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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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County Court Claim- Bryan Carter


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Pay the claim and refuse the balance. If they sue for the balance, file a defence claiming estoppel and abuse of process. Henderson v Henderson has been mentioned - the leading case, but there are many since then, which support the above.

 

This could be a cheap way out, if you can afford to pay the small claim. Even if you not pay and they get judgment, they cannot proceed for the balance. If they do - as above!

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Pay the claim and refuse the balance. If they sue for the balance, file a defence claiming estoppel and abuse of process. Henderson v Henderson has been mentioned - the leading case, but there are many since then, which support the above.

 

This could be a cheap way out, if you can afford to pay the small claim. Even if you not pay and they get judgment, they cannot proceed for the balance. If they do - as above![/quote

 

Sorry i dont agree with that

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Surely if I pay that means I accept the debt?

 

I can't even remember this account, and if it was it could have been in thr 1990's.

 

So do I just base the defence that I do not aknowledge the debt and they can't prove it?

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Creditcardmug,

 

Do you say ignore because you do not think anything should be paid (I can understand why) or because you do believe they can proceed on the balance later?

 

Would you not agree that it is a basic principle that a claimant should bring the entire action, as provided for both in the CPR and the many, many authorities on the exact point.

 

In addition to the above, the practice clearly breaches the OFT guidelines re: debt collection - multiple actions/costs/fees, to the benefit of the lawyers involved. Had the entire claim been advanced in the first instance, such a situation would not exist.The practice is oppressive, onerous, abuse and vexatious.

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Nothing should be paid.

If the claim was paid, they may or may not bring a further claim which may not succeed, but at the very least it would bring further anguish for the OP

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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I can just about read it, it says they are going to start fresh proceedings for the full amount, but they cant do that!?

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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well, it depends if a defence was filed

 

if it was then they should not be restarting proceedings without leave from the court

 

the problem is that until i know if a defence was filed and also what teh NoD and other letter actually says i cant advise further

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well, if you didnt file a defence at all then you are likely going to recieve a new claim for the full amount

 

they can do this as well, as part 38 CPR does allow it

 

38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

 

 

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PT2537 is correct.

 

Even if a defence had been filed they could still re-issue for the full amount. You could have (at that stage) made an application for fresh proceedings to be stayed pending payment of your costs (if any) on the basis that a NOD gives automatic right to your costs and to proceed to assessment of those costs.

 

I appreciate what Creditcardmug is saying, but there are circumstances when payment of a small part of the debt, in full, is a result. You cannot not pay all the time. Nice thought as it is.

 

The reason - costs - for the discontinuance is rubbish. By suing you for the full amount (if they do) will only incurr further court fees. This firm appear to be playing a numbers game (sue a 1000 and 900 will pay in some amount). Defend the case and it appears they do not have the ability to cope (brains or manpower). I assume they are 'connected' to a DCA - same addresses and all that! They are litigating by numbers. Mess up the sequence and a result could follow.

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But surely the courts can't allow them to open and shut cases all the time, this must be classed as a waste of thr courts time.

 

I'll just wait and see what happens.

 

I'll keep you upto date.

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Hello,

 

I just logged into the money claim site and it doesn't say case closed. However does the letter mean it's over for now?

 

I'll ring the court in the morning and find out.

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