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    • just to be clear, the 'hyper links' are somewhat automatic in the forum software, sometimes we are not a direct party to what issues these are causing users?
    • Thank you for your advice so far, I appreciate it. However, while I don't have a problem with (subjective) reformatting of my posts, adding hyperlinks to keywords, etc., please can you stop editing the content of what I write - in this case, making sure this now potentially appears prominently for anyone searching the purchasing dealer on search engines? It is putting words in my mouth and is just rude. My earlier comments are based on what the dealer told me. Had I known what would have happened, should I have named them, I wouldn't have, as I cannot guarantee the veracity of the claim with my own eyes.    I am aware of the basic intricacies of needing to prove law, and how it works in general, and having to prove loss, etc. The only legal recourse mentioned was if I needed to pay for it myself - and if I need to go that way, I will keep a running update here to help others. I am aware I will have to pay for the repair myself before I go down any legal recourse. There are other aspects of the various acts that can also be explored if it appears they are not following their obligations, other than me paying and claiming back. I am not a lawyer, nor have I needed to understand that the legislation does this depth in the past - hence my asking for assistance here. The only reason I mentioned it in passing is that it is the last resort.   And again, I don't mean to sound ungrateful for the advice given thus far, and appreciate it, and you have already helped. I feel like we have gone straight to level 11.   My current view of this is: It's closer to £9k, having looked at it again today. You may be able to drop £9k at the drop of a hat - but I can't, especially around an already expensive time of the year. And I earn enough to put me in the smaller percentage of the county’s earners. I hated having to type that as it can come across as boasting, but I did it to explain that having that much liquid cash is unrealistic - especially with interest rates what they are. I would have to sell equity, cash out saving etc. This will take time. The only card I have with enough credit limit to cover that much is my company one, which is a no-go. I agree this is taking too long for a simple, albeit expensive fault. It's analogous to fixing a crack in a windscreen. No one would call for an engineer report on that situation to know what the cause and solution was The core driver for me arriving here asking for advice is the additional delay their potential cowboy of an engineering company will introduce. A view reinforced having spoken to them to arrange a date. I am not putting any more exact details or prices at this stage, because I don't want to be any more identified than you already have by changing the thread title. One Google and those with knowledge know exactly who I am, and I don't want to potentially damage relations with the parties on my side by opening a potential can of worms. Law of unintended consequences and all that. In hindsight, I regret naming anyone yet, as this can still realistically be resolved this week. I just wanted to initially come for education and understand my options. Hope for the best, plan for the worst. And to escalate if plan A or B didn't work.   To answer:     I think I have. I phoned them today again, asserting the complaint was raised as a rejection under section 75 and recorded the call. I plan to follow this up tonight in an email with all the magic incantations and keywords I seem to have to include. However, I would still appreciate it being proofread if I could send it to someone via a PM. This is not because I have left any details out, it is just that it will include details around the repair I do not want to put in the public domain at this time, as it may compromise my position.
    • Hobnail please don't take offence . DX covers so many different threads throughout the Forum so tends to be quite short in more ways than one. And while he may have been away from school when public relations were on the curriculum he is right when he said that you do need to understand how these crooks operate to be able to able to beat them in Court. All of us here want our members to win against the parking companies  and the best way is to see how others have handled similar situations. I expect he knows that you may not have looked at many threads on here to give you ideas to better your chances of winning.   You may have heard of the expression "Judge Lottery" on here where some judge comes up with an off the wall decision that virtually no other judge has come up with. So even where you have almost a cast iron case it can all go awry and the way to help circumvent these judges is to have sufficient knowledge and understanding to be able to counter his or her judgement.   I happen to think that no one should lose their case on airport land since the roads  are usually covered by the Road Traffic Act and /or Bye Laws since the land is not relevant land under PoFA. But it is surely better to be over qualified in your knowledge of your case rather than being under prepared. You never know until it is too late when you needed to be over qualified. We all hate it here when one of our members don't win their case so DX in his own sweet way🙂  is just making sure that you have the best possible chance of walking away a winner.   PS I had started to write this before Dx wrote his post just now.  
    • this thread is rather co-incidental to yours - same players same amount.     looks like prac/bw might have looked at credit files to see who also lived there at the time, whom sadly they think be responsible too.   you say like the above thread, EON refunded the £89 earlier as an over payment payment? how strange, and after you moved out now claim its owed.   you are correct in saying you owe nowt, its after you moved out....ruddy fleecers.   as that other thread too, does the PRAC letter state our client EON at the top?        
    • you indicated you had collected stuff from lowells sent your old address? that is what we are interest in?   what is in the vanquis GDPR return (SAR) is pretty much immaterial now as you've not mentioned or referred to any of it in your WS.
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aloysuish/pt2537

 

keep talking young men it s what makes this site worthwile and the reason for high viewing and great content.

 

we confirm that we have now obtained copy of form n244.downloaded from hmc office forms dept..

it would appear that you are able to fill it in before downloading and printing options this may be an advantage as my hand shakes when writing not because i have any disability but the expectation of getting something back for once.

 

djc

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DJC,

 

OK, fill it in on the screen then print it off. I do not have the form in front of me, but the following should allow you to fill it out.

 

There is a box top left. The hearing time is 10 mins, the claimant is to be served and the level of judge is District.

 

Most of the form is self explanatory. You as the defendant are applying to strike out the claimants claim. The reason for the application is the action is an abuse of process.

 

Now tick box C and overleaf type in the following:

 

The claimants action relates to a debt regulated by the Consumer Credit Act 1974. The claimant is a purchaser of delinquent debt. The originator of the debt (from whom the claimant purchased) was .

 

The particulars of claim discloses no cause of action against the defendant and/or lacks particularity so as to allow the defendant to be aware of the case he will have to meet at trial.

 

More importantly, the originator previously issued proceedings based upon the regulated agreement in 1993 under case number out of the . Annexed hereto is a true copy of the final judgment order in the 1993 action.

 

Having regard to the above the claimants action is an abuse of the process and the defendant requests the court to strike out the action and award such costs as deemed appropriate.

 

The defendant contends that the claimant has no right to issue this action which is substantivley the same as the 1993 action. It is apparent that the claimant purchased a debt not knowing proceedings had previously been conducted in relation to the same. If the claimant was so aware, then the defendant contends that the conduct of the claimant and/or the claimants solicitors is unnaceptable.

 

In all the circumstances the defendant requests an order as asked.

 

You only then need to sign the document and file 3 copies with the court. I suggest you send a copy to the solicitors with the following letter:

 

I enclose copy application filed with the court and invite your consent. In the absence of consent, I look forward to you explaining the actions of your client and/or your actions to the District Judge hearing the application.

 

The above will do the business.

 

With regard to escaping liability under the 1993 judgment, how long have you been making payments?

 

Why have they never attempted to securitise the debt (charging order) and to whom are you making the payments?

 

PT2537,

 

No worries. If you really want to put the wind up em' it is important to keep things tight. Never show your hand or plead in correspondence. I agree, generally you will be given latitude by the judges, but you cannot rely upon the same and always conduct matters as if you will not. The judiciary are becoming tired of seeing timewasting letters in court proceedings which have little relevance to issues between the parties. You get away with it because the DCA's employ less than talented solicitors who do the work for little money - pay peanuts, get monkeys etc. You dont need to rely upon indulgence from the court. I dare say you appear to have far more talent than the majority of DCA lawyers. Keep at it!!

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aloysiush

looks great and we fully understand what we have to do. but may we ask the following.

your questions first

one have paid each month continuosly without missed payments.

two. never received court action for securing house to this debt. thank god.

 

our questions

one. n244 do we sign or print name

two. when should we despatch n244 last minute or asap.

three. if we send n244 to early can the defendants cancell this claim and leave us still with the debt.

 

regards in advance

 

djc

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sorry to say, but you are stuck with the original judgment. Had you had a period of non payment/contact for 6 years - there would have been an out.

 

The N.244 should be sent asap. Send a copy to the solicitors tomorrow. Fax it if you can. You may be entitled to free court fees - form EX160 (speak to the court), but once the solicitor gets it they will consent.

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well at least this proposed action gives them plenty to think about.

 

my gut feel is they are not in control of this debt and it has been bouncing from universal credit-paragon-transcom-arrow global andlatest dca is credit and business services. we doubt if any of them can lay thier hands on original agreement or defaults or assignments.

 

we will be giving serious thought to our next move but it will be forth comming.

 

if anyone who has followed this thread has any ideas or proposals please step forward and help me make it happen.. thanks all

 

djc

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aloysiush.

just an update to thank you for our brilliant defence and to confirm letters first class post have been sent today to solicitors and court office.

 

one thing that we have observed watching other persons fighting thier own court cases is do not give up keep fighting and maintain a clear understanding of what your long term objectives are. therefore whilst we beleive it may almost be impossible to overturn the original ccj dated in 1993. we are going to have a crack at it assumming we can locate the procedures that are currently in force and just see how far we can go with it.

 

for the record we expect our opponent once thay have digested and hopefully accepted that on this occasion they lost, they are more than capable of finding some other means of providing plenty of aggravation.

therefore we are going to be ready or inadvance of any possible follow up...

 

djc

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we phoned northampton bulk centre court today to ask have you received our defense N244 and £75.00 cheque. they replied that they have transferred this claim to our local court and that a letter was in the post to us.

when we asked why have you transferred this claim. and please confirm if you are in possession of my defense they said it was not needed. after further discussion and talking to there manager they stated that an error had been made and they are recalling the case back to northamton and apologised for the error and to ignore the letter of transfer that was in the post. they confirmed that the N244 etc.. had not been received and can we phone up tomorrow after 3 pm. this we will do

for information last date defense to be filed with northampton is Wednesday 30th july.

 

whats the betting claimants solicitors have not received there's either.

 

we posted a business letter first class post 6.15 pm to cheshire last night at 9.20 am this morning they rang to say they rec'd it. Happy days.

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if you read the previous posting you will see that we are to phone northampton bulk centre at 3 pm today to find out if they have rec'd our n244 defence etc...that was posted first class 18th july, with enclosed cheque for seventy five pounds. we have just checked our bank account and it shows that £75 cheque cleared our account on 24th july so they have it. however during our telephone conversation with northampton court yesterday they stated it had not been received and that there system is updated immediately the defence was rec'd and this was paramount to the accuracy of there system. unfortunately it has failed to work in this case.

 

the moral to this saga is please do not rely entirely on proof of delivery because they are getting it wrong and if we were to now just sit back and do nothing possible judgement would have been awarded against us as no defence had been filed.

 

keep you posted if anything else raises its head.

who was it said lets do this ourselves its a lotter cheaper with the right advice.

djc

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further update to northampton bulk centre court.

as requested we phoned northampton court after 3pm today. they said that the defence N244 had still not been rec'd. when we enriched there understanding that they had rec'd the defence because our bank has cleared the cheque that was enclosed with the defence n244 application. they said that they were only just updating there systems with monday's/tuesdays post receipts. and consequently they must have the defence and it maybe in a pile that is waiting for filing. they further said that they will bring this case to the attention of a manager and would phone me if the encounted any difficulties or would we phone them on monday the 28th july, if we heard nothing.

you can see why so many unsuspecting defendants are being served with delinquent actions against them when even northampton court cannot get it right. we thought this was the small claims flag ship of HMCS.

 

djc

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Northampton is a flagship only in the mind of it's staff. It has been said, if you seek justice, don't bother looking in a court. Change 'justice' for 'efficient' and you are describing Northampton!!

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thanks for your welcome observations aloysiush. we notice that you are indeed burning the well past midnight oil.

just a quick question.

we have not heard from cope's solicitors would it be appropiate to phone them and ask what their intentions are or leave well alone.

 

regards djc

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we just rec'd phone call from northampton bulk centre court. they confirm that they have rec'd our N244application and defence. they apologised for the fracas but unfortunatly a new member of staff had handled this and got it wrong.( how many more we ask.) they then notified us that the case had been redirected to our local court and will be hopefully struck out then.

 

djc

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we have rec'd in this mornings post, notice of transfer of proceedings, from northampton county court to our local court. it reads,

 

to all parties

 

'this claim has been transferred to the basildon county court to strike out the claim'.

 

as we have heard nothing from the claimant am i to believe that i do not have to attend this court hearing(when notified) and that the claimants have conceeded.

 

any ideas

 

djc

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thanks pt and aloysiush for your advice,

i will phone local court midweek and confirm the transfer case details as i will attend as suggested.

 

any suggestions what i will need to take other than copy n244, copy of letter to solicitors, copy of cpr letter and supporting delivery confirmation. cannot think of anything else until we see presumably what comes out of the court.

 

regards

 

djc

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just an update

 

phoned local court to confirm has case had been successfully transferred from northampton court, and they have confirmed case file has been received.They are now awaiting the case file to be passed back from judges quarters with trial date and they will write to us in due course.

they also confirmed that no communication has been rec'd from the claimants. we will diary to phone them again in 7 days.

 

djc

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today we received court date of 8th sept to hear our n244 application to strike out .

so far we have had no correspondence from the claimants and no reply to our cpr18 request.

we are not considering any action other than to monitor this situation.

 

djc

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today we received court date of 8th sept to hear our n244 application to strike out .

so far we have had no correspondence from the claimants and no reply to our cpr18 request.

we are not considering any action other than to monitor this situation.

 

djc

 

Reading round the forums, the CPR 18 seems to be consistently ignored by the OCs and DCAs who only provide information once it has been ordered by the courts.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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this is a problem which i have been pondering, when i get a chance, i will put up a guide to disclosure and applications to the court to obtain the information required to build a defence

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this is a problem which i have been pondering, when i get a chance, i will put up a guide to disclosure and applications to the court to obtain the information required to build a defence

 

 

Thank you pt :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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DJC,

 

I suspect they will discontinue the action and/or consent to your application. Just sit tight. Don't worry about the Pt.18 it is defective and premature, they will not respond to it. This case will work out to your advantage - of that I'm convinced.

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citizenB i have sent you a pm please let us know if you received it also tried to copy this pm tp PT2537 and aloysiush but unable to make it happen( got confused with all the spaces and dashes sorry).

djc

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