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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi, I have just been reading through this area and wondered if anyone could give any advice.

 

To cut a long story short my dad got himself into a mess with CC and a loan I manged to get some to accept full and final and i have eventually got most most of them to agree a repayment plan. Trouble is my dad is 60 next year and his paying his mortgage til he is 65.

 

He is paying the mortgage fine and we are paying CCs and loan the agreed amounts, but being realistic we are never going to pay all the debt back in 6 years at the amount we are paying. He owes around £50 000

 

I just wondered what my real options are, my mom is devestated at the thought of losing their house (we didnt know about these debts till 18months ago) the problem is there is equitity in the house.

 

I was wondering if they would agree to an acceptable amount to pay back without going through any insolvancy, but I suppose then they can change their minds at the end

 

Can anyone help I would really appreciate it

Thanks

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Have you checked that the CC and loan are enforcable? If not you could send CCA requests.

 

Also are there any charges added onto them ? If there is then you should start to claim them back send them each a SAR claiming any charges back should reduce each debt.

 

Hope that helps

 

saint :)

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Hiya,

 

Yes the majority of the cards and the loan is enforceable, one of his credit cards is before the act so we have to go with that one. I have statements for one of his cards with lots of charges on but dont know where to start with that do I just add up the charges?

 

I have been looking again today and an IVA is not a option I dont think not enough disposable income, we are paying through our own agreements but tried to do it through national debtline as they are struggling a bit with the payments we are making. But they say there is not enough disposable income for that!!!

 

I was considering writing to them all and asking what they would accept as full and final and then looking into raising the cash then at least we will just have mortgage and one loan then when it is paid it is all over but dont know if that will work due to how high the debts are.

 

I am really lost but need to sart looking at again I was sorting things and manged to get rid of a few but as I dont live with them and other things happen this took a back burner as they all went quiet when we paid agreed amounts but know the loan has issued a default notice even though they gave us until 23/05 to go back for a new agreement so I have written to them reagrding this.

 

Sorry if this goes on a bit

what do you think?

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Hello,

 

What it is my Dad signed the agreement in 1970 therefore as the credit act was 1974 it is not covered by those conditions. The letters we received about the barclaycards are on another thread if you wanted to look see what you think? I think I have pasted the link below

 

His other cards have provided the correct docs and have been quite good touch wood about payment it is barclaycard we have had the trouble with, and the loan company are starting a fight so it is getting pressurised again

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/122081-story-so-far-more.html

 

We would really like to find a end solution as due to the amount of debt he has got they wont accept these payments forever.

 

thanks so much for any advice you can give us :)

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There are options other than IVA / Bankruptcy ( which would both have implications for the property ). I would really recommend you speak to a professional debt adviser as they would be able to get more detail on the circumstances from you and go through all relevant options. If you are up to date with priority stuff like mortgage / council tax / utility bills / TV licence then the position isn't too bad. Unsecured creditors are in a weaker position.Call national Debtline on 0808 808 4000 for some detailed advice - they are happy to speak to 3rd parties if this is something you are helping your parents with.Best of luck

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That's an interesting one.... pre-1974 Agreements. I assume they would still need to provide some kind of enforceable paperwork though. I would post this query in the Legal section to find out any differences in their obligations before you do anything else here.

 

In any case, you can still re-claim the charges through a S.A.R - (Subject Access Request), but getting them to send statements/info. going back to 1970 will prove difficult. Having said that, the chances of them producing any signed paperwork from 1970 will be equally as difficult....

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