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Browneyes1929

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  1. They've sent me a letter of claim a few times before and never taken me to court. I've been really busy with work. I'll send them tomorrow, I promise. I feel like a pro after my "one" previous success so have become too complacent. One quick question what does LiP stand for?
  2. I will be sending off the CPR and CCA letter tomorrow recorded delivery. And I'm planning to put in the following defence Particulars on MCOL, If someone would be kind enough to check it for me I'll be eternally grateful. 1. The Defendant contends that the particulars of claim are vague and 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. I have in the past had financial dealings with Barclaycard . I am unaware of what account the claimant refers to. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. 3. Paragraph 2 is denied. I deny having received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit Act. I also deny having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act. 4 That this debt was assigned to Hoist Portfolio Holding Ltd is denied. I can’t recall ever receiving any Notice of Assignment or ever having being approached pre litigation with regards to this alleged debt. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. 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. 8. 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 If I submitted my defence today on MCOL will the court not class it as being received until tomorrow and if so will that be held against me?
  3. Name of the Claimant ?Hoist Finance UK Holdings Date of issue – 21/8/2019 +19days + 8/9/2019 - AOS filed on MCOL on 8/9/2019 +14days = 22/9/2019 defence due today Particulars of Claim What is the claim for – 1.This Claim is for the sum of £2200 in respect of monies owing under an agreement with the account number xxxxxxxxxx pursuant to the Consumer Credit Act 1974 (CCA). 2.The debt was legally assigned by Hoist Portfolio Holding Ltd (Ex Barclaycard) to the Claimant and notice has been served. 3.The Defendant failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA. 4.The Claimant claims. 1. The sum of £2200 2.Costs What is the total value of the claim? ? £2400 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes 17/7/2019 Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?Yes Did you inform the claimant of your change of address?Yes 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 ? Before April 2007 Do you recall how you entered into the agreement...On line /In branch/By post ? no Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes 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. It is the Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?yes 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? April 2014 What was the date of your last payment? 25 April 2014 Was there a dispute with the original creditor that remains unresolved? No as far as I know although 1. on the 24 October 2018 Barclaycard sent me a letter telling me they were refunding interest and default fees. "following a recent review of our operating procedures we have Identified that for customers who had fallen be hide on the payments, we did not always meet our expected standards for assessing customers circumstances or engaging with them." They asked Hoist to reduce the outstanding balance which is reflected in the amount they're claiming. 2. on the 29th August 2019 I put a claim into Barclaycard for any PPI paid on the account. I doubt there is anything due although I can't check as I'm missing some statements, I think Barclaycard switched me to paperless billing without my consent for a while then I made them switch me back. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes March 2013 made a few payments then fell behind again.
  4. Hi All last week, my friend received and letter from PP legal for unpaid parking again for the same original notice!!!! It beggars belief that they think this is fair. They quote Parking Eye v Beavis, no idea why as it has been to court, they lost and the district judge refused leave to appeal. Is it worth his sending a letter asking them not to write again. What is the usual response to this harassment? Thank you
  5. An update for you folks. We went to court last week and......my friend Won!!!!!!! Yay!! Some interesting points the Judge raised that I hadn’t even noticed. 1. The sign was situated a good 3-4 foot from the machine. This meant my friend was forced to move away from the machine to read it. 2. The sign made only two methods of payment prominent cash or by phone. This meant paying by debit or credit card was not obvious. Ergo she said the sign was misleading. 3. On the print out that supposedly showed people had paid either side of the times my friend was in the car park (I noticed nobody paid while my friend was there), it did not say how they paid (cash, phone or card) so this was not an indication that the machine could accept coins. At the very end the solicitor asked for leave to appeal. The judge asked incredulously “on what grounds?” So he pointed out the “very small writing” under the photograph that said you could pay by debit or credit card with a surcharge. The judge looked at the photo and said she couldn’t read it so was refusing but he was welcome to fill out the form and see how far he got. Couple of questions 1. if they are given leave to appeal does it get taken out of small claims track and could it then get expensive for my friend? 2. When applying for advertising planning permission does the fact that the signs are misleading get taken into account? Is that why parking companies have not bothered to apply until their hand is forced? This company applied for retrospective planning permission to use the land as a car park a few years ago 2015 (original permission expired in 2010 as it was only temporary), but never bothered with Advertising planning, you would have thought they would have done the whole lot at the same time.
  6. Thank you for that info. The witness statement will be served by email in the next hour. As the claimant has put copious amounts of photos and maps as well as exhaustive copies of every correspondence in evidence does my friend need to?
  7. Oh and they’ve finally sent a print out from the machine showing people apparently paid around the time my friend was there.
  8. Just seen their witness statement served today and they have copied government guidelines that give the impression that as carparks are on enclosed land the signage is exempt from planning. Is there case law to disprove this and what situations (if any) does this apply?
  9. so my friends case is on the 3rd of April and we've not served a witness statement yet. in fact not received one from them. Weirdly they sent an offer after the notice of allocation to the small claims for £125 in the spirit of the Judge asking to "try and settle the case" and before the "trial fee" became payable. Then when my friend didn't pay they sent a letter with a copy of the cheque sent to the court which I thought was strange. Is that usual? I'm uploading a redacted copy of the witness statement. Does he need to enclose any copies of correspondence as evidence? I'm also enclosing a redacted copy of the cpr response not including letters already uploaded as they sent very little new info. Can someone confirm the case law quoted is ok and also if law needs to be quoted re planning for Signage. Where they say about not coming under planning because it is Private land seems weird as there is planning permission granted by sefton for use as a carpark (Albeit retrospectively after operating for 5 years after the expiration of a temporary planning permission). There is no mention of signage on any of the council Planning application documentation. Witness Statement.pdf Premier_Park_CPR_Response_redacted.pdf btw like the new website
  10. ok folks quick question. completely forgot to send in the N180 form, luckily the court has given until the !7th Dec to file it. I just want to check does my friend tick for mediation or not? The PPC have responded to the CPR request of which I'll upload the details later today. They've enclosed "the relevant pages from our contract with the land owner" otherwise there is nothing interesting, nothing to prove the machine was working and one paragraph stating why they've omitted the rest of the contract "Please note these are not subject to the Town and County Planning (Control of Advertisements) (England) Regulations 2007. This is due to the same being on enclosed land which is excluded from the direct control of Planning Authorities." Can someone clarify this situation for me? They do have planning permission for use as a carpark although there is no mention of signage. I'll upload a copy of that later too and photos of the signage. As i said I heading round to my friends now so we can fill in the N180 and get it served. Also for future reference when my friend does go to court can I go in and help him in front of the judge or will he have to go in by himself?
  11. That's crazy but cool at the same time. I think any future career as a spy or encryption expert will have to go on the back burner. No idea if this works as I can't test it otherwise it will have to be old school. stickers and rescan. docs1.pdf
  12. I didn't I converted it to a .tff changed that then saved that as a pdf for a couple of changes (where i'd left a teensy bit showing which supposedly isn't reversible, the rest i stuck two blank white stickers and used black biro to scribble on those. i'll be an expert soon. thanks
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