Jump to content


  • Tweets

  • Posts

    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

NR/Wallers Claimform - £29k Pers Loan *DISCONTINUED*


womble72
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5657 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

no

I will go through this with you dont fill anthing in yet and by the way dont bother with the C.A.B you will get all the support you need here on CAG

They will have 12 days plus 2 to reply if not they are then in default and account is rendered in disspute

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Replies 313
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Are you sure claiments are Wallers ? and not NR??????

 

 

 

 

andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Sorry been a long day it is Nr.

1st step:send a letter to nr with £1.00 postal order asking for my cca.

2nd step:check any letters if i have been charged any penalty charges

3rd step:dont fill in the court papers until nr have replyed about the cca

 

What if they do not respond and i dont fill in the court papers by the 14 days.

 

Will wallers take further action.

Link to post
Share on other sites

Hi

No send CCa request to Wallers

as for the rest we will talk tomorrow and i will check it with you

now dont worry about it and get some sleep your kids dont need a tired mum tomorrow and dont worry this is easly sorted

Dont worry about Wallers

 

Regards

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

apologies

Speak tomorrow

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

allan

go to bed now GAG directive

 

 

 

andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Morning Andy,

 

I got the nr default letter out and it was dated the 8th September.

 

The balance is £29022.79.

 

The arrears amount is £862.97.

 

It looks to me that there is no penalty charges stated on the letter.

 

I have another letter dated 4th October (formal demand) stating the default issued recently you have failed to pay the requested amount of £862.97 therefore we are now terminating the loan agreement with us.

 

 

What i do not understand is the figures on the default and formal letter are different than what the amount is claimed on the claim form ?

 

This to me is not clear at all ?

 

I will be on tonight Andy so i will speak to you then.

 

Kind Regards

 

Allan

Link to post
Share on other sites

Hi Womble,

 

Sounds like you are in a little pickle right now. Firstly do not panic, shame you did not come a bit earlier, but that does not matter. Do not ignore anything you are sent. Secondly, read this carefully and follow it: http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

 

Thirdly if you have been served court papers I suggest you write the letter in the above link requesting what they will rely on in court. You will see once you read the thread. Do not do a seperate SAR as this will take too long now!

 

You also need to discuss with CAB (I assume you are going to see them as you mentioned it earlier?) about asking for more time to file a defence a strategy all banks have been using on us...

 

Keep us posted here and we will all try to help...

 

Penfold

Link to post
Share on other sites

Have changed your thread title.

Also have a look here ;

Annbary

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

IF you have received a court claim for these people, DON'T bother with the CCA/S.A.R - (Subject Access Request) requests.

As there is action now being taken you are entitled to all the information that they will use in court.

Fire this off to them on NEXT DELIVERY.

 

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with **CREDITOR**.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

Be VERY careful whose advice you listen too

Link to post
Share on other sites

Hi Womble,

 

ok firstly, when did they issue the default, the date is important.

 

secondly, if you can, can you scan in a copy removing all personal details first, it is important that a default is in the prescribed format containing the prescribed lettering and giving the correct period of time to remedy the default, from what you have said this may not be the case.

 

it is not just penalty charges which can render a default invalid so bear that in mind

 

you should follow what Ben has said as you need to get the documents to really be able to prepare a cogent defense

 

Regards

 

paul

Link to post
Share on other sites

Hi Womble72,

 

If you are still in your DMP with Payplan they should help you filling in the court papers. With regards to going to Gateshead Court our first case was heard there (we couldn't attend as we live in the south) and they ignored our defence but our final hearing as been moved to the court near us which is standard procedure so the defandant can attend (you have to ask). Will let you know how ours goes.

 

Kind regards,

 

Benson05

Link to post
Share on other sites

Have changed your thread title.

Also have a look here ;

Annbary

 

Hi Mr Martin (Moderator) I am following this thred, but I tried the link you suggested and it don't work, It may be something I am doing wrong,

Could you please advise me ?

I would be much obliged,

John.

Please Click My Scales,Thank You very much

Link to post
Share on other sites

Hi Everybody,

 

Good luck Benson with your court case.

 

Ben the problem im am having on this sight is that im getting different answers of how to tackle these court papers.

 

Andy tells me to ask the solicitors for them to send me a cca within 12 days.

 

Dont fill out the court papers then you give me information about to send them another letter asking for a breakdown of charges.

 

Now i know the orginal loan was for £25,000 (£35,000 inc interest over 10 years)

 

I have been in this mess for two years now and the total amount is £29,000.

 

Now what you all must tell me is can i defend this if i do owe them the money ?

 

Or your telling me yes i do owe them £25,000 but they are charging me over the odds for charges because i have defaulted on the payment.

 

I need a clear guidline my head is spinning with all this information.

 

Firstly Andy gave me advice last night which i have printed a letter to Wallis solicitors for a cca for which i have done and also i must wait for a reply until i can fill the court papers in.

 

Someone please just give me a clear and understanding way on how to deal with this court form.

 

Womble

Link to post
Share on other sites

Hi Womble,

 

I can see you are getting conflicting advice and it is rather unfair on you.

 

ultimately, you are the one who has to deal with this action

 

The letter that Ben posted is a CPR request, this asks for disclosure of all the facts that the other party is going to rely upon and if they dont send you the info thats requested, you can make the court aware of that fact and also include this in any defence

 

can you defend when you owe them the money?

 

well that is a difficult question to answer as we stand here

 

yes you can defend , if they dont have a compliant copy of the credit agreement the court will be prohibited from making any enforcement order

 

 

to be able to say what your prospects of success would be will be difficult as at this stage we dont have the info on if the credit agreement is compliant,was it executed properly, does it contain the required terms

 

also did the default contain the required info etc so you see it is difficult to answer

 

the MOST important thing is that you dont sit around doing nothing.

 

my opinion would be that you are best served sending the letter ben posted

 

If you need any further help please shout

 

Regards

paul

Link to post
Share on other sites

Hi Paul,

 

Thanks for a quick response.

 

I will send Ben's letter off to the solicitors dealing on behalf of Northern Rock.

 

But do i need to fill in the court papers now or wait for a repsonse first because i only have 10 days left to fill it in.

 

Also would you know a rough idea when it would go to court does it takes weeks or months ?

 

Regards

 

Womble

Link to post
Share on other sites

Hi Womble

 

Dont worry about the court date just yet, in any case you will be informed in writing as to when the hearing is

 

with regards to filling in the court papers, i am assuming that you are refering to filing the acknowledgement of service?

 

if that is the case, you have to decide if you want to defend this action

 

if you do then you need to file the acknowledgement saying you intend to defend the whole of the claim

 

it is difficult to advise you what to do as like i said we do not have all the info that we would need to ascertain if they have any prospect of success with this action. without the credit agreement we cannot say if it is enforcable or not

 

this is our main problem

 

Regards

paul

Link to post
Share on other sites

Hi Paul,

 

Thanks for a quick response.

 

I will send Ben's letter off to the solicitors dealing on behalf of Northern Rock.

 

Good

 

But do i need to fill in the court papers now or wait for a repsonse first because i only have 10 days left to fill it in.

 

You will need to submit the defence before the 28 days + 5 days period is over. What was the deemed service date - it's always good to call the court to discover the actual day you need to file your defence on.

 

 

Also would you know a rough idea when it would go to court does it takes weeks or months ?

 

After you submit a defence, the claimant will have 28 days to decide whether to continue, and then it's in the lap of the gods when the first hearing date will be... this first hearing will be an allocation hearing, not the trial.

 

You will be able to submit an application to ammend your defence after you have recieved the requested information.

 

At this stage, speculating too much about what defence to use is somewhat dangerous... you simply don't have the information available yet to work out if the agreement is enforceable, if they have defaulted you properly (it doesn't sound like they have), or if you can reclaim charges.

 

If they don't get back in time, you will have to file a holding defence, basically saying that you don't have enough information to file a proper defence, but highlighing certain areas (such as, fairlure to provide documents, void default notice etc)

 

All in all, I know it can be confusing but listening to paul would be a good idea;)

Regards

 

Womble

 

If you want to defend you should file an acknowledgement of service, as paul says.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Link to post
Share on other sites

Hi ,

 

The date on the form is the 8th November 2007.

 

But it states that you have 14 days to reply.

 

Womble

 

You have 14 days to file an acknowledgement of service. This gives you another 14 days before you need to file a defence. worth calling the court up and asking them exactly what the relevant dates are (when do i need to file an acknowledgement of service, when do I need to file a defence?) - the requirements can be a little confusing, as courts have all kinds of odd holidays.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Link to post
Share on other sites

Well i will defend because of the following reasons.

 

Poc:

 

The figures on the poc differ from the default letter.

 

They have also said i have failed to pay any sum which is a lie.

 

These are the only two things i can defend on at the moment.

 

Also wont the court see in my favour if i have made payments via payplan and take my ingoing/outgoing into consideration.

 

If Northern Rock ask for a silly amount each month for which i cant afford will the courts agree with them ?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...