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    • Prices had already risen in expectation of action, with Brent crude near a six-month high last week.View the full article
    • Thanks everyone. Will speak with the manager first chance I get later today and let you know.
    • own topic created  tnx the info. dx  
    • this debt: MBNA Bank of Scotland Card debt- LInk got a CCJ - now want payment review - MBNA - Consumer Action Group and a barclaycard loan - did you ever send the a CCA in all these years.....when was it taken out?    
    • Welcome to the Forum. The PCN must be subject to Bye laws as the warning near the bottom of the PCN does not comply with the protection of Freedoms Act 2012 Schedule 4 Under Section 9 [2][f[] of the Act it should say: (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (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; Their version states they are pursuing you as the driver [because of the Bye laws they cannot transfer the liability from the driver to the keeper] even though you are the keeper. Should it go to Court Judges do not accept that the driver and the keeper are the same person. Obviously on many occasions another member of the family may be driving instead of the keeper. Indeed anyone with a valid motor insurance policy is able to drive your car. if any of the three cars were not driven by the keeper they are not liable to pay the PCN only the driver is.  as long as they do not divulge who was driving those lovely people at Alliance haven't a hope of winning against them in Court. What a shame. However while those keepers who were not driving are in the clear all is not lost for the other keeper drivers. Alliance still have to prove who was driving which is difficult providing those keepers do not appeal.  It is quite often that on appeal the keeper may say "I entered the car park at....."  immediately giving away that they were the driver. Plus even if you appeal it won't be accepted as a] they lose £100 straight away and b] mostly all the major car parking companies are dishonest scrotes. In the meantime you will be on the receiving end of threatening letters from Alliance, unregulated debt collectors and fifth, sixth or even lower rated solicitors all trying to frighten the life out of you to cough up. They can all be safely ignored since if you don't contact any of them they don't know who was driving so have no information that the can use in Court to identify the driver. Some time in the future they may send you a Letter of Claim which must not be ignored. Just let us know and we will advise a suitable snotty letter to send them which will show that you are not afraid of them and are happy to turn up in court knowing that you will win. Sorry it was a bit long winded.  
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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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CCJ with GE Money - Help with defense

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I am about to respond to a Claim form sent to me from GE Money re: an outstanding store card debt. I wrote to them requesting a CCA last August but got nothing from them. I am contesting the whole amount on the basis they can't chase unless they provide a valid agreement.


Is there a standard letter that I can adapt to send to the court? Any help would be appreciated.




Update: I responded to the courts after the 14 days to say that I was going to defend the claim. I stupidly thought this gave me a further 28 days to deal with it but have just realised it's a further 14!! This has to be back with the courts tomorrow??????!!!!! Is there something I can do online or have I totally messed up by not reading properly? I have the original CCA request and proof of postage with me? Also they sold the debt to CL Finance if that makes a difference?


Here's hoping!!

Edited by Giddy Kipper
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I suggest that you Post up details from the claim form, removing personally identifiable details and give rough amounts for the claim.


Don't worry - Someone should then be along shortly to give some advice.


I suspect this will involve sending a CPR31.14 request or similar to the claimants.


I have received alot of help in my thread - I just fileda defence prepared for me yesterday. Everyone has been really good to me so far so don't worry this is the best place to be.

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Thanks for the sailing but I have a funny feeling I've left it too late. This site is fantastic and I should have taken advantage at the time instead of leaving it last minute, which I seem to have done!

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Sorry to hear about your mixup - as someone new to this (as we both are) I know it is difficult to get a good understanding of what needs to be done and when.




When you say the defence needs to be in today - you may be still ok - on my thread someone said that you have 14 days - and if you acknoweldge service you get another 14 + 3 not 14. So what was the date on the original court claim form and what date did you submit your acknowledgement of service please?


Have you got a log in to moneyclaim online - you can post a defence online directly. Please try logging in to the website and see if a defence option is available - don't select it yet though you will need to get a suitable holding defence in place.


We just need to get someone who knows what they are doing to look into your details and see what they can come up with. so if you still have access to posting a defence - post directly back to the thread the details on the court claim (non identifiable). Do you have proof that you requested a copy of your agreement.


Without seeing your POC (particulars of claim) on the court claim it is difficult to know for sure - but from what I have seen in the forums details are usually lacking. If this is the case this may be your saving grace.


If all is not lost I would recommend getting help from the site team after posting up the court claim etc with your details removed. To do this click on the red triangle with an exclamation mark.

Edited by sailingman321
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