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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (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; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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1st credit and Lloyds TSB Platinum credit card


hunterandthehunted
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well i havent got the foggiest what thats all about..

up early again lilly , i hope you haven't been having

nightmares about cca's.

 

i think i am defianely going to write to lloyds about

the whole years missing statements.

 

i assume thate if they dont provide the account remains

in dispute....

regards

hunterandthehunted

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lilly i see you got your wish about the rain. its been like april in east anglia all week.

 

i have put together a little letter explaining that my sar was incomplete

just wondering if yourself or pinky69 could cast their eye and advise. obviously it goes without saying that account in dispute still.

 

thanks

Dear sir/mam,

Upon receipt of my copy statements under the subject access request I note that they are incomplete. According to correspondence sent to me this account was opened in June 2002. You have sent me copy statements going back only to July 2003. Please supply me with a complete list of transactions and charges relating to the above account. Please could you also supply me with a complete list of accounts held or have been held with your organization.

The statutory maximum fee of £10 has already been paid on my previous incomplete request.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

 

 

Yours faithfully,

Edited by hunterandthehunted

regards

hunterandthehunted

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Dear sir/mam

I refer to your letter of 24th June 2009, the content of which is noted. No debt to your client is acknowledged.

 

On 16th March 2009 I requested a true copy of the executed agreement pertaining to an alleged credit card agreement with the above reference.

On 24th June 2009 I received a copy of a microfiched document comprising an application form and Terms for an upgraded card. I never at any time applied for a card upgrade from any bank and have no idea what this document pertains to.

I am also awaiting the outcome of a complaint made on the 11th may of which Lloyds tsb are investigating and I have a letter from them stating that I will have a response by the 4th august 2009, I enclose a copy for your records.

Furthermore I am awaiting a Subject Access Request which was made on the 17th may 2009 for which I Have had no response, I enclose a copy of my request for your records.

Therefore this account is firmly in dispute and you may not take any enforcing action, including but not limited to, adding charges and interest, demanding payment, passing the account in dispute onto any 3rd party or entering any information on my credit reference reports. Any attempt to do so will cause me to take further action, including but not limited to, a formal complaint to the OFT for breaches of the Consumer credit Act 1974, the CPUTR 2008 and OFT guidelines. I will further complain to the Information Commissioner in the event of any breach of the Data Proection Act 1998.

 

 

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Ok Well Done

 

We Still Need To Clarify The Accounts Numbers Etc.

 

We Need This Because It Will Change Our Tactics Info Is Everything

 

As We Would Need To Nail Them,

 

Well Its Friday A Glass A Wine Me Thinks

 

The Very Best Regards Lilly

 

 

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Ok Well Done

 

We Still Need To Clarify The Accounts Numbers Etc.

 

We Need This Because It Will Change Our Tactics Info Is Everything

 

As We Would Need To Nail Them,

 

Well Its Friday A Glass A Wine Me Thinks

 

The Very Best Regards Lilly

 

good idea, a nice bottle of blossom hill for me

 

ok i will send that letter and await their response.

regards

hunterandthehunted

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  • 2 weeks later...

well yes i was trying to inject a little humour and i apologise for any offence, i have received the same copies of letters from 1st credit as yourself and in fact after replying to one of their letters i received the exact same letter in reply? as far as they are concerned we should not pay them a single penny until they employ someone who can actually read letters and reply to individual points raised...i won't be and I AM a manger of a betting shop btw

 

and also me and my wife are also up to our debt in eyeballs too but thanks to following tips from this site we're probably only going to have to pay £7000 debts from £24,000 that we owe, I dont feel guilty about this as several years ago you could not walk into a bank without people telling you to take out such and such and would u like a bank loan? oh and heres a credit card oh and heres an extra £1000 on your overdraft go on and spend it!

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  • 2 weeks later...

dear all,

i have received a county court summonds and am really worried as to what to do next. obviously i would like to dispute it but will need some advise on how to respond. the date it was produced wa the 31/7/09 and i have got 14 days to resond after a 5 days from which it was dated. the court in question is not my local county court so i will not be able to attend also the claiment solicitors has not signed only in printed.

 

hi,

i really could use some help as i have just received county court summonds from lloyds tsb. all the details are on my thread entitled is this lloyds tsb cca enforcable. i have started a new thread as i hoping for as much advice possible so i can respond in the best possible way. i have limited internet use at the minute so cant check back as often as i would like. i should be ok by the weekend

 

thanks in advance for all your advice...

regards

hunterandthehunted

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Hi I recived one of these a few weeks ago :mad:

Can you post the poc (particulars of claim)

You need to go online and follow the instructions to acknowledge service and that you are defending the claim.

Send a cpr 31.14 to [problem] requesting the documents in the poc. (Don't extect anything). Post all replies and you will get advice. You could also get your thread moved to the legal forum where you will get help. Lok through the legal section and see ow other people are dealing. My thread is http://www.consumeractiongroup.co.uk/forum/legal-issues/190057-oh-bls-ltsb.html post 19 onwards shows how I have been dealing with this , with lots and lots of help.

Good luck.

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hi,

i really could use some help as i have just received county court summonds from lloyds tsb. all the details are on my thread entitled is this lloyds tsb cca enforcable. i have started a new thread as i hoping for as much advice possible so i can respond in the best possible way. i have limited internet use at the minute so cant check back as often as i would like. i should be ok by the weekend

 

thanks in advance for all your advice...

 

You need to post this in the Legal issues forum, where you will get appropriate advice.

 

You will also need to acknowledge receipt of documents back to the court, and then file a defence.

 

Is this Northampton court?

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Spot on from Cymru....can you tell us what the Particulars Of The Claim are ? (but don't be specific with the numbers) The next move is probably to send the CPR31.14 as has been said above, but it has to be in line with the Particulars Of The Claim.....also keep a close eye and don't miss the deadlines...

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dear all,

i have received a county court summonds and am really worried as to what to do next. obviously i would like to dispute it but will need some advise on how to respond. the date it was produced wa the 31/7/09 and i have got 14 days to resond after a 5 days from which it was dated. the court in question is not my local county court so i will not be able to attend also the claiment solicitors has not signed only in printed.

 

Dont panic about the court location, once you defend it gets moved to your local court as you are a LiP.

 

Follow 42Man and cymru's suggestions and keep it all on this thread, then people can see whats happened from day1

 

S.

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hi all,

and thanks for your support, i am not sure about which thread i should be using as i started another one in panic. also not sure if they have been moved and have not had the time to have a good look around the site as i am limited internet use until tomorrow afternoon.

 

anyway the particulars of claim are;-

1/ by agreement in writing and regulated by the consumer credit act 1974, the claiments issued to the defendant a credit-token, lloyds asset card, for the purpose of the defendant acquiring goods/services on credit.

2/ cluase 7 of the agreement provided that the claiments would furnish the defendant with a monthly statement showing the balance currently due, the minimum payment to be made and the the date for payment. if the balance was not paid, then provided the defendant made the minimum payment on or before such date, the remainder of the balance should remain outstanding and the defendant should pay interest upon it each month in accordance with clauses 8 and 9 of the agreement.

3/ in breach of the agreement, the defendant failed to make payment and on **/**/06 the claiments issued a default notice pursuant to section 87 (i) of the consumer credit act 1974.

4/ on the **/**/06 the claiments did issue a formal demand to the defendant.

5/ the claiments therfore claim the balance due under the agreement £****

signed or rather printed m f thomas

 

Spot on from Cymru....can you tell us what the Particulars Of The Claim are ? (but don't be specific with the numbers) The next move is probably to send the CPR31.14 as has been said above, but it has to be in line with the Particulars Of The Claim.....also keep a close eye and don't miss the deadlines...

 

whats a CPR 31.14?, i have got an aknowledgment of service form

a defence and counterclaim form and an admission form

regards

hunterandthehunted

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whats a CPR 31.14?, i have got an aknowledgment of service form

a defence and counterclaim form and an admission form

 

Hunter, a CPR31.14 is a request for documents mentioned in a Particulars of Claim, in your case they have mentioned an agreement and a default notice so you can request these under CPR 31.14. I believe the letter has been posted above or at least the weblink to it by Cymru

[Edit... its here, take out the things listed other than the agreement and the default notice]

 

This needs to get sent off asap and by recorded delivery so you have proof of receipt.

 

You also need to acknowledge service as this gives you an extra 14 days to file the defence.

 

S.

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Hi I recived one of these a few weeks ago :mad:

Can you post the poc (particulars of claim)

You need to go online and follow the instructions to acknowledge service and that you are defending the claim.

Send a cpr 31.14 to [problem] requesting the documents in the poc. (Don't extect anything). Post all replies and you will get advice. You could also get your thread moved to the legal forum where you will get help. Lok through the legal section and see ow other people are dealing. My thread is http://www.consumeractiongroup.co.uk/forum/legal-issues/190057-oh-bls-ltsb.html post 19 onwards shows how I have been dealing with this , with lots and lots of help.

Good luck.

thanks

 

ok guys, i have been online and done the aknowledgement of service.

i have stated that i wish to defend all of this claim.

 

what do i do next?, i have posted the poc and will send a cpr 31.14 to [problem] but am stuck at the first hurdle as they have sent me a ca. when should i need to file a defence and what will i need write?

 

sorry for being a pest but i really am confused and have no idea what to write. i have read through cymruambyth's ongoing case which

is similar and has gave me an insight as to what to expect ,but obviously every case is differant.

 

thanks

 

JUST A NOTE AM I ON THE RIGHT TREAD SOMTHING ABOUT LLOYDS AND COURT ISSUE.

 

are we using ,this one, its been a long morning.

 

lilly, of course you are. dont desert me now..

regards

hunterandthehunted

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