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    • AndyOrch
      Backdoor Link CCJ - old Barclaycard debt - Default Judgment set a side - hearing in 2 days - Witness Statement help urgent!

      By AndyOrch · Posted

      Few tweaks as the run order was completely messed up and the main point of your defence (reconstituted agreement) pushed to the bottom of the statement.   I, XXXXXX, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in this claim and further to my set aside application dated 1 November 2022. 1.The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts in person in the opening paragraph. It is my understanding they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 2.  I understand that the claimant is an Assignee, a buyer of defunct or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment. 3. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights.  This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information).  The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 4.  I became aware of original Judgement following a routine credit check on or around 14th September 2020. 5. The alleged letter of claim dated 7 January 2020 was served to a previous address which I moved out of in 2018, no effort was made to ascertain my correct address.  I have attached a copy of my tenancy agreement which is marked ‘Appendix 1’ and shows I was residing at a difference address as of 11 December 2018 and was therefore not at the service address at the time the proceedings were served.  I have also attached an email from my solicitors to the Claimants solicitors dated 14 July 2022 which was sent to them requesting that they disclose the trace of evidence they utilised prior to issuing the proceedings against me.  This is marked ‘Appendix 2’. The claimants solicitors did not provide me with these documents. 6. Under The Pre-Action Protocol for Debt Claims 2017 a Debt Buyer must undertake all reasonable enquiries to ensure the correct address of a debtor, this can be as simple as a credit file search. The Claimant failed to carry out such basic checks. Subsequently all letters prior to and including ,The Pre action Protocol letter of claim dated 7 January 2020 and the claim form dated 14th February 2020 were all served to a previous address which I moved out of in 2018. 7. Upon the discovery of the Judgement debt, I made immediate contact with the Court and the Claimant Solicitors, putting them on notice that I was making investigations in relation to the Judgement debt as it was not familiar to me.  I asked them to provide me with a copy of the original loan agreement but this was not provided to me.   The correspondence to the Claimant Solicitor's is attached and marked ‘Appendix 3’ 8. On (insert date) I successfully made application to set a side the judgment. The claim proceeded to allocation, 9. The claimant failed to comply with the additional directions ordered by District Judge Davis on the 2 February 2024 'The Claim shall be automatically struck out at 4pm on 3 April 2024 unless the Claimant delivers to the Court and to the Defendant the following documents.' None of these documents were received by the court nor the defendant by that date. (insert date you did receive the documents) I then sent a Data Subject Access Request to Barclays but no agreement was provided. Details the timeline of communication between myself and Barclays are attached and marked ‘Appendix 4’and the copies of correspondence between myself and Barclays are attached and marked ‘Appendix 5’. Remove irrelevant 10.The claimant relies upon and has exhibited a reconstituted version of the alleged agreement. It is again denied that I have ever entered into an agreement with Barclaycard on or around 2000.  It is admitted that I did hold other credit agreements with other creditors and as such should this be a debt that was assigned to Barclaycard from another brand therefore the reconstituted agreement disclosed is invalid being pre April 2007 and not legally enforceable pursuant to HHJ Judge Waksman in Carey v HSBC 2009 EWHC3417.  Details of this are attached and marked ‘Appendix 6’. The original credit agreement must be provided along with any reconstituted version on a modified credit agreement and must contain the names and address of debtor and creditor, agreement number and cancelation clause. 11. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not mislead the court. 12. It is denied I have ever received a default Notice pursuant to sec 87(1) CCA1974.The claimant is put to strict proof to evidence from the original creditors internal document software the trigger of said notice.  13.   As per CPR 1.4(2)(a) the court encourages parties to cooperate with each other in the conduct of proceedings in order to try and save time and costs for the parties and to also save the time and resources of the court however, despite vast attempts at mediation the claimants have been most unreasonable and have remained unwilling to mediate. 14. Until such time the claimant can comply and disclose a true executed copy of the original assigned agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Signed                 ………………………………………………….. Name                  XXXX Date                     30 April 2024   Run 3 copies Court /Claimants Sol/File
    • Alfy
      Iva with Hanover now been passed to credit expert

      By Alfy · Posted

      As one of you mentioned above I've been in a mess for nearly 20 years now and I'm ready to sort my credit report out now - the main reason I got into second round of debt is my kids being unwell and the state considering them not unwell enough for extra help so despite my son being in hospital for 3 months in one year we got extra zero help and I eventually lost my job and got into debt to just so I can be تا my sons hospital bed at his time of need - my life basically fell apart and all these debts got me again 
    • Alfy
      Iva with Hanover now been passed to credit expert

      By Alfy · Posted

      Gosh mate I've woke up this morning with half the worry I had last night when going to sleep!.  I can't believe how much this forum has helped me over the years and I don't  have the words to explain the gratitude I feel towards you guys -  Now that I've slept on it I feel ready to reject this company and my plan is to make them an offer to accept payments to date as full and final settlement - I will I think write them a letter once my review is completed or maybe just send it now whilst they are reviewing explaining my kids are unwell for which reason I'm struggling to survive and if I can politely request for them to accept payment to date as a full and final - I'll mention I don't have any cash or anyone to borrow from to offer a full or even part amount of the remaining balance of the iva and therfore am unable to make a offer of payment.   If they agree to at least even put my offer to the creditors then I feel it's better I hang in there and that way I won't have to deal with any possibilities of more defaults and ccjs    Right now the only adverse effects on my credit report are the iva that is now 3 years old and 2 Ccj one coming of this July and one thus October.    But I am worried new action will begin and new defaults and Ccj may start to appear because I've paying into an agreement im under the impression the 6 year rules starts again so yes I have lost of mixed feelings about this but I'm not going to lie you guys have put some life back into my breath this week as for the last 3 years I've felt caged like an animal and this morning I feel freer I can't explain how much but certainly my soul feel lighter today thanks to yin because I'm now viewing this review totally different to I do yesterday thanks to you guys 
    • Alfy
      Iva with Hanover now been passed to credit expert

      By Alfy · Posted

      Court name UNKNOWN Case number ********** Amount N/A Confirmed by Insolvency Service Date issued May 2021 Type Voluntary Arrangement Notes If you have questions about voluntary arrangements you should speak to the Insolvency Service.     I started this in 2021. So it's been about 3 years I've been paying. 
    • iamgnome
      One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

      By iamgnome · Posted

      Thanks @lookinforinfo@Nicky Boyi sent across the agreement earlier in this thread. No mention of financial reward to the MA. But, I wouldn't be surprised if it was done on the sly. As I said earlier, the owner of OPS is a convicted criminal, with a very shady reputation around these parts.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Private Parking Tickets - General discussion points

Alianmid

By Alianmid
in Private Land Parking Enforcement

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Affirmative

Affirmative

Posted
Posted

Now on letter 5, 2 from UKPC, and 3 from Debt Recovery Plus Ltd. Each letter ramps up the 'threat level'. The latest one is entitled 'Notice of Intended Litigation' and provides the details of a web site listing their successful CCJ's.

 

For some reason I can't be bothered to look at it. I'm too busying ignoring them.

 

Now, according to the established pattern I will wait for a set of solicitors letters, so I can ignore them too.

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Malley

Malley

Posted
Posted

Hi everybody, just to update you, its my anniversary one year ago this month I got my parking charge sorry my invoice :D and to celebrate I have put up all the letters I have received from Excel, Roxburghe debt collectors and Graham white solicitors around my house and as a touching reminder Graham white solicitors have even rung me a few times, bless them. My message to all of you who are going through all of this is listen to what the good people of this site have to say, I initially responded with a template letter but in hindsight I wish I hadn't bothered it makes no difference except confirming that you live at that address so they can bother you with more idle threats. I have had everything from "please send me £140" to final warnings to notice of intended action, and guess what I am still waiting & waiting. :rolleyes: Be strong and when you wont a bit of moral support vist this site. I like to thank the regular contributors of this site for giving there time and patience for answering all the questions posed to them, and keep up the good work.;)

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hovercraft

hovercraft

Posted
Posted

Hello,

 

This is my 1st post, so I apologise if it's in the wrong thread, or if I should have started a new one.

 

In Feb I was given a PPT in Totton, Southampton (free parking site, but you have to take a ticket, you know the sort) by a private company called BPA for failing to display a ticket properly. I argued this with the "warden?" and was told to send it all of to the address and explain, this I did.

 

Now having read some comments on this excellent site, and yes I have made a donation, albeit a small one. It seems ignoring the return letter/s is the way to go. However it's a company van.

 

And having just received a letter from the lease company stating I need to pay £130. So finally to my point, sorry for the long winded story;

 

1. if the lease company has already paid this and chase me for it, do I have any rights?

 

2. if they haven't paid it, what would be my next course of action?

 

Thank you in advance for any help.

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dbaygg

dbaygg

Posted
Posted

Your info is excellent. My problem was in Scotland which is occasionally subject to slightly different rules, but I offer this as a one-letter only solution (it worked for me!)

 

First, you are right, do nothing until 'they' write asking for driver details.

Using your guide template, I sent this:

 

I refer to your letter . . .

I confirm the information provided by DVLA, that I am the keeper of the vehicle.

I do not keep detailed records of the driver of the vehicle at any particular time.

I respectfully decline your invitation to pay the invoice raised by (car park)

Their reply showed they were totally P'd off. Bluster and smoke, and then they said that my car number would be included on their master database and checked if EVER I parked in one of THEIR car parks again, they would think of something horrible. (implied). So, whoever buys my car second-hand better look out; either that or the car park team are due to be in court for wrong ID etc!

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letshelp

letshelp

Posted
Posted

Now having read some comments on this excellent site, and yes I have made a donation, albeit a small one. It seems ignoring the return letter/s is the way to go. However it's a company van.

 

And having just received a letter from the lease company stating I need to pay £130. So finally to my point, sorry for the long winded story;

 

1. if the lease company has already paid this and chase me for it, do I have any rights?

 

It would depend on your lease, the usual ones state that they will pay all 'fines and penalties and pass on the cost to you, plus a charge for adminstration. However, what you have is not a fine or a penalty it is an invoice which is not usually covered in the lease agreement, so you should check first then argue your point.

 

2. if they haven't paid it, what would be my next course of action?

 

Tell the lease company to pass on all correspondence direct to you without responding to the ppc for you to deal with.

 

Thank you in advance for any help.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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IMMYOLLY

IMMYOLLY

Posted
Posted

:???::???:

Hi,

Only just joined and wondered if anyone can help?

I received a parking ticket for £100 (£60 if paid within 7 days) from Excel parking. This was for utilising 2 parking spaces (not in a Pay & Display).

I was just going to pay it, as I am a bit of a worrier!.... I then read all the posts and wondered whether I should or not?

I didn't see any signs about it being run by a private company until I had read the ticket and then I scanned the car park - would not have noticed the sign without specifically looking for it.

Any advice would be greatly appreciated. :-|

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Sloop

Sloop

Posted
Posted

I have had the two threatning solicitors letters a month ago & since then peace & quiet, I believe this can now be the end ,Al thro this site and advice not once have I replied to any threats ,so it works

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hovercraft

hovercraft

Posted
Posted

lamma; my company sent me a copy of the "enforcement notice" from the lease company for £130, and an admin charge letter from them for £20. LOL cheeky *******

 

I haven't replied yet, and no, no copy of the lease, perhaps I should mention this in any letter if they've paid?

 

Thx again for all and any help.

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letshelp

letshelp

Posted
Posted

Hovercraft.

 

Tell the lease company you are dealing with the [problem] invoices and that you DO NOT require them to forward any more of the ppc nonsense to you.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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tofu

tofu

Posted
Posted

BERNIE,

Thanks for the advice, I may well need it soon. Yesterday my vehicle had a PCN from a company called Universal Car Parks stuck onto it. My car was parked in a bay that was until recently owned by Milton Keynes Council. I went to have a look at this bay this morning and saw that there are a number of poorly place parking restriction signs around the area. Regarding the company, there is of record of them anywhere. The signs are new and not very obvious. This company wants £80 increasing to £100 in not paid in 7 days. They say on the back no payment, no appeal allowed (not in those exact words but exact meaning). Can you please tell me: Is the advice not to reply still valid and then to respond with a plain letter saying prove I parked it there and fire off a copy about Data Protection to DVLA and are this company in breach of any regulations - ther is only a PO Box number on the ticket and no other contact details at all? Has anyone heard of this company or know their pedigree?

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letshelp

letshelp

Posted
Posted
BERNIE,

Thanks for the advice, I may well need it soon. Yesterday my vehicle had a PCN from a company called Universal Car Parks stuck onto it. My car was parked in a bay that was until recently owned by Milton Keynes Council. I went to have a look at this bay this morning and saw that there are a number of poorly place parking restriction signs around the area. Regarding the company, there is of record of them anywhere. The signs are new and not very obvious. This company wants £80 increasing to £100 in not paid in 7 days. They say on the back no payment, no appeal allowed (not in those exact words but exact meaning). Can you please tell me: Is the advice not to reply still valid and then to respond with a plain letter saying prove I parked it there and fire off a copy about Data Protection to DVLA and are this company in breach of any regulations - ther is only a PO Box number on the ticket and no other contact details at all? Has anyone heard of this company or know their pedigree?

Don't take them so seriously, just ignore all the rubbish they send you and get on with your life.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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lamma

lamma

Posted
Posted
what if u admitted on the phone that it was you who was parked there and u were driving, only to come on here and find out u shouldnt have?

 

do they have wot they need now to be chasing u for the fine?

 

why do you think they always want an 'appeal' in writing ? and its not a fine.

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letshelp

letshelp

Posted
Posted
what if u admitted on the phone that it was you who was parked there and u were driving, only to come on here and find out u shouldnt have?

 

They haven't got that much sense to realise, don't flatter them

 

do they have wot they need now to be chasing u for the fine?

 

In their dreams!!!!!

 

regards

Please remember our troops, fighting and dying in our name. God protect them.

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tofu

tofu

Posted
Posted

LETSHELP,

Great ansa, that's going to make my weekend go just fine, thank you. By the way, my Mrs says that we must ansa the pcn otherwise the balliffs are going to take lots of stuff away. I've tried to show her these respop0nses but she doesn't want to know, any advice pls?

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crem

crem

Posted
Posted
LETSHELP,

Great ansa, that's going to make my weekend go just fine, thank you. By the way, my Mrs says that we must ansa the pcn otherwise the balliffs are going to take lots of stuff away. I've tried to show her these respop0nses but she doesn't want to know, any advice pls?

 

Steps yet to go through before getting to bailiff stage.....

 

3 or 4 letters from PPC

 

2 letters from their pet DCA (really still them in the same office)

 

2 letters from their "solicitor" (still them really)

 

Court papers issued (check them coz they often send "pretend" ones)

 

Defence filed

 

Court appearance (0.001% chance of getting to this stage)

 

Case lost, ordered to pay PPC (haha 0.00001% chance of them winning)

 

You don't pay within 28 days (why wouldnt you pay at this stage????)

 

PPC re-applies to court

 

Bailiff appointed

 

Total time elapsed 12 - 18 months.

 

So tell your wife she can reply to them next year still in good time before the bailiff comes to take stuff away. :D:D:D

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kiptower

kiptower

Posted
Posted

but the chances of them actually going to COURT is so little , and in most cases after the normal flood of letters as Crem has decribed they move onto the next victim,

 

seems every time a PPC tried the court they loose, shame that ,

..

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Stretchmo

Stretchmo

Posted
Posted

I recieved my second letter this morning. :D

 

This one has two lovely pictures of my car entering and exiting there car park. Pity there in black & white My car looks lovely in them.;)

 

Anybody else had pictures of there vehicle sent to them????

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