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    • ps i doubt the PCN says macdonalds?? MET dont operate a reverse trespass car park for mc'd's parkers going to starbucks...(occupants left vehicle claim) they only do that for the starbucks part  i bet you parked in the starbuck side and walked to MCd's? dx    
    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
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1st Credit/moon beever Claimform - AA HBOS***Settled Tomlin Order***


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Hi,

I researched the Default Notice.

 

The copy of the default notice they sent me, which I received Thur 12th Feb 2015 has all identifying information blacked out.

 

The Default Notice I received in June 2009 is dated 27th June 2009 (Saturday) and date to be paid 'before 11th July 2009'.

 

Now I could not receive this letter until minimum 29th June 2009 and 14 days to pay is 13th July 2009.

 

Does this help me in my court defence?

 

Or can I go for unlawful recission?

 

Gill

 

 

generally, unlawful rescission isnt really applicable.

depending on how the dj interprets things, a defective def notice may need to have more than so called 'minor' deficiencies. but, is worth mentioning and arguing in addition.

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Fair enough...have you not received a general order since the hearing stating what each party must now do?

 

Start by bringing their original particulars forward...I take it you have not had any response to your initial defence...apart from their WS in support of the SJ application?

 

Hi,

No I have not had a general order yet, courts said it would take about 2 weeks.

I don't understand with what you mean in 'Start by bringing their original particulars forward'-(edited, I see you have done this above, but what for?)

 

 

I have received WS and application form, default notice and notice of assignment, terms and conditions for 2004, and current terms and conditions, and statements.

Gill

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Hi

Is there anyone who can help me?

 

Over the past years when I have asked for help I did wait, patiently, i had the time then.

But on this occasion I am pushed for time to sort out a defence,

and could do with some feedback for a defence to put in.

 

I have read the dca successes and most of them have been struck out of court or claim discontinued, this is not happening in this case.

 

Am I going to lose this?

do they have a case to win?

is this why i'm not getting feedback

 

Sorry for rant but i'm stressed- I thought it was going ok, but obviously it isn't

 

why is no one talking to me?

 

sad gill

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Thank you Ford,

Why did I need to do that? I don't understand

Gill

 

Because their particulars are all you need to prepare a defence...that is if you are required to submit a defence or whether you need to submit a witness statement...which we are not sure yet...hence my earlier requesting if you had received any order.

 

The norm is to submit a witness statement...that is what you should have done for the last hearing ( application for SJ)

 

A witness statement is completely different to a defence...so until you can confirm (ring the court) it is impossible to advise on how you should respond.

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

 

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you have until the 28th ,

however, we understand you want to get this sorted by the 24th.

so still have 7 days.

 

 

this needs to be done properly and by those with the correct knowledge.

 

 

did the judge indicate that because you brought up the T&C's 8.2 issue

[when it was not in your defence as above] that was unfair

and you had to go away and revise it to include that?

 

 

or was it something else the judge said.

 

 

if a defence rewrite, we can work on that

if its a WQ etc you need to do

that's beyond me.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ah good andy has answered

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The claimant claims the sum of £13k for debt and interestlink3.gif.

 

 

On the 01.04.2004 the defendant entered into an agreement with AA personal finance ltd for a credit card ref no 9999.

On the 01.11.2009 the defendant defaulted on the agreement with outstanding balance of £12k

the debt was assigned to st creditlink3.gif for the sum of £12k.

Notice of assignment was sent to defendant in accordance with S.136 law of property act 1925. and

claimant claims

1. the sum of 1£2k

2. Statutory interest pursuant to section 69 of the county courtlink3.gif act 1984 at a rate of 8%

per annum from 01.07.2013 to 01.08.2014 £1000.00 and 2.49 daily rate until judgement or sooner payment.

My attempt at a defence?:

The application form is not a consumer credit agreement. It is not signed by them.

They refer to the form as an application form not an agreement in their WS.

The terms and conditions enclosed in their WS were not present at the time of signing. These were only available after many requests for them. They are undated, so no proof as to when they were created.

The default notice is incorrect, it does not give 2 weeks to pay. without a correct default notice the debt cannot be assigned to anyone. Therefore 1st credit cannot make a claim on this account.

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gill forget the above...its as bad as your first......log off now get some rest.....ring the court first thing tomorrow and ask if they are issuing a general order further to the hearing of xxxxxxxx and are you directed to submit a defence (full particularised defence ) or a witness statement in response to the application for summary judgment.

 

Once that is confirmed...we wont waste any time and a suitable draft can be put together in time.

 

Regards

 

Andy

We could do with some help from you.

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It is a defence that is needed, she said put everything down that I wish to be brought up

 

 

Thats just my point ...you dont put everything into a defence....that is a witness statement were you expand into detail.

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

 

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I know Ford said the default notice was ok, but they only sent me 'template copy', I have the default notice. I don't think they realise the dates are wrong or that I have the default notice.

So I will use this in my defence.

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go ring the court and ask!!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I know Ford said the default notice was ok, ......

 

 

re post#74, i said depends on the judge on the day. the judge might adopt the so called 'de minimis' principle, or even see it as served in time, as seen in some other cases.

but could still mention it in addition.

is there anything else wrong with def notice?

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re post#74, i said depends on the judge on the day. the judge might adopt the so called 'de minimis' principle, or even see it as served in time, as seen in some other cases.

but could still mention it in addition.

is there anything else wrong with def notice?

 

Dx I don't think so I will check tonight.

I couldn't ring court I was at work and details at home and my husband has to ring anyway. I can get him to ring tomorrow am,

Gill

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should of organised that last night rather that keep faffing around like you were.

 

 

concentrate on what needs to be done

not worry about the might's and if's

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I wouldn't waste anytime on 'errors' with a default notice

as long as 'one' was sent - that's about the only thing worth arguing about.

 

 

you're main issue I can see is the 8.2 issue

 

 

they cant send a CCA return and not the correct T&C's to go with it.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

I have looked at the terms and conditions I have been sent

 

 

there is a bullet point referencing 8.2 which relates to the point raised on the application form.

 

 

But the terms and conditions do not have a reference or link to the agreement,

they are just typed out,

no proper headings ie 'AA' or Bank of Scotland on them.

Is that useful.

 

I found an old file with AA statements (on pc) and in their I had scanned an update to terms and conditions which had AA on it

and the account number and the AA yellow across it, making it no doubt that it was for the account.

 

I may not be able to get back on here until tomorrow evening,

but will post when I find out about court order tomorrow

gill

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forget about any old paperwork you have

 

 

any paperwork relating to the claim and of ref must come from the claimant or the sols

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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