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mrcooper

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Posts posted by mrcooper


  1. Quick update, after appealing the PCN using their process we have received a Parking Charge Notice - Cancellation letter. My other half is impressed, he said if it had been up to him he would have paid up and not questioned it.

     

     

    As a quick aside I did go into my local Asda, (not the one where they claimed that I was parked) and was told by the Security guys "nothing to do with us and anyway it's only one bloke who does all of the local car parks, he probably just forgot to switch the button to the right site!" - really helpful!!!!

     

     

     

     

    Thanks for all of your advice guys and girls


  2. Good morning

     

    Looking for some advice bout this company. My partner is the owner of my car but I drive it and use it for work..he has his own car.

     

    When I got home from work last night there was a letter from Smart Parking Ltd:

     

     

    Now, I know that I definitely did not use this store on this or any other date in the last 2 years.

    It is located at least 7 miles from me, across a very busy town centre (I have a large local ASDA about 2 minutes down the road from where we live so use that one).

     

     

    In addition, I would have been leaving work at about 5.15pm on a Monday and as I work 20 miles away

    I cannot see how the car could be in 2 places at the same time!

     

    My partner is understandably upset about this as it is in his name and he has just got his credit rating back on good standing.

     

    Can anyone please give some idea of what to put in writing in this appeal

    - they have sent no evidence..how can they?

     

     

    You can't put a ticket on a car that was not physically there!

     

    MC


  3. OK ..quick update. Received a letter yesterday from Cabot advising me that Marlin have now passed my account back to them

    and that I really should call them and sort out payment as they have been trying to resolve my problem for a while now.

     

     

    No mention of trying to take me to court and then discontinuing a month ago !!!

     

    I intend to ignore it unless they start to go back down the road to court again.

     

     

    I think that I read somewhere that they would have to have a different PoC from last time if they want to do that?

     

     

    The only thing that has changed is that they have added their fees for issuing a claim onto the current debt total.

     

    Is this the right course of action or should I be copying their letter about 'currently unenforceable/notice of discontinuance to Cabot.

     

    Any advice greatly received


  4. OK...so I know I am relying on them to have some sort of common sense about what they can produce but would appreciate any advice on whether to accept/ or not the change of track and whether I should just stick to my guns and get them to full disclosure stage ( in receipt of an SAR acknowledgement request fulfilment from O C on the 8th May which should be really interesting!) for all sorts of reasons


  5. Wouldn't you rather it be SCT?

     

    It just seems weird to me that they have chosen to instigate possible court proceedings for an amount which

    ,if you follow the rules, should be automatically assigned to Fast track,

    which is evident in my receipt of the N181, because they have the documentation to back it up..and they want a further 3 months on top .

     

     

    They are asking for a court date near to Xmas.

    .if they have something why have they not produced it after telling me in writing that the debt is unenforceable

    and then still going ahead?..

     

     

    I am happy to fight this as I am in the unenviable position of having absolutely nothing to lose with a partner backing me to the hilt..

     

     

    ...I understand that SCT is a less risky option with regards to costs but if they have nothing enforceable will they really risk me getting a judge who is knowledgable on CCA ?


  6. Hi andyorch

     

    1st attempt below - edited from one of yours I think:

     

    Inthe Northampton County Court

    Claim number xxxxxxxx

     

     

    Between

    Cabot Financial - Claimant

     

    and

     

    xxxxxxxxxx - Defendant

     

    Draft Order for Directions

     

     

    The Claimant must clarify the case set out in thedocuments sent to court so far. That party must deliver to the defendant andthe court office by 4pm on …….

    Written details and copies of:

    (1) The original credit or other agreementbetween the defendant and Lloyds TSB which complies with the Consumer CreditAct 1974 and all subsequent regulations, which the claimant seeks to rely upon.

    (2) The default notice compliantwith s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Defaultand Termination Notices) Regulations 1983 (SI 1983/1561) as amended.

    (3) A full statement of account settingout how the debt is calculated.

    (4) Document,contract or deed of assignment with proof of service of the same compliant withs196 of the Law of Property Act 1925.

    (5) Copiesof any statement or other document relied upon.

    (6) The original documentsmust be brought to the hearing.

    If the Claimant fails to comply with this order, the claim will be struck outwithout further order with costs in the case.

     

    The Defendant shall thereafter file and serve the following:

     

    (7) An amended defence sufficiently particularised in response to the documentssupplied by the claimant.

    Not sure whether (6) is worth adding? I am still waiting for Lloyds to send SAR documents. Also, something wierd going on with my Experian credit history too, amounts go from £15k down to £0 for 2 months last year then go up again to £12k ,£3k less, not sure whats going on there at all!

     

    Another question, is it worth another letter to Cabot reiterating that surely they should be able to comply with my CCA request now that they have initiated court proceedings?


  7. Quick update

     

    - the court have advised me that they have received Cabot/Weightmans intention to proceed

    and that a N181 form is on its way to me vai snail mail.

     

    They were kind enough to email me through the form though so that I could have a look at what is required for the next step.

     

    I can do the form but have a question about the Draft Disclosure list.

     

    ..do I list everything that I want to see from them as per CCA/CPr31.14 requests already sent to them (still no compliance)

    or is that done later in the process?

     

    trying to help myself as much as possible and have been reading other threads and saw your advice to others about this stage..

     

     

    I have had a look at the post on http://www.consumeractiongroup.co.uk...received/page4 as you suggested for the others,

     

     

    my question is probably a little stupid but

     

     

    in the example posted Point 3 is By ? on ? etc.

     

     

    Who should I put me or Cabot and in which order please?

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