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  1. Hi I'm new to this forum. I've searched for over an hour on what to do today and there's lots of conflicting advice about whether I should ignore my ticket or appeal it. Here's the answers to the questions I think you want me to answer: 1 The date of infringement? 16/4/16 12:21 2 Did you appeal to the parking company? Not yet If no, have you received a Notice To Keeper? (NTK) Did the NTK provide photographic evidence? No 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) N/A 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? N/A 5 Who is the parking company? Elite Management (Midlands) Ltd The charge is for £100 is paid within 28 days and a reduced amount of £60 if received within 14 days. I've heard somewhere on TV from Martin Lewis that all I have to do is offer £5 for trespass. Is this true? £100 or even £60 seems rather a high amount for what was a quick stop in a car park. Admittedly the parking space was for staff of HBOS but there were lots of parking spaces empty and the same when I returned so it's not as if I was causing any problems to them although I appreciate it was a bit cheeky of me. What would should I do? Should I reply and appeal within 14 days or pay within 14 days or ignore or offer £5 or what? Thanks, Paul
  2. i have submitted a Acknowledgment of Service via MCOL Can anybody please advice on how to defend my claim and what steps i should take please? Thank you In order for us to help you we require the following information:- Name of the Claimant ? Lowell Portfolio l LTD Date of issue Date of issue 11/1/16 What is the claim for Particulars of Claim 1) The Defendant entered into an agreement with Vodafone under account reference ('the Agreement'). 2) The Defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The Agreement was later assigned to the Claimant on 10/10/2011 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £490.08 remains due and outstanding. And the Claimant claims a) The said sum of £490.08 b) Interest pursuant to 569 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue. accruing at a daily rate of £0,107, but limited to one year, being £39.21 c) Costs What is the value of the claim? 659.29 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile phone When did you enter into the original agreement before or after 2007? I have no knowledge of the contract 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. - Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No notice was received too my knowledge Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? No knowledge of the account What was the date of your last payment? ? No knowledge of the account Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?
  3. Hi all, Wondered if you could give me some advice. I was in Grahame Park in Hendon today and needed to pop to the Sainsbury's local store. There was a lay by to the side of the store which had cars parked in it already and I pulled in, was just about to get out of the car and a bloke walking past said "Don't park here mate, its a loading bay and they are taking pictures of the cars". I thanked him and got back in the car but as I was pulling out into the traffic, a woman appeared and took a picture of my car and the registration plate. I went back there later (without the car!) and fair enough, there are 4 signs up but they are at least 10ft in the air and the wording of them is tiny, there's no way anyone could read them without getting on top of them. They say the usual about agreeing to pay consideration in the form of a parking charge, £100 and £60 if paid within a time period etc. I must have only been there for about 3 minutes at the most and there was no ticket put on the car but what do you reckon I should do? To make matters more complicated I've only just moved and the car still registered to my old address! Any advice would be much appreciated, Thanks
  4. I got a ticket in February for stopping in a no parking area obviously they rejected my appeal it is currently in the hands of the IAS with no decision yet made, today i got a Balance Due Demand for £125 (up from the original £50 for a quick payment) even though its still in appeal, any advice greatly received. Thanks Paul
  5. Hi guys. This is my first post here and so be gentle !! Last week I received a demand letter from Debt Recovery Plus (DRP) stating they are writing to me of behalf of their creditor (G24 Ltd). It states they are writing to me due to no response received to their previous correspondence and are demanding I pay £160 parking charge ! The thing is, this is the first I've heard of the parking charge/fine (dated 5th Nov 2015). There has been no correspondence received. I have also revisited the site (England) to inspect the disclaimer sign, which states the fine is £100, or £40 if paid within 14 days. Naturally, I rang DRP and explained I have had no previous correspondence and as such was completely oblivious to the parking fine. He then said "Well you're now outside the 28 day appeals window" !!. I then questioned him as to how I can appeal a situation I had no knowledge it existed !! To which he had no answer, obviously. At this point I also had no evidence of the offence I had allegedly commited so I asked for this, which they emailed me at the weekend (two images of my car parked outside the lined bays). I replied to the email thanking them for the evidence but also stating that I will not be paying £160 because I received no initial paperwork and was not given the opportunity to settle the matter at the reduced rate. I then received a reply which I will copy below, which says they still want the £160.... Start of letter........ Thank you for youremail regarding the above Parking Charge Notice (PCN). The time to challenge the charge has now expired and therefore access to the Independent Appeals Service (if applicable) is no longer available. However, in order to resolve this matter, I will offer the following comments as to why this PCN was correctly issued and is still payable. My findings The site in question is subject to terms and conditions, which are stated on signs throughout the area. Those signs state that all vehicles must be parked in authorised areas. On the date in question, the vehicle was parked in an unauthorised area and a PCN was correctly and legitimately issued as a result. Correspondence Please note that a PCN was sent to the vehicle’s registered address for notification purposes. If there has been a problem regarding the delivery of this document, this is a matter to raise with your postal service. Under The Interpretations Act 1978: Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. Your obligation to notify the DVLA of a change of circumstance Regarding your details, I must stress that it is your obligation to ensure any of your details held at the DVLA are correct. If a delay in communication has resulted from a failure to do so, our company cannot be held accountable. What you need to do now Please ensure that £160.00 is paid by 24th March 2016. Payment can be made online or by phone. Go to 'link removed' or phone 0208 234 6775. You can find full details of how to pay on the reverse of the letter(s) sent. What will happen if you do not pay what you owe If the amount is not paid by the date shown above, we will recommend to our client that court action be taken by them to recover the outstanding balance. What if you do not agree Although any correspondence that does not provide further evidence will be noted and retained, I cannot guarantee that we will reply to it. End of letter...... Surely they cannot force me to pay £160 when they cannot prove I received the initial PCN ? It also rages me that they say if I haven't received the initial PCN, then I need to contact my local postal service ! They're the sender, it's not my duty to ensure delivery and how can I query unsolicited mail ? Any help/comments guys would be much appreciated. Kind regards
  6. Just checked my credit file today. Original Credit Card debt defaulted with OC December 2010 stopped paying monthly repayment plan last year so not SB. Debt passed to Cabot. Requested CCA - details not provided and unenforceable. Cabot have now entered another default status January 2016 ? Can they do this ? Thanks
  7. Hi All, This PCN has all changed since I last used it!! My wife borrows my car for work sometimes, she received 2 PCN from above co. She was parked in a friends spot at her house with friends permission. 1st was 6 Feb next was 27 Mar 2014, just received NTK dated 30 May. is this not late? Letter states that if I use POPLA (not that i will, as I was not driving) I forfeit the cheaper rate etc. Do i contact them in any way i.e lateness of letter or just to say I am not the driver Many Thanks
  8. Hi everyone, I'm not sure if there is anything I can do but I've been directed to this site just incase.. I had an old lloyds tsb credit card that defaulted in 2008 and was sent over to Ind Ltd, they did nothing for 3 years then decided to send me a ccj form from Northampton county court. I made an offer of payment which was accepted, I didn't end up paying and fast forward to 2015 I was taken to actual court and another amount was set to pay (which I have been) I rang them today to get a balance and just as an enquiry I asked for a breakdown of all the added charges as I thought it was very high considering I have paid £300 off the balance. The breakdown is as follows.. They took the debt of £2165.77 on 12/11/08 (NOT bought) 16/09/2011 £75 Court fees 16/09/2011 £80 Solicitors Issue notice 16/09/2011 £492.77 Their own interest 06/10/2011 £40 Solicitor judgement fee 14/03/2012 £50 OE court fee 27/02/2015 £50 OE court fee I've been told that they shouldn't have added almost £500 interest as they dont own the debt, they are collecting it on behalf of Lloyds tsb.. Is this correct and is there any way I can have the interest charges removed? I understand that I need to pay the debt and I'm making monthly payment but if they are breaking the law then surely there should be some way of removing the interest? I have none of my original court papers as the debt was my exs (all in my name) and I firmly stuck my head in the sand for a long time.. Thank you in advance for any advice.
  9. Hi - I have just received in the post a claim form from County Court Business Centre issued on 13/08/15 for an alleged debt for Shop Direct from Lowell Portfolio. The form has no official stamp and does not have a signature only a typed name IAN MARSDEN which it says is the claimants solicitor, who are Brian Carter Solicitors. Is this form genuine? I have never received any proof of this debt. I have just tried the contact number 0300 123 1056 and it just rings (its Saturday). There is something on the form that says I should go online to moneyclaim.gov.uk and it also gives me a password. HELP!!! Sharon PS : FYI you helped me out with a Lowell claim quite a few years ago and they wrote back to say that they would be writing off the alleged debt of +/-£2000, so your advice most definitely does work!!!
  10. I am asking on behalf of a friend. He has got a NTD for parking on double yellow lines of a road. The road is public accessible so I would assume it is a public highway. He happened to see the employee putting tickets on all cars up the road and apparently he even said it is a public road and he shouldn't park there. He has also got a letter from the council to say he is allowed to park there. It's a new build estate, and as of today, Google street view doesn't show the road. The company on the ticket is "UK Parking Management Ltd" and is defiantly not a council issued ticket. I would assume it is not a private road as I have been there myself, and it is not sign posted anywhere, other than the double yellow lines. I am awaiting images from my friend who is sending me a copy of the ticket, and the letter he received from the council about parking there. I have advised them not to pay anything, and not to contact the company until the NTK arrives in the post. I would like to know peoples initial thoughts on this. Thanks
  11. My girlfriend(RK) received a NTK(attached) from Athena ANPR Ltd for 'Exceeded Free Parking Duration' at Lidl. The limit was 90 minutes but we exceeded by 12 minutes. Incident Date is 08/09, NTK issue Date is 10/09 and it hit the doormat on the 12th September. I was driving that day. As many times in the past, we waited for our daughter to finish her guitar lessons nearby, after we done some shopping at Lidl. My girlfriend(RK) paid for the shopping with her Credit card. She doesn't have the Lidl receipt but the transaction shows up on her credit card statement. Is it worth appealing? Please advise.
  12. Hello there, I know this will have been asked time and time again, but I just wanted to get the latest on where we stand with our friends Athena ANPR Ltd. Basically I got a ticket while parking in Lidl last week for longer than ten minutes as I thought it was still under the 90 minute ruling. I don't have the money to pay this - hence I paid somewhere I thought was free... It seems the advice to ignore it has now changed, so what is the best course of action? This particular Lidl seems to require you to give your number plate in at the till, however no receipt is issued after. I would happily ignore it however it is still under my mum's address and she will worry about people knocking at her door. Also, one more thing, if I was not driving, do I have to name the other driver by law? Thanks everybody, Oasis Joe.
  13. Hi, A friend of mine receive a Parking charge through the Post, i have attached a copy of the ticket they have received by post. No ticket was issued on the vehicle and there is no CCTV camera or ANPR system The driver said that they were inside the car and were trying to read the information on the signage and they moved after they read the sign. Having looked at the ticket it stated that the ticket was issued at 18:34 but the evidence on-line shows that the ticket was at around 17:40. Can the driver fight on the grounds no ticket was issued to him and that the time is wrong... Well What I can say. they have not responded at all and then suddenly we received another letter from DRP dated 10/12/2015, demanding payment for unpaid parking charge. However this letter was received very late. I contacted UKPMC to find why they have issued this letter we we have not received a response to our appeal, they stated that they have issued response. I have informed no response was received. they told me to contact the DRP. I have requested copy of the letter and what grounds it was rejected, they refused to give me this info,. I also contacted the DRP, they also said they cannot issue the copy of the letter and they have refused to give me the letter and that they insist that I was parked in Loading Bay. This week I received a letter before referral for legal action and I bit concern regarding this issue. Any advise ion this matter would be much appreciated. PCM UK.pdf
  14. I have just had an accountant I used in 2009 tell me I never paid him for filing accounts that year. I never used her again and the business was closed down. As the director of the company can she do this. it isn't a lot of money but I can't recall if I paid it or not and I'm surprised at the contact after almost seven years.
  15. Hello, I was wondering if dx or someone could offer some urgent assistance. Hillesden Ltd via Mortimer Clarke Solicitors are taking me to court for a debt. I believe this to be statue barred. Details are below. I should mention that I sent through the AOS to allow for an extra 14 days. Just to let you know that this debt does not appear on my credit file. Name of the Claimant - Hillesden Securities Ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to – 14 DEC 2015 ( by my calculations 33 days is up tomorrow) – What is the claim for – the reason they have issued the claim? By agreement between Black Horse Ltd & the Defendant on or around 07/11/2006 (‘the Agreement’) BLACK HORSE lTD agreed to loan the Defendant monies. The Defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was aa signed to the Claimant. The Claimant therefore claims 5500 What is the value of the claim? £6000 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? LOAN When did you enter into the original agreement before or after 2007? BEFORE 2007 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. DEBT SOLD TO DLC/HILLESDEN. THEY ARE THE CLAIMANT. Were you aware the account had been assigned – did you receive a Notice of Assignment? I DO NOT RECALL. Did you receive a Default Notice from the original creditor? I DO NOT RECALL Have you been receiving statutory notices headed "Notice of Default sums" – at least once a year ? I DO NOT RECALL THIS. Why did you cease payments? LOW SALARY – I WAS NOT ABLE TO AFFORD PAYMENTS. AT ONE POINT I WAS OUT OF WORK. What was the date of your last payment? APPROX 2007. I MADE A PAYMENT OF £10 FOR A SAR TO BLACKHORSE – WHICH I MADE ABSOLUTELY CLEAR WAS FOR ACCESS TO MY RECORDS. I DID RECEIVE MY RECORDS. THIS DEBT AT SOME POINT WAS PASSED / SOLD TO ZINC WHO CHASED ME FOR THE DEBT. AT THE TIME I SENT THROUGH £1 FOR A COPY OF THE AGREEMENT. THEY DID NOT RESPOND. THIS WAS IN 2010/2011. ABOUT 2/3 YEARS AGO I RECEIVED A LETTER FROM DLC STATING I HAD MADE A PAYMENT OF £1 TO MY ACCOUNT. I DID NOT RESPOND TO THE LETTER AS I KNEW THIS TO BE INCORRECT. Was there a dispute with the original creditor that remains unresolved? NO. I MADE PPI CLAIM – WHICH BLACKHORSE PAID. THAT WAS APPROX 2 YEARS AGO. AT THE TIME THE DEBT WAS ALREADY SOLD TO ZINC / DLC/HILLESDEN Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? WHEN THE LOAN WAS TAKEN OUT ORIGINALLY, I DID CONTACT BLACKHORSE OVER THE TELEPHONE. BUT THAT WAS WELL OVER 8 YEARS AGO. I BELIEVE BLACKHORSE/ DLC/HILLSDEN HAVE THE DATES WRONG. I NO LONGER HAVE THE ACCOUNT OPEN WITH THE BANK FROM WHICH I MADE PAYMENTS FROM. I HAVE MADE CONTACT WITH THE BANK AND THEY INFORM ME MY ACCOUNT HAS NOT BEEN IN USE SINCE SEPT 2007. I SWITCHED BANKS OVER 10 YEARS AGO, SO I KNOW I HAVE NT MADE ANY PAYMENTS TO BLACKHORSE IN THAT TIME PERIOD APART FROM REQUESTING ACCESS TO MY RECORDS VIA A SAR, PLUS £1 TO ZINC FOR A COPY OF MY AGREEMENT. I hope I have provided enough detail above. I am seeking assistance in what to state by way of defence. Many thanks mbk.
  16. ASA Ruling on Guardian Recovery Ltd Guardian Recovery Ltd 4 Tustin Court Port Way Preston PR2 2YQ Date: 30 December 2015 Media: Facsimile, Internet (on own site) Sector: Financial Number of complaints: 1 Agency: None Complaint Ref: A15-309515 Background Summary of Council decision: Two issues were investigated, both of which were Upheld. Ad Two ads for Guardian Recovery Ltd, a debt collection agency: a. A fax received on 28 August 2014 stated "We will collect: overdue accounts, bounced cheques, bad debts. We will: enforce County Court Judgments, trace absconded debtors, credit check potential clients. We offer a guaranteed, fully-inclusive debt recovery service. 110% Money Back Guarantee... Nobody can do more to collect your debt and that's GUARANTEED". b. A claim on the "Services" tab of http://www.guardrec.co.uk, Guardian Recovery's website, seen in July 2015, stated "...The services of our Legal Team can be utilised without incurring the often unnecessary expenses of a separate firm of solicitors or a barrister". For further reading....... https://www.asa.org.uk/Rulings/Adjudications/2015/12/Guardian-Recovery-Ltd/SHP_ADJ_309515.aspx#.VoO4xbaLQgs
  17. Hi, and apologies if I've filed this in the wrong section - sleep deprived trying to research how to respond to the above. The particulars of the claim are: The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Black Horse Ltd dated on or about Apr 30 2008 and assigned to the claimant. PARTICULARS a/c no xxxxxxxxx DATE ITEM VALUE 10/11/2015 Default Balance 7xxx.xx Post Refri Cr NIL TOTAL 7xxx.xx Issued on 02 Dec and I've completed online acknowledgment of Service. Reasons that this large debt exists aside for the moment, I'm 99.9% sure I haven't made any payments on the account since mid 2009 and I've certainly not responded or acknowledged the debt in any other form. Assuming that I'm correct about the last payment date, how would I proceed with defending this? Do I write to the court, solicitors, or the claimant with a SB template letter - or should I seek more info on what they have on me? Some help and direction with my next steps would be hugely appreciated as I feel my health is already suffering with the anxiety of it all. Many thanks in advance.
  18. Hi My company ceased to trade in September 2014. In February 2015 all accounts were closed. Due to the nature of the business there are no assets and the registered address is my home address. In June 2015 an application was made to strike off the company and in September 2015 this action was objected to by HMRC due to outstanding corporation tax. Since then I have had numerous letters from HMRC (I replied stating all the information above in October 2015 but no reply) and then from a debt collection agency. I called the agency and explained the situation and they told me that because the status on the Companies House website was 'Active- Proposal to strike off' and there were no assets the case would be returned to HMRC. I didn't hear anything for another month and then today I recived another letter from the debt collection agency, again I called and this time I was told that HMRC had informed the agency that the company was still 'Active' and the debt should be persued. I really don't know what to do next, I haven't heard from HMRC following my letter of October 2015 or since Companies House since September 2015. The debt outstanding is £8700. The agency said I should write to them with proof of what I have been saying, but I don't even know what to send them. Please help. Thank you.
  19. Please help! I am a student and voluntary Children's Worker, there is no way I can afford to fight this and lose... Frankly, I'm scared. I received a Notice to Keeper from CPMS Ltd on the 4th of December (apparently dated the 26th of November) demanding that I pay them £100 for parking without a permit on the 26th of October, or that I give them the details of whoever was driving at the time. The Driver is even worse off than I am, she's in no state to deal with this stress. Details of the event are: In the early hours of the 26th October, the Driver arrived at Halls of Residence in Manchester. Tried to obtain parking permit from reception, but as it was out of office hours it was closed. Security not authorised to handle money, so the practice is to leave a note in the book for when reception opens. Vehicles are then registered as being authorised, pending permit being written. Permit paid for and obtained from reception in the morning, however a PCN has already been placed on vehicle. Driver advised by security to just ignore it. Didn't think to tell me. --Fast forward to 4th December-- I, the Keeper of the vehicle, receive Notice to Keeper in the post. Panic! I have contacted the Halls Reception, but they said there is nothing they can do, it's nothing to do with them, go talk to CPMS. What do I do? My mother is seriously unwell at home, and having bailifs turn up on our doorstep when I'm not there would kill her... I'm sorry if this is in the wrong place, I just don't know what to do.
  20. Anyone come across this lot? Received a very aggressive email from them chasing a really old debt of £127 which they say was attributable to EPDL, and going straight for court action... Emailed them to say don't remember this and who are they and was emailed back with: Ecashwindow Ltd is the new name for Early Pay Day Loans and are happy to supply you additional information you require. Call 01908 440050 in order to discuss further. In the meantime legal action will continue. Nice outfit...!
  21. I drive a company car have recently received an email from the lease company advising they have received a PCN from Civil Enforcement Ltd for overstay at a free KFC car park. The lease company have passed on my details to CEL as the keeper of the vehicle and absolved themselves of all liability. Most of the advise i can find on the net is to totally ignore this and any further correspondence from CE L but i was thinking of emailing KFC to log my disgust at this treatment of one of there customers, my only concern being that this might be construed as me identifying myself as the driver of the vehicle which i am not obligated to divulge. For this reason am i better of ignoring this completely ? The KFC car park was i thought free but apparently had a 2hr maximum stay which i was not aware off , given that it was free i have no ticket or any other form of contract so feel im not culpable in any way. APNR was in use which i was not aware of either. Some of the advise on the various boards to ignore go back a few years and i know there have been some changes in the law regarding this in the last couple of years and wondered what the perceived wisdom is now? Many thanks for any pointers
  22. i have received a letter through the door indicating i am about to be issued with a stat demand on behalf of a company called P&A receivables plc. it reads 'i have been directed to serve you with a statutory demand issued under the insolvency act 1986 on behalf of the creditor. unfortunately on the letter it does not give any further details. all they say is they will be returning on a date and a time to either issue the demand or post it through the letter box!!! what should i do???
  23. Hi - new to this so apologies if covering old ground. I have received a PCN via ANPR for parking on the 13/10/15. I received the PCN today, 2nd November, which is outwith the 14 days requirement I have read about. PCN is dated 21/10 and the envelope is franked 22/10 and, again from what I've read tonight, the law assumes it was delivered within a few days UNLESS I can prove otherwise. There's no way it took 10 days to get here & I suspect they manipulate dates to appear they stay within the 14 days limit & make you panic with only a few days to pay the lesser amount Anyone any experience of this? Was going to write to them but not sure I should acknowledge
  24. Hi Everyone, First of all would like to thank all the brilliant people in this site who have helped lot of people beat the Debt Collection Agencies tactis which are threating and stressful. At the moment i am going thru the same level of stress and anxiety. I recieved a Small Claim Summons from Edinburgh Sheriff court Form 1a, this was from Optima Legal on behalf of Cabot financial uk ltd, which related to a debt with Vanquis bank credit card. The copies attached. As you might all be aware the process in scotland is different, the reason for this new post is to share my experience with others in scotland as there are not many threads here relating to scotland. I have started of with three letters in a span of three days to the solicitor and to Cabot but had no response from them till now, and should be sending and estoppel and section 10 notice soon to follow. In scotland CPR 31 is not valid and we have to apply for an incidental application to the sheriff for such documents, i have been to the court and was told to first submit my repsonse and then i can make an application for the incidental application for such documents, which i shall be doing now. As this is new for me i was wondering if i could get more help on this below is the draft for my incidental application, if you good people can comment which would help that would be great, i have made comments in bold where i want further help so if you guys can help that would be great. ******************************************************** Dear Sir/Madam: I hereby make a formal request under ACT OF SEDERUNT (SMALL CLAIM RULES) 2002 NO. 133 CHAPTER 17: Recovery of documents and attendance of witnesses, for the following Documents: 1) The agreement. You will appreciate that in an ordinary case, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. ****SHOULD I BE ATTACHING THE £1 FEE TO THIS APPLICATION AND QUOTE THE SECTION IN THIS PART**** 2) The Deed of Assignment ****WHAT LAW AND CASE POINT WOULD BE BEST TO QUOTE HERE FOR DEED OF ASSIGNMENT***** 3) The Deed of Novation ****IS THIS VALID REQUEST FOR DEED OF NOVATION WHAT LAW AND CASEPOINT CAN I QUOTE***** 3) The Notice of Assignment and proof of service of said Assignment Notice ****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND***** 4) The Default warning letter 5) Default Notice and proof of service of said Default Notice ****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND***** 6) The Credit Card Agreement as mentioned in your particulars of Claim *****AM I ASKING FOR THE SAME DOCUMENT AS IN MY REQUEST 1 OR IS THIS DIFFERENT TO THE ABOVE******* I hereby request Sheriff Clerk to grant commission and diligence to recover the above listed documents from the pursuer. ********************************************************************* PLEASE REMEMBER GUYS I HAVE TO BE PHYSICALLY PRESENT IN FRONT OF SHERIFF SO THAT I CAN DEFEND MY REQUEST PROPERLY SO THE MORE INFORMATION THE BETTER PREPARED I AM SO PLEASE HELP. Hope to hear from you guys soon Thanks for your reply the documents in pdf
  25. Hi All I am a first time user here please accept my apolgies for any mistakes I make! I have received a County Court Claim form from Bryan carter solictors acting on behalf of Lowell Portfolio the original debt was with welcome finance 9 years ago. I fell into financial difficulty due to divorce and was unable to pay the loan to Welcome, the last payment I made to Welcome finance was 22nd May 2009 ( although I need to clarify this payment with my bank) and the Issue date of the paperwork was the 22nd May 2015. I have never acknowledged the debt to Lowell or Brian Carter solicitors or made any payment to either of them, I also received a letter from Frederickson International as well (9th April 2015) also stating that was acting on behalf of Lowell Financial Ltd again I did not respond. I have answered the claim form stating I would like to defend the case and was looking for some advice on how to do so. I have followed some advice on here and sent a CPR 31.14 request along with a £1 postal order along with a letter asking for a full breakdown of my account. I also sent another letter requesting copies of the default notice, assignment and Formal demand. I received a reply from Bryan Carter ( attached) stating that its a simple contractual matter and part 31 of the civil procedure rules will not apply and in any event the notices of default and assignment left the control of the claimant when they were dispatched to me, they also state it is the original creditors policy to issue agreements at the start of the contract and statements throughout the agreement and in this regard we ask you to refer to my own records. I have not yet received a copies of the following: A copy of the agreement A copy of the original assignment form and any consideration paid a copy of any formal demands or default notices I have received a breakdown of costs allegedly from Welcome finance which includes £734.25 worth of charges and fees ( Total debt £3953.67 ) The Claim form states a total claimed of £4534.98 as they have added the court costs and solicitors fees twice by mistake! I am just waiting for a court date what if anything can I do in the meantime, my credit file is now decent for the first time in 6 years! Many many thanks in advance!
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