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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Martyn1984

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Everything posted by Martyn1984

  1. Martyn1984
    So how do I proceed with these pap letters? thanks
  2. Martyn1984
    What should I put for dispute reason? thanks.
  3. Martyn1984
    No disputes or anything just simple lost job couldn’t afford payments at time, sent token payments each month once sold to dca and eventually just forgot to keep paying each month. Yes we also moved. There wasnt any ppi on the cards that she can remember.
  4. Martyn1984
    Arrow Global is the DCA
  5. Martyn1984
    Hi all, Wife has 2 old account (Santander store cards) she says has just received 2 PAP letters from drydensfairfax. Store cards were taken out in 2009 but I was making token payments until about 2016 so they are not near SB. One is for about £650 and other £350. I’ll return the PAP letters (ones from this site) and CCA request them, what’s my dispute reason for box D? No information or proof relating to the alleged debt has been provided? Many thanks
  6. Martyn1984
    I will do DX Dodgeball, what do you mean? Is this claim being dismissed not an end to the matter?
  7. Martyn1984
    So today was court day... We arrived, rent a solicitor arrived he asked to speak to us. Basically he wanted to make a settlement... for the full value, err no thanks. He tried to use some BMW legal case to say using the default date is correct and that the case wasn't SB. So we went into the court room, the judge absolutely tore Lowell’s to shreds, she wasn't happy with them generally for their lack of paperwork and pointed out they hadn't produced a notice of assignment section 136. Solicitor was nearly begging her for an adjournment, she refused saying time after time she has told Lowell they should be producing the correct documents. The solicitor even tried to say that WE hadn't disputed the fact there wasn't one! The judge was not impressed with that... she didn't even get to our defence or the question over it being SB...CASE DISMISSED MANY THANKS to all who has helped on here couldn't have done this without the help on this site!
  8. Martyn1984
    Court date received. Is there anything we need to do to prepare for this date? Do we take a copy of all documentation? Thanks as usual.
  9. Martyn1984
    Received the copy of BW Legal WS today... Claiming that the default date is the cause of action and as that was 8th June its not SB'd...... we haven't replied to them or given any reason why payments were not made blah blah and ask the court to strike out our defence. What now? Do we just wait for the court to send us the date and go and see what happens?
  10. Martyn1984
    Once I’ve finalised the WS, should I send it straight away or is there any benefit to holding on a while? Thanks as usual.
  11. Martyn1984
    Excellent thanks. Is the receipts for the signed for enough or would a screenshot with signature be useful also? Should I also print a copy of the PAP I returned and add that?
  12. Martyn1984
    Received the notice of allocation to the small claims track requesting witness statements and copies of documentation. The letter doesn’t have a court date it states we have until 25th December at 4pm (of all days!) to provide WS and documents and once received a notice will be sent with date and time of hearing. I’ve had a look about and to be honest I’m a little lost with writing the WS, as it’s statute barred what am I meant to put in a witness statement bearing in mind I don’t really have any documentation. I only have copies of the PAP I returned and Royal Mail signed for receipt to prove it was signed for, same for the CPR request, they never replied to either. I have a copy of the statement with the last payment that they provided, is it worth showing that? Many thanks.
  13. Martyn1984
    No phone call today but logged onto moneyclaim website and today the case was allocated to the local court so I guess it’ll start moving forward now. With regards to the BW letter and documents, do I need to do anything? Thanks
  14. Martyn1984
    She’s spoken to the court who didn’t actually know what was happening? Nothing further has happened since we said no to the mediation. Been told they are going to look into it and call us back. At least we haven’t missed any documentation or important dates.
  15. Martyn1984
    Ok I’ll get my wife to give them a call. What about this BW Legal letter?
  16. Martyn1984
    No. We haven’t heard anything from them since the last time I posted about the mediation. When I check on the moneyclaim website the last thing it says is directions questionnaire received from claimant back in May. Is this an unusual step they’ve taken?
  17. Martyn1984
    Hi all, Letter received from BW Legal (hopefully attached) making an offer. 5 pages into the Ts & C’s it has what looks like my wife’s details pasted in (the border on the page goes missing next to the details). It also shows it was signed by Vanquis nearly 2 years after it was taken out? They have also provided statements which show the final payment made to the account 28th Feb 2012. How do I proceed with this, ignore and wait for more court documentation? Thanks as usual. Photo .pdf
  18. Martyn1984
    Hi all, Just after some advise as this may be a bit different to other people cases. Today I received a Parking Eye "Parking Charge Notice". It's my car which my wife drove to take me to hospital, she paid using the Pay By Phone app, however she entered her cars registration by mistake. I worry she done this again the following day also! I've appealed and sent a copy of our proof (screenshot with incorrect registration on it) but now I'm wondering should I of come here first before quickly rushing into an appeal? 1 Date of the infringement - 13/09/2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 27/09/2018 3 Date received - 01/10/2018 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] NO 5 Is there any photographic evidence of the event? YES 6 Have you appealed? {y/n?] YES APPEAL - I have received a Parking Charge Notice for my car, which my wife was driving at the time taking me to hospital. We made payment using the Pay By Phone app, and once I received this letter have only realised that payment was made however it was made for our other car (*OTHER REG*) as my wife has often used her car to make payments as she has been to the hospital a lot recently (as I’m sure you can check by her registration). Unfortunately this has been a simple error and I attach proof that the payment was made and you'll be able to confirm this as her car *OTHER REG* did not enter the hospital car park on this day. Have you had a response? [Y/N?] NO 7 Who is the parking company? Parking EYE 8. Where exactly [carpark name and town] - Sunderland Royal Hospital
  19. Martyn1984
    Ok. I’m guessing they will go for it with this being a response to the pre action protocol I returned. Will wait and see what comes next...
  20. Martyn1984
    Well it says 14 days notice of their intention to instruct their solicitors to issue court proceedings. Just checking the best way forward. Thanks. Or is that the magic word... intention?
  21. Martyn1984
    Hi again, Today received a further letter claiming they haven’t heard from me and giving me 14days before they issue court proceedings. Is it not worth a last attempt at avoiding court and send them a letter saying again its statute barred and they are fully aware payments not made by me don’t count? Or is the best plan as previous post and continue to wait until I receive court papers? Thanks again.
  22. Martyn1984
    Ah right.... I’ll get her to ring. Thanks.
  23. Martyn1984
    Hi. My wife received a call this morning from the court mediation making an appointment for next week. They’ve sent her an email containing all the things needed for the phone call. As the defence is this is statute barred what am I exactly meant to prepare for her for the mediation call? Many thanks.
  24. Martyn1984
    Received a reply to the PAP today claiming it’s not statute barred as a payment was made in June 2014, yes that’s right by a 3rd party in error and was returned to them about 3 months later... nothing to do with me. They point out it was defaulted end of August 2012. The 23rd April 2012 was the last time I actually used this account to make a payment myself. .... How do I proceed? Do I write to them and point out when I actually last used the account and a 3rd party making a payment doesn’t class as me acknowledging the debt? Or just sit and see what they do next?
  25. Martyn1984
    Ok thanks will get that done. And I just leave box I unticked as don’t need any documents from them with knowing it’s statute barred? Don’t want to get anything wrong so just double checking. Thanks again.

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