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  1. Hi I would like some advice please. I owed the freeholders of my lease some service charges that were a total of 436.62. In mid Aug I telephoned them and they demanded I pay in full immediately. I tried to discuss with them some payment plan but they would not accept anything just a demand to pay it all or they will instruct their solicitors. I paid 250.00 by direct debit at the end of Aug. 10 days later in early Sept I receive a letter demanding 436.62 be paid. I called them and told them that their figures were wrong Both they and the freeholders had to check their accounts, they demand I pay the remaining balance of 186.62 or they will ask for interest per day and take me to court. I then receive a credit note in mid Sept for 124.00 balancing for the year. this meant I owed 62.62 in sept In addition around the early part of Sept they sent me another service invoice in advance for 105.00 for sept 29 to Dec 24th. now I ow 167.62 I was unwell for the later part of Sept and early Oct. and under the doctor. I didn't pay it with my Sept salary. I am 1700 overdrawn and living in debt that leaves me with no income for food. I am having bowls of cereal for meals. This is just to give you a snap shot Well I was paying the money at the end of this month Oct and paid it under duress today on my account again when I don't get paid till Friday this week The reason is this Saturday I get a money claims letter. They are asking me to pay interest back to March and costs of the court application at 35.00 and for writing a solicitors letter at 50.00 all this on top of their costs. I want to ask you this A. I did not receive any demand letter from the freeholders, only the solicitor in early Sept when their figures and understanding of what I paid was wrong. The company have not liaised with me, only sending me a statement in mid Oct, they have also allocated money I paid of 250.00 on what invoices they wanted leaving the furthest one back as the ones that still need paying for which I believe is so they can gain more interest, but it stands to reason that the money was for the earliest invoices. I don't believe they have given me any chance to negotiate, they write from a solicitor after a payment was made and they are not willing to have any arrangement. The recent invoice in advance and 62.00 was the only thing outstanding and that was only given in Sept. Are there any way behaving correctly I feel like I am being intimidated, I have had a good 6 years with this freeholder and have never missed payments until this year I dont know what to do. I was frightened into this payment but I knew I had to pay it this month anyway. Will I have to pay the court, letter they wrote me when I had paid most of the bills that was wrong and court costs. I can't afford them . I did try to speak to the accounts dept but the person was either not at her desk or I was working, I can't use my phone at work unlike some because I am on a ward and breaks are not heard of where I am it's so busy. Where I say 10 days later I recieve a letter, this was from the freeholders solicitors. Just to clarify now that I have paid the 167.62. Do I contest the charges on the money claims form for the 50.00 they are asking for the solicitors letter that came after payment, the first mention of it was on the money claim form, the interest they are seeking and the court costs of 35.00. I really don't have any money at all. Phew sorry for lengthy text. Thank you Caron
  2. My partner is a carer. She has been sent to work for a lady who wasn't equipped with the correct device to keep her upright. She fell on my partner and my partner suffered a back injury leading to incontinence, pain and time off work. We took the case with xxx LLP, who wrote a letter to the employer and got a response, offering 4000 pounds as final settlement. xxx advised us to reject that offer, saying, over the phone, that we can always fall back on the 4000, but they believe we can get much more. Since then, my partner has been to Royal Berkshire Hospital, where the doctor said he doesn't see any injury and any pain she might have is a result of earlier injury. Her incontinence might be an infection (totally rubbish). Now it feels like the case might fall through, as the doctors do not want to confirm her injury and we see the 4000 pounds as a better-than-nothing solution. However, when we WROTE to xxx, they said the offer is off the table and we can't fall back to those 4000 pounds. 1. She will be seeing a doctor from xxx privately to assess her but I reckon a judge might be more interested in an NHS doctor rather than a doctor from an interested party? 2. What can we do in regards to xxx making us think we could get at least 4000 pounds and now they are implying we can come out empty handed? 3. Any other advice regarding the situation in general will be appreciated I will just add that the reason my partner was injured is that she grabbed the falling lady and saved her from rolling down the stairs. And that my partner is truly injured. It took her 2 weeks to admit that she's incontinent because of the shame.
  3. Just started my PPI claim against Natwest credit card, just sent of my SAR and £10 PO card was taken out april 99 How do I work how much I could be owed is it the PPI plus the culmintive interest of the card on that PPI over the years Plus the 8% interest
  4. Hi, i originally join the gym through lifestyle fitness in February 2017. I then cancelled my direct debit through my mobile banking app in August 2018, just after the payment was made that month on the 15th. It is now December 2018 and I have received a letter from the CRS stating I owe them £250.52, “following our initial letter” even though I haven’t received a letter previously, haven’t received any emails stating I owe them any money or anything. i was under the impression the gym membership was cancelled when the direct debit was and I haven’t heard from them until now which is 4 months after the direct debit was cancelled. I am just looking king for advice as I don’t understand how I should be liable for paying this money when I haven’t been to the gym and had no word from them in regards to “late payments” I literally just assumed it would have cancelled This is also my first time posting a thread so I have no idea how this works haha thanks
  5. Hi All This is my first post as I'm currently having issues with Samsonite and a suitcase I bought. I bought a small cabin bag size suitcase from a genuine Samsonite outlet store in York during the Black Friday sales at the end of November. It cost £41 which I knew was really cheap for Samsonite as I already have a couple of their cases. I used the case for the first time during a trip to London in mid January, during which time the retractable handle broke while waking along a train platform (so much fun!). I took the case back to the Samsonite store where I purchased it, and was told it would have to be sent away for repair as it was more than 6 weeks since I bought it. I've since received a voicemail from the store advising that the case could not be repaired, and to visit them to discuss. I'd really like to know what my rights are before I travel to the store (which is 90mins from where I live, so I need to be prepared), as to what I can get as a replacement. I do not want store credit or my money back, as I know I won't be able to buy a replacement suitcase without putting a lot more money towards it. As far as I can see the suitcase wasn't fit for purpose, and I'd like a replacement at no cost to me, but is this what I'm entitled to? Any help would be much appreciated so I can be prepared to fight my corner. Thanks Claire
  6. Hello, I started a DMP with Stepchange about 6 years ago with £150k of credit card and personal loan debt. I have paid about £80k via Stepchange over the years and about £70k remaining balance (including personal loan interest). I have been paying £800 per month split pro rata via stepchange but due to change in circumstances can not pay much at all anymore! Have yet to contact Stepchange but have cancelled the DD with them just now. I need urgent help and advice!! Should I arrange to pay them £1 per month instead for now through stepchange and CCA them all in the meantime? – I have just read about CCAs here. I am terrified of getting CCJs from them all now – All help greatly appreciated! Debts are as follows: • NRAM personal loan pre 2007 – now with Cabot Financial (Marlin) - £12,933 - not on credit report • Bank of Scotland personal loan – post 2007 - now with ‘Wescot Credit Services – Bought Debts’ – £12,395 owing – not on credit report • Santander Personal loan – 2002 - £10,859 – Defaulted 2011 • MBNA Credit Card – 2005 - now with IDEM CAPITAL SECURITIES – £6,919 – Defaulted 2011 • Cahoot loan - £4499 – showing on credit report as settled 2015! – but stepchange still collecting and paying!? • Barclaycard credit card 2008 – now with LINK FINCANCIAL OUTSOURCING - £3337 – showing as up to date positive credit on my credit file! • MBNA Credit card 2008 – now with IDEM CAPITAL SECURITIES - £3233 – defaulted 2012 • Capital one credit card £3205 – not on credit report • MBNA Credit card 2008 – now with PRA GROUP - £2723 – defaulted 2012 • Co-operative bank credit card 2002 – now with LINK FINANCIAL OUTSOURCING - £2571 – defaulted 2012 • Co-operative bank credit card 2001 – now with LINK FINANCIAL OUTSOURCING - £2026 – defaulted 2015 • RBS MINT credit card – now with ‘WESCOT CREDIT SEREVICES – NON BOUGH DEBTS’ - £1624 – not on credit report • Tesco Bank credit card – now with ‘ROBINSON WAY LTD – TESCO’ – £1222 - not on credit report • Barclaycard credit card 2001 – now with ‘LINK FINANCIAL OUTSOURCING’ - £1087 - showing as up to date positive on credit report! • Bank of Scotland – now with FAIRFAX SOLICITORS - £750 – not on credit report • Cahoot credit card £713 – not on credit report • American Express credit card – now with ‘NCO – OTHER’ £387 – not on credit report • EGG Credit Card – now with PRA GROUP (UK) - £193 – not on credit report • Cahoot credit card £100 – not on credit report
  7. Hi, guys. I really need some help! Just rceived this letter from Northampton county court bussines centre. Letter looks like its fake? No real stamp, also no signature? Can you please give some advice whay should i do? Never delt with this before...
  8. I’ll try to keep this short... i had 5 defaulted accounts. All because I was an idiot and ignored the situation. They’re all in theirs fifth year and credit rating is really on its way up.. Until... I lost my job and I have fallen behind on my Marbles Credit Card. I am 65 days behind and I have received a default notice over 3 weeks ago. Im not contesting the default, but I have asked them to confirm to me if my account has actually registered as a default on my credit file. They have said that it doesn’t default until 180 days. They wouldn’t put this in writing though. I have the funds to pay this off in full now. However, if the default has already been registered then the damage is done so I will be paying back a nominal amount if this is the case. How can I find out for 100% if it’s defaulted. I don’t want to wait until my credit file updates as it may default within that time which I am trying to avoid happening. Marbles said it hasn’t and won’t until 180 days. However this was said by a customer care agent over the phone so probably not the most reliable of sources. However I got a default notice in the post which I now no longer have because I’m an idiot. Does anyone know their default process, or a way for me to find out ASAP. If it hasn’t defaulted I’ll pay the balance in full. Thabks for your time
  9. Hi there, I am self employed and have worked successfully with TaxAid to get rid of any fines, so I know exactly what I need to pay. The debt is about £9,000. How can I best negotiate with the HMRC Taskforce without taking the bankruptcy route? I have heard of asking for the debt to go into remission, which basically pauses it for a length of time. I can afford to pay about half of the £9k up front. But I don't receive a monthly wage, it comes in unpredictable chunks throughout the year. Does anyone have any advice about how I can propose a repayment schedule? (I will also try to get advice from Business Debtline. I do have other debt that I am paying £1.25 per month for but I am looking to write CCA letters to those debt collection agencies.) Many thanks for reading
  10. Hey CAG, Posting on behalf of a friend. In short she doesn't have a tv licence as doesn't watch live tv only netflix. However her young daughter downloaded BBC iplayer on her tablet and signed up and gave her mums post code etc and obviously must of said she had a TV licence. Fast forward a few weeks and my friend gets an email that says "Our records show you've used BBC iplayer on a number of occasions in recent weeks. As your no licence need status is now invalid you need to buy a TV licence" and gives her a link to buy. Does she need to buy one, her daughter being on early teens did not know her mum needed a TV licence. Anything she can do?
  11. Hi, I’m very worried, I have received a 2nd letter from LCS this morning demanding £10,303 on behalf of HMRC. I cannot beleive that I have ever had an overpayment as my circumstances have been pretty much the same for 20 years. I am a single father of 4 children, one of which has a number of disabilities and for whom I am a carer. I am in receipt of benefits (Carers & IS) which barely covers monthly costs of the home and this has very much been my status for those last 20 years. Obviously my older children have now grown but I am still caring for my youngest daughter and there is no reason to beleive that will change. I’m lost as to how or where this debt has come from and if it is by some miracle correct then I have no disposable income whatsoever with which to service it. Can anyone offer me advice on what to do, I am lost Thanks
  12. my friend cancelled his JSA claim today and has appointment booked with his ingeus advisor tomorrow, he has asked me if he can still get sanctioned for not attending as he is switching from JSA to ESA? sorry to keep going on but he keeps asking me.
  13. Hi So this is a long story! I originally took out a lbl of 2100. Long story why but it was my only option at the time. Have paid this off for approx 6 months. Took a further loan for 500 a month ago. Everything was fine but then circumstances happened and I was no longer able to make the payments. I had the v5 as I had applied for change of address and was sent a new one. I did loads of research and spoke to a local company who offered to buy the car from me. Settle the loans with the lbl company and then pay me the difference so I could buy a cheaper car. I requested settlement figures from motorkitty and went to my app. The bloke who ran the company appeared to be in a rush and was literally locking up around me whilst sorting the paperwork. He was getting into a mess sorting out the figures and so asked me to send him the details for the first lbl for him to pay and then he would sort the 2nd. He paid the first one by bank transfer and then said actually let's go check out the car. We went out and he did checks and then we went back in. He cancelled my road tax and then sent me the balance of what he had worked out I owed. I was really anxious with the e tire thing as I was in a complete mess and it didn't click until he messaged me 2 days later saying the 2nd loan wasn't paid! I had bought my replacement car by this time and didn't have any finds left. He got really nasty threatening to contact my work and the police and report me for fraud as he is claiming I didn't inform him of the 2nd loan and me sending him that email backs up his story! I have spoken to motorkitty. They have offered to put the 2nd loan onto my new car but want to add hundreds of pounds in charges making it nearly 1000 for a 500 loan. The man from the other company is also threatening court. I really don't know what to do for the best. I understand I need to pay this as the bloke who bought the car messed up, however I can't afford the £75 A month payments for 2 years that motorkitty bow want to charge me. I'm really scared. Its a total mess and I don't know what to do. I'm terrified the police are going to knock on my door and I can't sleep. Can anyone offer me any advice as I'm totally stuck on what to do! Additionally: I received a default notice from motorkittytoday. It says the total outstanding is 4000! I queried this with motorkitty and they said that although the first larger loan was settled it's not closed off as it is linked to the 500 loan. Does that mean they can do after me for 4000? On a 500 loan? Thank you
  14. can bes take over a residential property electric supply as they only do commercial electricity I need to no as been miss sold a contract please help the last few days have been hell bes utilities phoned me saying they were acting on behalf of my hopefully soon to be landlord no lease signed I have ended up in a contract some how I have been bullied and feel forced into this contract really not sure wat to do as I don't have a lease yet or permission to change the electricity supplier still they say I cant get out of it they say they are going to take over the electric suppy on the 25th and there is nothing I can do they also said the supplier at the moment cant reject the take over apparently I have no choice but to go with them all I want to do is get out of this contract. also the address on the contract is a residential house helllllppppppp
  15. Hi i am really struggling and hope that someone here can assist me ! I originally took out a secured loan with Endeavour finance in 2007 for £20k and have been paying it back since it was then sold onto Moorgate/Sancopia with no written information provided to me , and from looking at the land registry sancopia registered a charge on the property in 2013, despite years of payments my balance is just increasing and not decreasing . i have previously made a SAR to moorgate and they have sent me a photocopy if my agreements with endeavour. My question is this how can i deal with this debt i am no longer working as i am a carer for my mum who has dementia this debt is taking over my life and its never reducing! should i ask for a copy of my original agreement or can anyone help me deal with debt in a better way? any help would be appreciated
  16. Hello all, This is probably going to be quite a long post, so I hope some of you will bear with me to the end, as I could really do with some advice as to what I need to do regarding a large amount of debt, Firstly, I should point out that everything I tell you in this post refers to both myself and my wife. We have outstanding debt worth approximately £55,000. It has slowly built up over the past few years and unfortunately neither of us has tried to take control of the debt, but now, we know we have to as the debt is becoming less manageable. All of the debt is in unsecured credit cards, and some catalogue, store cards . There are no loans,and we have never defaulted on any payments. I was diagnosed with Cancer a couple of years ago and unfortunately I have been unable to work since, due to treatments, hospital appointments, tiredness and feeling generally unwell. My wife also doesn't work as she is my main carer. We receive benefits, this includes PIP, ESA, Carers Allowance, and Child Benefit, and up until now we have just about managed to pay the debts each month but it is now getting to the point that it is becoming a struggle. Bills are always paid on time, Gas/Electric, Water, TV License, Sky (minimum package) and BT for phone and internet. We own our house outright so there is no mortgage or rent to worry about and we are exempt from council tax. So my question to the forum, is should we now consider a DMP, as we know that in a few months, our outgoings will surpass our incomings, and we would be in the situation of not being able to pay all of the debts each month. The other option we are looking at is to sell our house, however, we would need to be able to buy somewhere at a reasonable price, so that we could use some of the sale money towards paying off the debt. If we start a DMP now, and say in 6 months we have £25000 left over from the sale of our house, can we stop the DMP and try to arrange full and final settlements with each of our creditors? Would the credit card companies be willing to accept a reduced final settlement figure or because we have always paid on time, they do not see us as a bad debt? Any advice will be greatly appreciated, and for the DMP we are thinking of using Stepchange.
  17. Hi All, Thanks in advance for any help ! We received a claim from from our builder because we have withheld payment of the final instalment as he as breached his contract with us. He sent a claim form asking for the money to be paid (approx 1667.00). We are now trying to work out the counterclaim and having serious difficulties in understanding what to do. Any help appreciated. problem outlined here. (ignoring court fees and interest at the moment) Final installment withheld by us is 1667.00 BUT this value is incorrect as he is trying to charge us for more expensive tiles than those he installed without our permission. He is claiming that money is owed on his claim form. What we have already paid him is £3865. What we paid Wickes for more tiles directly is £248 The new invoice from another builder who said that the entire bathroom will need re-fitting £6635 (this includes a tile allowance that are slightly higher than our original builders tile costs ). Should we be basing our claim on the difference between what we thought the original builder would have been owed if the job had been done well, subtracted from the higher cost of the new invoice. Then adding the amount we already paid him. OR should we be just saying pay us £6635. (despite the fact we have withheld the final invoice but we are not sure of the value of that final bill and he has breach contract so technically we dont owe him it anyway !) HELP !
  18. Afternoon Everyone. I've been reading other peoples threads regarding Vanquis and have come up with good information but have decided to make my own thread to be able to keep track of this and to add to the information hopefully, I also have questions. This is my only debt apart from my student loan it is large and I am worried it will ruin my credit score, I would like to get a debt plan for something that I can afford and then maybe make them an offer when I can to have the debt wiped with no CCJ. I owe £2993 with a limit of £3000 as of yet I havent missed a payment since the account was opened in late 2014, I have up until 2 August 2018 to make a minimum payment of £151 but that will be dificult.. I would like to get the account frozen and then work out an affordable way to pay. One thing I have read on another thread about dealing with Vanquis that it is wise to pay for a Subject Access Request for all my statements, I think that would be a good idea because my account has always been paperless and the online ones only go back for 12 months.. I have also noticed that while browsing a couple of them that there are lots of charges every month like; Purchase Interest, Cash Interest (But I have never ever borrowed cash against my card), Promotional Purchase Interest, Cash Advance Fee (Again, Never taken cash) I have also seen PPI being discussed but I'm not sure whether that applies to me. What should my steps be to solve this mess, Learn from it and eventually move on? My printer is at the ready, Thanks in advance everyone, L.
  19. Cutting a very long story short. Applying for ESA first time in January two letters were enclosed with the ESA50 form requesting a home visit and recording for a ESA F2F assessment. Received Maximus letter for ESA f2f assessment at beginning of April at one of their medical centres. Rang Maximus and told them there was no letter from them to give the reasons why a home visit was not granted. Was told by Maximus the DWP Decision Maker has disallowed the home visit. Rang DWP and told them Maximus said the DM has refused a home visit and and asked the reasons why. Was told by the DWP staff that is was wrong the DWP's DM do not make any decision with regards to home visit nor get involve with F2F assessment that is the job of Maximus their medical contractor. Went back to Maximus and told them what DWP said the appointment was cancelled. Received couple of phone calls from Maximus requesting a letter from the GP to back up the home visit request. GP faxed letter to Maximus stating cannot attend a f2f at a centre due to medical/clinical reasons. Maximus confirmed by phone that they have received the GP supporting letter at the beginning of May 2018 and was told they will send a letter of their decision about the home visit by four different staff. Received several letters to attend appointments at different dates from Maximus including a phone call to ring them very important and very urgently with regards to a f2f at their centre which was to take place some 3 weeks later strange. Each time received a phone call two days before the appointments due date to cancel appointments because their recording machine is broken and that it will take a very long time before hearing from them. Received another letter last week to attend yet another appointment at their centre at the beginning of July but still received no letter with regards to the home visit whether it has been granted or refused. Non of the cancellation letters stating appointments was cancelled because of broken recording machines it just said appointment rescheduled sorry for the inconvenience. Maximus has on record they've book for a Taxi as their making reasonable adjustment but send no letter stating that fact. New appointment letter had not stated a Taxi has been booked for the appointment it just said please attend 10 minutes before the appointment time. I'm looking for a template letter with regards to disability discrimination and harassment from Maximus/contractor and a sample letter under the equality act 2010 requesting a home visit with regards to Maximus making reasonable adjustments for a f2f assessment under the equality act. Any help will be appreciated.
  20. Please could anyone help. I’ve received the attached letter. It’s the only letter I have had. I’ve been going through posts on here to try and get some guidance. But just so worried as I’ve never had anything like this before. I’ve gone online and applied to get extra time. But I don’t know what I should do. If anyone could point me in the right direction I would be very very grateful. Many thanks
  21. I am currently in dispute with a builder over a patio - there have been several attempts to remedy the situation over the past 12 months the patio has been re-laid but there are still significant issues. Last time the builder was on site I unfortunately swore about the situation not directed at the builder. The builder became very aggressive and intimidating - shouting and swearing at me. I asked him to leave the house and he continued. Fortunately, at this point my wife came home with my daughters and she could hear the builder shouting from outside the house. I managed to get the builder into the front garden where he continued to shout and swear at me in front of my wife and 5 and 3 year old daughters. My wife asked him to stop multiple times. We got the children in the house and then he eventually left after a final tirade. In the evening the contractor sent a text to my wife rather than me acknowledging his behaviour had been inappropriate. He is offering to carry out further remedial work but we are obviously reluctant to have him back on site after this situation - he is a big guy. Where do we stand legally if we don't feel comfortable having him back on site?
  22. In 2012 I entered a Protected Trust Deed. The reason for the TD was quite simple the RBS wanted to get a decree for a loan in arrears but not defaulted, which would have allowed them to apply to get a unsecured loan converted to a secured loan on our house and then push for enforcing against the house. This was straight from RBS lawyers at the time. So the trustee gave us a letter for the court which stopped that. But end result was a 5 year protected trust deed. Before we got to that stage we did attempt to claim for any mis-sold ppi we had with RBS to be told we had none. Our Total debt to RBS was approx. £15,500... Fast forward a couple of years. I was discharge form 5 and no PPI was found by the trustee (standard procedure to check).. Funny thing was they found PPI for my wife with RBS .. I was now fully discharge form 6 also. The bank sent a letter to my wife saying they who could only pay out 50% because it was in joint names with someone else... only person that could be is me.. Now as I'm fully discharge and trustee have stated they are not interested in any PPI which is in my name. I asked RBS to recheck using the account number on the Wife letter. Low and behold they have found 4 accounts totalling over £17,000 worth of PPI not including interest dating back to 2004 and 2008 and onwards on car loans, personal loans etc most of it was front loaded onto the loans etc. with the resulting extra interest. The PPI is enough to have easily cleared the original debt to RBS. I don't know if they will refund it but that's a different story.. but they did on the wifes 50% as both of us where working and both our employer had sickness policy's in place 6 month full wages then 6 months half wages. Surely getting told you don't have it when you did must surely be a big no no. If the point of a PPI reclaim is to put the person back to the position they would have been if the PPI was never sold. Or if they had allowed us to claim on the PPI we would never have been in the Trust deed in the first place. Now how would you proceed. Thanks Ed
  23. Hi. Just needing some guidence on CRS on behalf of the Harlands gym. Cancelled the gym membership after 6 months i personally thought id taken it out for a 3 months time scale as i was told its for how long you want it too be not like other gyms!!! I was wanting a gym based more on classes as i got married in Aug 17. Cancelled with the bank as i was having personal issues it wasnt until i had to look at my bank account realised i was still paying for the gym as i thought id got it for the 3 months sounds a lame excuse i know have been told i owe them 342.00. Well ok then the contract i signed was for 12 months and i have paid 6 months at 29.00 a month i worked it out for about 174 .00 but they have put costs etc on. Having rang and explained they have been really rude and condescending. They have apparently sent me letters and also monthly statements of what i have paid to my address i can honestly say i have never received CRS says i need to have a word with Royal Mail as obviously i am not getting my post through their service. I receive my bank statements and overseas parcels so really not sure why i havent revieved their letters. I am more than willing to fight this im worried the affect it will have on my credit rating as im looking at changing my mortgage i dont want this to have an impact while im still trying resolve this. At the moment they are just rude people who speak to me like im a low life. Feeling worried and scratching my head whats the best course of action as obviously i signed up for the 12 months which is now my words against theirs but no way am i paying 340 odd pound.
  24. Hi Everyone!! Please see below brief details of the case to date. In August 2017 my aunt and I had gone to visit a family friend who lived in a private apartment complex. She was the driver and is registered keeper of the vehicle. It was late at night (i.e. 10pm) and the family friend assured us that it would be fine to park our car in the private car park for the flats. When we returned to the car we noticed a parking charge notice stuck to the screen. My aunt was really disappointed as we could have easily parked on the street for free. I had once previously written to a private parking company on a 'without prejudice' basis and had offered to settle the PCN for £10. As it had worked before I thought it would work again. So I told my aunt that I'll write to them and offer to settle the PCN on her behalf. I did so but the parking company did not accept the offer and wrote back to me stating that my appeal was unsuccessful. So then I let it be. I then received a notice from them in September 2017 which I ignored. After which I received a Letter Before Claim from Gladstones Solicitors in November 2017. I responded to the LBC stating that the alleged debt is disputed and any court proceedings will be vigorously defended. I also brought to their notice that their LBC was defective and did not comply with Para 3 of the Pre-Action Protocol for Debt Claims under the Civil Procedure Rules 1998. I asked them to send me a compliant LBC. I did not receive a reply to my letter so in December 2017 - I decided to respond to their LBC online by stating that I disputed the debt as I did not want to be out of time of the 30 day reply period. I did not receive any further correspondence from Gladstones. I then received a County Court Claim Form in March 2018. I acknowledged service and then filed a defence within the time period. I then received a Notice of Proposed Allocation to the Small Claims Track at the beginning of April 2018. I then filed form N180 DQ within the time limit. I then received a Notice of Transfer of Proceedings at the end of April 2018. Finally, I received a Notice of Allocation to the Small Claims Track (Hearings) in May 2018. No date for the hearing was fixed or specified in the document. However, it did state that - "each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing within 21 days of the service of this order". As I was flying abroad the next day I was not able to send any documents to the court or the claimant. I have only returned back to the UK yesterday. I have received a witness statement from the Claimant along with Exhibits. I still have not received any further correspondence from the court regarding the date of the hearing. MY QUESTIONS: 1) Am I out of time to file a Witness Statement and other evidence? or will I have time until 14 days before the hearing date when it's fixed? 2) It appears that the Claimant is also out of time in filing their Witness Statment - the date of the letter from the court was 23 May 2018 and the letter enclosing the claimant's witness statements which I received is dated 20 June 2018. If we add 2 business days for deemed service and then add 21 days then the date by which the Claimant should have served their WS should have been 18th June 2018 Is that correct? 3) What should be my plan of action going forward? Should I serve my WS and documents regardless as the date of hearing as not yet been fixed? If so, can someone help me with drafting one? My main argument is that I was neither the driver or the registered keeper of the vehicle so that claim is against the wrong defendant. I have attached all the relevant documents and correspondence for reference. I would greatly appreciate if someone can advise me on what I should do in the current circumstances. Thanks in advance. Further documents... Further Exhibits attached to the Claimant's WS... Please see below the Defence that I had submitted: 1. The Defendant denies any liability whatsoever to the Claimant. 2. The Defendant denies being the driver and/or registered keeper of the vehicle at the time of the incident. The Defendant is not therefore liable for the claim and invites the court to give summary judgment pursuant to CPR Rule 24.2 against the Claimant as having no real prospect of success and there being no other compelling reason why the case should be disposed of at trial. 3. Notwithstanding paragraph 2 above, if the Claimant is intending to pursue this claim against the Defendant on the basis that the Defendant is the registered keeper then the Claimant has failed to show that the conditions for recovering this charge under Schedule 4 of the Protection of Freedoms Act 2012 have been met. The Defendant disputes that any of the conditions necessary for a claim to be pursued against the keeper of the vehicle have been met. 4.a) Notwithstanding paragraph 3 above, no evidence has been provided to show a valid Notice to Driver was given to the driver in accordance with Paragraph 7, Schedule 4 of the Protection of Freedoms Act 2012. 5. It is believed that the Claimant has no standing to bring this claim. The Claimant has failed to establish their legal right to bring a claim either as the landholder or the agent of the landholder. Strict proof is required that there is a chain of contracts leading from the landowner to the Claimant. Thus, the Defendant disputes that the Claimant has the authority to issue parking charges on the land in their own name and that they have any locus standi to bring this case. 6. If the driver on the date of the event was considered to be a trespasser, and not allowed to park on the land, then only the landowner can pursue a case under the tort of trespass, not the Claimant, and as the Supreme Court in the ParkingEye Ltd v Beavis [2015] UKSC 67 has stated, such a matter would be limited to the landowner themselves claiming for a nominal sum. 7. The Claimant might argue that the Supreme Court’s decision in Parking Eye v. Beavis is applicable. The Defendant will argue that the present case meets none of the conditions that the Supreme Court stated were required for a parking notice to be exempt from the well-established principle that penalty charges cannot be recovered. The main difference is that the Supreme Court determined that, in a retail park, there was a public interest in ensuring a turnover of visitors that justified a disincentive to overstay. there is clearly no such interest in a third party such as the Claimant in this case in attempting to impose conditions in a residential car park where there is no turnover of visitors and the vehicle was not parked in pay-and-display car parking. 8. The Defendant also disputes that the Claimant has incurred £50 solicitor cost and interest. The Particulars of Claim are spectacularly deficient and woefully inadequate to show a cause of action. 9. The Claimant has not complied with CPR Rule 16.4. The Particulars of Claim contains no details and fails to establish a cause of action which would enable the Defendant to prepare a specific defence. It just states “parking charges” which does not give any indication of on what basis the claim is brought. There is no information regarding why the charge arose, what the original charge was, what the alleged contract was nor anything which could be considered a fair exchange of information. The Defendant therefore asks that the court strike out the Particulars of Claim pursuant to CPR Rule 3.4(2)(a). 10. Finally the Claimant's Letter Before Claim dated 13th November 2017 did not fully comply with the Pre-Action Protocol for Debt Claims. The Defendant responded to the Letter Before Claim on 08 December 2017. However, the Claimant did not give the Defendant at least 14 days' notice of their intention to start court proceedings pursuant to paragraph 8.2 of the said Pre-Action Protocol and issued proceedings without notice. jpg2pdf.pdf
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