Thanks. I have previously SAR'd Vanquis. I'll dig it out and post here Here's the SAR response jpg2pdf.pdf

I've received the following letter from Lowell solicitors regarding a default from 2012 for about £1700. I've previously tried to negotiate a settlement figure but got very little response. Although I have found a letter they sent last year offering a 60% reduction in the debt. Any suggestions on my next course of action? PAP LOC (1).pdf

Lowell Solicitors sent me a letter in December 2018 saying on 08/08/16 a CCJ was entered against you and you were ordered by the court to pay £50 per month. I haven't paid anything on it. It says they are considering options to enforce the CCJ as its in arrears. The amount of the CCJ is £499.13 It also says to avoid the possibility of enforcement action we need to agree a payment plan with you. This CCJ was issued years ago to an old address, i now know it's my responsibility to inform them of my new address and my circumstances at the time would not allow me to do that but i was just hoping for some advice. It was originally a Capital one credit card. Thanks

Hi, I have just received a letter and form from Lowell Solicitors regarding a mail order catalogue for just under £900. No payment has been made for 3 1/2 years, account taken out around 2010. It is saying if I don't reply or make payment within 30 days they will start court proceedings. Any advice on how to deal with this? Thanks JJ

Hi All Im looking for some advice on this one. Back on 20/12/17 i went to park on a carpark behind some shops previously this was an actual carpark for use of shoppers. As i went into the entrance of carpark i noticed a sign on the wall on right hand side as you enter the carpark so i pulled to the left hand side to read it (The entrance is an ally way between 2 shops as shown in my Picture There is no signs visible until you enter the carpark) It said that the carpark is now for gym use and to check terms and conditions in the carpark I left my car where it was which wasnt actually parked in a designated space the carpark in a space and had a look for the terms and conditions but all i could find was the same signs as id already read. I walked round to the gym entrance but couldnt see any terms and conditions there So i just got in my car and turned around and left i was there for 7 minutes then on 11th jan 2018 i received a parking charge notice which i ignored as i never actually parked in the car park just pulled over to one side of the entrance but the number plate reading system had clocked me as i entered on the 13th feb i received a letter from DRP asking for £160 i contacted DRP and a sent them CPR 31.14 Request I then received another letter from DRP on 26 fen 2018 thanking me for my communication but explaining that i couldnt challenge the charge I ignored that and heard nothing until a few days ago when Gladstones solicitors wrote with a letter before claim dated 4th feb 2019 I understand that they will take it to county court Should i just wait for a county court claim and try defend this or is there another avenue.

I had a time to pay hearing today for a credit card debt. Cabot was represented by nolans. I offered 10 per month on my court documents. Nolans rejected this and today we had a hearing. I'm a bit confused by it all. I said I was financially struggling. I was told an open decree was granted and I had to pay. So what does that now mean? I asked what happens next and was told that was up to nolans. Help!

Good Evening I'll try and keep this short. I have been successfully defending Court claims from Lowell's with the help of this group, they usually give up when it gets to the stage where the judge tells them to supply the court and me with my cpr requests or file a properly completed claim by a certain date or the case will be struck out. Today they have sent me a curve ball for their latest claim against me. They have sent me a Tomlin Order to sign. They have not supplied all of the information they were told to supply. I'm guessing its their last ditch go at trying to scare me, they have 3 days left to supply the court with the information requested. Is it ok for me to ignore this letter? It's states that if I ignore this letter they will produce it at the hearing to prove that attendance costs could have been avoided. Thanks in advance.

Hi All - For those of you who have not read my issue, here is a history on another thread: https://www.consumeractiongroup.co.uk/forum/showthread.php?485667-Got-CCJ-due-to-council-and-bank-blunder!!-what-compo-should-i-ask-for&p=5116746#post5116746 In a nutshell: - own a rental property in another London borough to where I live - council initiated CCJ proceedings for non payment of Service Charges (payments were being made but without a reference, so monies could not be allocated to SC account) - council's solicitors were sending court paperwork to rental property, and not correspondence, despite council providing correspondence address - CCJ issued - Council solicitors have taken the responsibility to remove CCJ at no cost to me - in their draft order to remove CCJ, the solicitors were giving false info in their statement of truth section. AND still continued to send paperwork to rental property, despite having correct correspondence address. There have been invaluable help on this forum, so any help with this would be greatly appreciated. BF I know you mentioned suing them for negligence - could this be something we look at whilst waiting for SAR's from bank and council? Many thanks in advance, Jay

hi I have a court date with these regarding a supposed debt with vanquis card, it has gone through all the channels and ive defended the claim etc. I agreed to mediation but couldn't as I have been given no CCA or notice of the debt being passed to Lowell. so its gone to the small claims track and a date set in july that's if Lowell pay the court fees next month. I have requested a copy of CCA and any paperwork to do with the debt passing to Lowell, so far all I have received is a vague copy of an online credit card application with a covering letter stating that shortly after an account was opened . I don't think this is enough for them to win in court as without a copy of CCA it should not be enforceable, am I correct? please let me know if you can help and if you need any more information/ thanks

Hello I am writing on behalf of a friend regarding an outstanding debt (overdraft) with Halifax Bank. Since 2015, this has gone through Wescot Credit Services, Cabot Financial and is now with Restons Solicitors. They were out of work for a time but are now employed and wondering how to handle the Letter of Claim sent from Restons on behalf of Cabot. They are asking for payment of the sum £1,261 by 18 May and this just isn't possible. They say if it's not paid they have instructions to issue a Claim in the County Court for the full balance plus fees and costs. They then say Cabot is prepared to accept payment by instalments and ask that a financial statement be filled-in and returned by 18 May - but they don't want to engage with Restons in this way. Is this likely to escalate to County Court any time soon (this is the first letter received from Restons) or will they likely come back with some sort of offer? Do you have any advice on how to proceed. Thank you to everyone who takes the time to reply

I am trying to help a friend who lives overseas but whose father lived in the UK. His father died without leaving a Will and left an Estate worth £58,000. My friend has a Solicitor acting on his behalf in the UK but he was informed that his father was overpaid benefits from both the DWP and the local authority whilst he was alive even though he was living in a local authority run residential home. The total amount of the overpayment was £38,000. I am just wondering how is this possible when he was unable to make a claim for himself? My friend is only relying on the information received from his Solicitor but he would like to know how could he go about finding out the total amounts overpaid to both of these departments and whether indeed there was an overpayment. Any advise would be appreciated.

I got a pre action protocol letter with a form, from Restons for a next account which has been passed to Debt Managers (Services). I ticked box I and requested a copy of the contract, statement of account, details of any administrative charges, copy of notice of assignment and a copy of the default notice. I received a reply from them providing with a few details; date account was opened, address used (which is incorrect btw), last order date, last items ordered, last payment date and amount. The letter says I have not provided any information as to why I don't know if I owe the debt, and asking me to confirm 'why you are unsure if you owe the debt so that our client can understand your position'. It reads like a template reply to me, but I am unsure how to word my response. Do I need to give a reason why I am unsure under the pre action protocol, or should I write back simply asking them for the information I originally requested?

I have just discovered this site and forums, and fear I have made a terrible hash of dealing with Erudio with regard to my own and my husband's old Student loans (My own: 1 from 1990 (unsigned by SLC) for £420 but due to 9.8% interest (!!!!) now over £800 and really should have been written off had Erudio not been involved; and my husband's: 4 from 1993, 1994, 1995 and 1996 respectively and over £5,000). We had been happily deferring re-payment of these loans over the years until Erudio took over. The first inkling that we had that they had been sold to a bunch of debt collectors were involved were the classic "you are in arrears letters". At this point in our lives we were both suffering from health conditions (I had had a nervous breakdown and have since been diagnosed with an autistic spectrum disorder and my husband has since been diagnosed with IBD) - whether this had an impact on our judgement I don't know. We did initially ignore these, and people were saying definitely not to fill in their deferment forms, so we didn't do that either. We have historically been a fairly low income household, and I have never made any re-payments on my loan , whilst my husband briefly made a couple of repayments.(I cannot remember in what year.) We were harassed on a daily basis by telephone calls- often several times a day. My husband's account was then transferred over to Capquest, which did freak us out a little, I have to admit, never having dealt with debt collectors before. The same situation occurred with the letters and phone calls with Capquest. They seemed to be not taking any action on my account. We sent CCA requests in June 2015, to Erudio and received the copies at the end of July 2015. I complained to Erudio in writing about their tactics, their harassment, and asked them to remove the arrears from the account and to consider back dating deferment . I even took this to the FOS - no joy. I complained to SLC and said my loan had been miss- sold - I think I also took this to FOS - also no joy - I was told that I would have been able to access commercial lending operators!! We wrote to the director of Erudio explaining our situation and please could we just defer!! I believe the response was : Capquest are dealing with your account now - talk to them... At this point I became tired and gave up - they just wanted all the money and there seemed no scope for returning to the good old days of deferment. And it seems our accounts would never be written off now as we had broken the terms and conditions - welcome to harassment for the rest of our lives!! Last year Capquest were still harassing my husband - his mental health has been badly affected by his physical health - and he did not work for several months - he works for himself but did not have the money in his businesses to pay himself whilst he was unwell. I wrote to them and told them to back off in no uncertain terms. Neither of us claim disability benefits, we claim tax credits, which has kept us afloat. It had all gone fairly quiet on the Erudio front until a few weeks ago when a "remedy of account" package arrived with statements dating back to 2015, for my husband's loans. Closely followed by default letters for each loan (1993, 4, 5 & 6). And then last week a letter from Drydensfairfax solicitors which appears to be a letter before action. What is interesting is this : ----------------------------------------------------------------- Full details of the debt are set out below: . The amount owed is £5341.45 and no charges/interest are being added at this stage. . A statement of account is attached. . The agreement this debt relates to was entered into between you and SLC on 9th Dec 1993 and assigned to Erudio on 22 Nov 2013. A copy of the agreement can be requested using the reply form. --------------------------------------------------------------- They have stated that the whole amount relates to the 1993 agreement - in which only £800 was borrowed. The reply form also includes boxes where you can dispute the debt. With regards to my account, I have received the same "remedy of account" statements that my husband has, and, yesterday the same default letter. I believe it to be going down the same route. We do not have the money to pay these loans and are still under the re-payment threshold. I do not know what move to make next - as I understand that now they will never be written off, and I don't know what strategy to employ to deal with this new development. Any advice would be hugely appreciated.

Having received a parking invoice for parking on private land from UK Parking Management LTD, I failed to respond or appeal. As I am unlucky enough to be subject to another private parking charge , I had confused the two and thought I had appealed but it seems I did not..... ..I have now had a letter from Debt Recovery Plus asking for £160. I called them upon receipt and asked for copies of the original invoice and some other information (such as the address of the parking company - so I could write to them directly). All of my requests were (quite rudely) refused and I have now received a letter from them saying as it's at the debt recovery stage they are unable to consider any appeals. Where do I stand? (please)

my girlfriend took a loan out from provident on 6th December 2012 with a fixed term agreement £1134.00... her provident door sales rep money collector last collected payment 27th December 2012 . she recently had a letter from the lowell solicitors claiming to reply within 7 days.. today x2 days after receiving that letter she gets another paperwork SMALL CLAIMS TRACK . ( small claims court i take it?) i contacted the solicitors thinking that the case was statue barred because the length of time but obviously it was not... the soliciting group claims the agreement expired 20 February 2014.. what ever the amount was i know the provident group earns high interest from the ones struggling by lending them pittance (sad stateof affair but..) is she best off offering money or court session or.... any advice help much appreciated .. thankyou

Hello all, I received a letter today in the post from Gladstone solicitors requesting for £160. I checked online at HX car park's website the PCN quoted on the letter does not exist as it is not recognised. So I called the solicitors as they said to if matters needed to be discussed. Called to find out why there's a charge for a parking that was paid for and why no PCN issued and why is this the first time they can contacting seeing as date of charge is 04/03/2018. In which she responded rudely that they sent a letter in June and they are acting on behalf of HX Car management and if there is a problem with my post to contact royal mail and for my information they will be issuing a letter to the courts in which i said I've only just received a letter which i wasn't aware of and I've not been giving opportunity to appeal. Her response was to go to Citizens advise bureau. After speaking to a friend, he informed me to contact this forum as i really do not understand how a parking ticket which was paid for will result to £160. I wish I never spoke to her because it's giving me a bad migraine. Do not know what to do next? I've attached the letter received today.

Hi all I've received a letter of claim from Howard Cohen acting on behalf of Hoist portfolio Ltd. The debt relates to a former Barclaycard that started in June 2008 and later defaulted in in Dec 2013 (according to my noddle credit file). I was self employed at the time and quickly became over indebted at the time. The default amount is £12,500 and last payment made was March 2013. I've uploaded a redacted letter of claim I received recently. I received a very similar letter in Dec last year which I ignored and did not hear anything until now - the same request letter. If I respond should I send a CCA letter request to the solicitors? I have until 13th August to respond. Thank you all in advance. Ben Hoist Portfolio Ltd - Letter of Claim REDACTED copy.pdf

I received a Letter of Claim(pre action claim letter) from Lowell Solicitors on 03/06/2018, and have 30 days to send them the reply form, but just saw it today. Very worried if it is late. The Account start date 14/01/2013 Date of default 14/12/2013, the original company name is THree mobile, regarding 385.51 balance., so maybe a mobile contract wih handset. Then I sent the reply form back to the solicitors and CCA request to Lowell portfolio I Ltd, On 26/07/2018 received these letters from Lowell solicitor today( please see attached pictures) It says: "As this is former telecommunications matter it is not regulated by the Consumer Credit Act 1974, the original creditor is therefore not required to retain a copy of the Agreement, Subsequently, we are unable to request a copy of this document. A default Notice is a technical document that is applied to a Credit Agreement should a customer fail to repay the account.. As mobile phones have a Service Agreement and not a Credit Agreement, a Default Notice does not apply and is therefor not issued. " Since then they only enclosed a simple bill which is only 92.17 pounds from 3G, but Lowell asking for 385.51 pounds now., there is no other document for how it comes to be 385.51. It is not on the Term and conditions they sent neither. Also, on all the 3G letters, there is no 3G address at all. They said they hold my case for 30 days, otherwise will take court procedure. I am not sure about this phone contract, and not afford such big amount. What should I do next please? Anyone could give me some advise plz, what is my next plz? Should I send SAR to 3G? how can I find the address of 3G which I should send to plz? How should I reply letter for Lowell solicitor letter on 26/07/2018 plz? Thanks a lot for any advices! Thank you

Evening All, First of all I'd really like to thank you all for viewing my post and secondly I'd very much appreciate any advice you might be able to offer. Location: New Gun Wharf, Gun Makers Lane, London E3 PPM Parking Sign is Attached Letter from Gladstones is also Attached Approx location of my car at the tie is also attached On the 23rd December 2017 I went to visit a friend who lives in a private block of apartments. To enter his block, you first turn off the main road Old Ford Road (which leads onto a small cobbled road (this is Gun Makers Lane which is double yellow lined and leads onto a park), once on this road and about 20 metres in there is another left turn you can make onto a brick paved area which serves as a communal area for the the residents of the apartments . It's worth noting, that this area has retractable bollards to enter, but they are always down for vehicle access. There are always cars here but it is also worth noting that the block has underground parking for residents. (Its all very transparent if you google the location and do street view) I wasn't really long at all, however on my return I discovered a parking ticket from Parking and Property Management Ltd. It was dark and I really didn't bother to look for sign posts which outlined the conditions of parking there. I shoved the ticket down the side of my car door and forgot about it. Almost 7 months later I have received a 'LETTER BEFORE CLAIM' from Gladstones Solicitors, this letter is dated 17th July. Aside from this notice, I do not remember receiving any other correspondence from these people. I have trawled through my car and all my post again just to make sure and cannot find anything nor can I find the actual ticket They are asking for a payment of £160 or they threatening to take legal action. I have had previous experience with UK Parking Control and DRP in the past and have learned to just ignore these types of crooks, but on this occasion I'm not quite so confident given how many people I've seen go to court with PPM and Gladstones. I am a fair driver and generally do not get tickets, and on the occasions I do I pay them if its fair and legit. So guys on this occasion where do you think I stand with contesting the ticket? Really look forward to any advice and thank you all in advance for you help multipage PDF version of docs are now attached without refs PPM Sign, Gladstones Letter, My Location v2.pdf

Hi, first post here. I found this site after doing a google search on a firm of solicitors named on a letter sent to me today. It's a Claim Form that appears to be from Horwich Farrelly solicitors. The 3 page document has a court address as the County Court Business Centre, 4th floor St Katharines House Northampton NN1 2LH There is a claim number and it all looks like a a summons. It also tells me I can respond to this claim online at http://www.moneyclaim.uk. The claim is that I nudged into another car from behind approx 18 mths ago. T This is true. There was virtually no damage caused to either vehicle, just scratches, but the other driver insisted in swapping insurance details which I did. As soon as I got home I phoned my insurance company (the Co op) for advice and to report what happened. They told me to to wait and see if any claim came in. I thought no more about this matter until a few months later when my car insurance renewal was due. When I tried to renew my insurance the prices has gone up by between 50 - 100% regardless of which company I tried. Eventually after a lot of phone calls to the Co op I was told that a claim had been registered against me because I had called them to report the incident of the small bump, and that is why my quotes has shot up in price. I asked if they had received and paid any claim on my behalf, and they told me no they hadn't. But a claim could come in at any time in the following three years. They also promised me if they had not had a claim from the other party within a year they would review the fault claim on my record. I just accepted it, put it down to bad luck and my own fault for nudging the car. After a year passed I called Co op to ask if the other party had made a claim and if I could get the fault claim removed off my record? They told me that they had indeed been contacted by the other party and they had paid out a sum to the them to cover his loss of no claims bonus. I argued that they should have contacted me before to agreeing to pay any money to the other party as he's was clearly trying it on. But, again I just accepted it. After all that is what car insurance is for isn't it? I was fully comprehensive with 10 years NCB. Again I just put this down to experience. Now, out of the blue I have received the claim letter mentioned above. I don't know what to make of it? The amount claimed in the letter is £2070. Firstly I would strongly reject there was any damage to the other parties car (a 17 year old VW Golf). At most it had a scratch. But secondly, why are they contacting me directly? I was fully insured at the time by the Co op. They had my insurance details, should they not be making the claim through them? I'd appreciate any help or advice on this as I've never experienced anything like it before. I'm a middle aged lady with 10 years + NCB and a clean licence, until this. Lisa

Hi All What section would i post the following Yes i am one of many that suffered in the crash and thought some stuff would go away but yesterdays post brought me a letter from Reston Solicitors as well as a letter from Arrowe Global telling me my account had been transferred to a new agency, and that court proceeding will go ahead after the 12th Sept 18 The debt is from MBNA - Credit Card Date of agreement 28th Feb 2001 States Orginal Account No Date of Issue to Arrowe Global 29th November 2012 Outstanding amount £14425.26 From what i recall i did pay £1 per month for some time but cannot recall how long for or when i stopped the payment but i assume approx 3 years ago, i lost everything in the crash my business, house etc and have just started to get on a level playing field, and since this letter has arrived i felt sick and did not sleep very well at all with worry. My main questions for advice is should i respond to Restons and ask for CCA information ? or should i wait and see if they issue court proceedings after 12th September (their deadline) Any help advice would be truly appreciated Chris

Hi all. Brief background to my delimma; Opened up a vanquis account back in mid 2013, kept on top of it for a few years until I went through an extremely difficult time, they increased my credit limit to £2000 around the same time and I blew the lot and stopped paying because I didn’t care about anything. It was then sold to Lowell’s solicitors I ignored the first letters until I received the pre action protocol letter. I responded to that asking them to prove it. Today they replied stating they were waiting for response from creditor and my account is on hold in meantime. Total debt is £2396. But I also noticed some of the information on this letter is wrong. The last payment date and the amount is incorrect and also the default date. I checked through my bank statements and they’re a month out with the payment date. They have my last payment as November for £70 odd, but my last transaction was in the October for £30 odd. Then the default is recorded in May the following year. I’m wondering if it’s worth letting it go to court if they seem to have wrong information. Would be really grateful for any information or advice anyone has. Many thanks.

I live in an apartment building which comes with a parking space. One day my parking permit was not displayed as it had fallen off my dashboard of my car so a Parking Charge Notice (PCN) was found on my screen. I emailed the company, Spring Parking Ltd, to inform them that the permit had simply fallen on the floor of my car. Their response was that it is my responsibility to ensure it is displayed and that the PCN still applied. However, I never heard anything further from them about this. I subsequently had the same issue occur but as they never followed up on the first instance I didn't email them again. I then started to get letters from a claims company with the usual "this is what's due but if you pay within XX days it will be reduced". I have had these sort of letters previously when I had a dispute regarding an NCP car park and eventually they stopped and never heard anything again. However, in this instance I have now received a solicitors letter from Gladstone Solicitors (attached). Another resident advises that I should ignore it as it is private land and Spring Parking can't enforce the PCN anyway. Receiving the letter from a solicitors has raised doubt in my mind of my position. They want £155. My daughter also has had a letter from Gladstones regarding 3 PCN's she has received whilst visiting me. Would love some advise on both instances. I have also attached a photo of the signage that appears in the parking area for reference/ information. docs1.pdf

Hi - I know this has been advised on loads of times, so i'll keep this brief as possible. I have read and read the threads and have formulated my defence, I just wondered if someone would cast their eye over it and make sure it reads okay. Background: Name of the Claimant - Lowell Portfolio Date of issue – 7 February 2018 AOS on MCOL entered on 7 February 2018 What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. Full POC 1.The Defendent entered into an agreement with BT Plc under account reference..... 2.The Defendant failed to maintain the required payments and the services were terminated. 3.The agreement was later assigned to the Claimant on 27.3.2017 and notice was given to the Defendant. Despite repeated requests for payment the sum of £349.54 remains due and outstanding. Claimant Claims: The said sum of 349.54 Interest pursuant to S69 County Court Act 1984 at the rate of 8% per annum from the date of assignment etc etc Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not sure What is the value of the claim? Total £458.75 Inc fees and costs (373.75 claimed) Is the claim for - BT Broadband Account When did you enter into the original agreement before or after 2007? After 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. Assigned to Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? 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? January 2014 account was closed (or I thought it was) What was the date of your last payment? 18 January 2014 for £301.88 which I thought settled 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 planicon? No I requested details the day I received the claim form from Lowell under (mistakingly the CPR rules for Credit Agreements, I got back an email stating that they were not required to retain and provide me with a copy of the agreement, also default notices does not apply and are therefore not issued etc. I honestly cannot remember what happened with this account. I left my home with my children as my husband was in a black hole of addiction at the time, and I left without most of the paperwork. He has subsequently passed away so I can't ask him either. So this is my proposed defence The Defendant contends that the particulars of claim are vague and generic in nature. Paragraph 1 is accepted. I have, in the past, entered into a contract with BT PLC, which was in dispute and never resolved to my satisfaction. I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim in my letter to them of 7 February. The claimant responded on the 13 February, but refused to provide me with a copy of the agreement, stating he is not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received. Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974. The account was in dispute and never resolved by BT. Paragraph 3 is denied. The claimant never served a Notice of Assignment pursuant to the LoP Act 1925. However they did subsequently send me a copy on the 13 February 2018. Therefore the Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show and evidence the nature of breach and termination. (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. 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. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief. Any comments or help greatly received

Thanks in advance for this site and all the posts and advice You are all the reason we have decided to put up a fight. Just for a context.... I have spent the last week reading everything I can possibly fit in to my brain on this subject and I just need some clarification on some points. My family and I were away for 6 weeks (28 Nov 2017- 10 Jan 2018) in New Zealand during that time my husband received a PCN (£60 early repayment) dated 29th Nov 4 days after the alleged incident (25th Nov) from HX Car Park Management Ltd. The PCN was for overstaying a pre paid time that was paid for. Needless to say we didn't see this or the next 'Outstanding Parking Notice' (£100) dated 28 Dec until we returned home on on 10th Jan. He got another letter dated 12th Jan which was a 'Final Demand Notice' (£125). At this point he freaked out completely, as you do, checked his diary and saw that he was not even the driver since he was working 40 miles away that day. I immediately wrote a letter (since he didn't have the time) (dated 19th Jan) telling them that he was not the driver and could provide proof of this if required, gave them a copy of flight ticket to show we were away and so couldn't respond to their letters and asked them to stop sending letters of a threatening nature and posted it recorded delivery. Obviously I did not look at this amazing forum (or indeed any of the other ones we have since come across) first (more fool me). We heard nothing for 2 months and then last week received an LBC from Gladstone Solicitors giving 30 days to cough up the now £160! I have since looked at so many forums and legislation, including the Pre Action Protocol, POFA and have whittled down what I think we need to do now which is draft a letter to Gladstones asking for: 1. an explanation of the cause of action 2. whether they are pursuing the driver or keeper 3. whether they are relying on the provisions of Schedule 4 of POFA 2012 4. what the full details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed) 5. a copy of the contract with the landowner under which they assert authority to bring the claim 6. a copy of any alleged contract with the driver 7. a plan showing where any signs were displayed 8. details of the signs displayed (size of sign, size of font, height at which displayed) 9. If they have added anything on to the original charge, what that represents and how it has been calculated. Is this the right thing to do? And may I post a copy of my drafted letter on here for you guys to check it's ok if you wouldn't mind that is? 10. All photographic evidence showing where the car was parked when the (alleged) breach was made. 11. Images of the time displayed on the P&D machine at the material time. 12. Evidence that the time on the machine was correctly synchronised with GMT. 13. Details of the amount that was paid and the length of overstay (as these details were not in the NTK) so NTK does not meet the POFA 2012 on this basis. They haven't stated that they are relying on the POFA in any of their letters and although they seem to have included most of the details required of them in the NTK as per the POFA they haven't been completely concise on all counts and the photos they provided do not have the car parked but is actually in motion on what looks like a main road. My brain is swimming with everything I have read and I can't decide what the next best course of action should be. Your help and comments would be greatly appreciated. Thanks!