one included - stating " We note from reviewing your account we have yet to receive a response to our last letter putting forward a settlement offer whereby I pay £*** inclusive of fees and costs in order to conclude the Court proceedings. In any event, our Client is still keen to settle the matter amicably and would like to offer me a further 14 days to accept the offer blah blah. . If such an offer is accepted, you will not be pursued for the remainder of balance blah the client will update the credit file of the status of the account.... Alternatively, our client would be willing to enter into a Tomlin Order with yourself whereby the proceedings will be stayed in order for monthly repayments to commence. If this is of interest to you blah blah" Am I looking at a desperate DCA who would like some money but don't have the relevant documents to proceed? The claim was issued in Dec last year! Continue to ignore? Views anyone?
  18. No but i shall get that out first thing. Just to confirm I get the SAR to the right place - it is vanquis it's sent to and not cabot?
  19. Ah do you want me to copy up the T&C's? Happy to do so but they are on about 10+ pieces of a4. As you mentioned the spreadsheet for charges I have done that but I have approx 5-6 statements missing from my own copies I've kept I haven't listed charges from those missing statements.. would it be wise for me to request an sar from the original creditor?
  20. No word from the claimant or sols but I've just had a thought.. The cca request made to them was sent to an address which isn't mine. The door number is correct to my current address but is added to my old address.. As the docs cabot sent out to me are not compliant do I need to reply to them stating this is the case? Along with the fact they sent this to an address which isn't either my current or previous address? Or just sit and let them think they've complied? Also ive read that a dca with debts after 2007 being put through the claim process can use a recon cca, is this so? And is mine a good enough recon for them to possibly win if it ever gets to that stage?
  21. Thought as much. T&c's are on about 20 pieces of paper. I still have the original t&c leaflet from when I took out the card. It's the same text in the leaflet thats printed out on individual pieces of a4 paper.
  22. Will do that in the morning.. What documents exactly should be supplied in the cca request?
  23. Just read through a thread posted by spacedood which is similar to my cca response. Anyone shed light if the documents provided comply with request I made? Sorry if I'm nagging but want to be prepared if this get allocated. Thanks
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