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    • I have added their poc in your above post for clarity.   you need to address para 3.    bump point 3 forward down 1 number and add in:   3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .    if mcol is still flaky ….   MCOL is only one way of responding to a claim.  . If you are having problems logging in, or would prefer not to use MCOL,  you can fax, email or post your response to the Court instead.  If you send your response by e mail  please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim defence response” and quote the claim number in the subject field.  . neither by email nor MCOL do you need to inc I confirm that the above facts and statements are true to the best of my knowledge and recollection.
    • you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence. you've been here +6yrs and have numerous court threads and numerous private parking ticket threads  but somehow always seem to screw up one way or anther..   if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .   POC   1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.   2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract).    3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.   4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.   5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).   defence:   1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.   2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.   3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.   4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park.    needs firming up people...   you can file by email if MCOL is playing up still though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,      
    • OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.   Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!   Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.        
    • I’ll get a picture of the signs tomorrow and see where I get ringing the council about the planning. Also how long do I have to get the defence in? I know you said I will have leeway but I can’t have that much.    Thanks  Andrew 
    • now read the letter properly and carefully.... doesn't say WILL anything...   unless you are purposefully buying these in bulk and knowingly doing it their client will not be the least bit interested in you.
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missy

Missy - v - 1st Credit

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Spot on MC, although it pains me to type it :(

 

:evil: At stupid judge for moving the goalposts!

 

But, I'm learning thanks to you guys 'n' gurlz and that's gotta be worth a big smiley :-)


The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi

 

Just an update on this situation. 1st Crud tried again to pass this on to a different DCA. I seemed to have put the brakes on that again by using letters found in the library.

 

As previously mentioned !st are still reporting this to CRA and I have a big black D every month since March 2009. Can I clarify that if I am prepared to sit this out then I only have untill Mar 2015 where the alleged debt becomes statute barred.

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SB comes in to play in most debt situations if you haven't acknowledged the alleged debt in writing, or paid anything off the alleged debt for six years... CAG does not advocate debt avoidance but we can, where possible, give you the information to help and/or seek help from appropriate organisations such as national debtline or CAB. If the debt collection agency, in this case 1st credit, breach your rights under the OFT guidlines, CPUTR 2008 or UCPD 2005/29/EC please report them to Trading Standards and the OFT via consumer direct because they are/were under OFT sanctions for unfair debt collection processes including issuing Statutory Demands and using the insolvency services as a method of debt collection that the OFT are very concerned with.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Another update on this long running saga. Every once in awhile !st try all different permutations of threats. The latest one is to now threaten me with bankruptcy proceedings. I would like to now make a formal complaint against them and maybe even ask for a 3rd party to resolve this. Who would be the body that I complain to?

 

Thanks

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Another update on this long running saga. Every once in awhile !st try all different permutations of threats. The latest one is to now threaten me with bankruptcy proceedings. I would like to now make a formal complaint against them and maybe even ask for a 3rd party to resolve this. Who would be the body that I complain to?

 

Thanks

 

Formal complaint to 1st Credit followed by a complaint to the Financial Ombudsman service, if you're unhappy with 1st Credit's final response to your complaint. It will cost 1st Credit a case management fee of £500 (I think) if you do refer to FOS.

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As far as I'm aware the above response is correct although, of late, I have not kept up with OFT guidelines as I have been involved with multiple groups/organisations etc. mostly regarding the Welfare changes that IDSIOT is hell bent on bringing in to the very real and severe detriment to the very poorest and most vulnerable people in our society...


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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the fos will not decide as to whether your agreement is enforceable or not only a court can do that. They will however decide as to whether 1st C have treated you fairly or not following an unsatisfactory respose to your formal complaint


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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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the fos will not decide as to whether your agreement is enforceable or not only a court can do that. They will however decide as to whether 1st C have treated you fairly or not following an unsatisfactory respose to your formal complaint

 

Allegedly, 1st credit do not like Trading Standards, the OFT (had them under a list of sanctions for ages, not sure if they still have), FOS and they're scared s***less by the new version coming in with more teeth in April 2014 :)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Allegedly, 1st credit do not like Trading Standards, the OFT (had them under a list of sanctions for ages, not sure if they still have), FOS and they're scared s***less by the new version coming in with more teeth in April 2014 :)
so best way forward then to link your complaint to the OFT debt collection guidelines and consequently CPUTR2008 breaches, and then complain to the FOS and TS:lol:

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Ask 1st credit about the UCPD 2005/29/EC and the CPUTR 2008 and see how loud they scream... Mention this to the them as well - http://www.consumeractiongroup.co.uk/forum/showthread.php?147392-CCA-DCAs-and-the-Unfair-Commercial-Practices-Directive and ask them if they feel ok ;)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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well if 1st C as assignees dont think they are "the creditor" for the purposes s78 in this instance Jones v Link Financial may help to disillusion them:-)


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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well if 1st C as assignees dont think they are "the creditor" for the purposes s78 in this instance Jones v Link Financial may help to disillusion them:-)

 

BB v 1st Credit, on many occasions, should have disillusioned them, but they appear to have yet to grasp the fact that they are debt purchasers in many cases and are very often very wrong in that the alleged debtor is not their victim at all and have been proven so, scared off but then reappear when they feel like it :roll:


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Thank you to all who have offered advice. I have written again to !st and told them I am minded to make a complaint.

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Hi Missy,

 

I've been reading all the thread and have noticed that you'd been advised by a few to send for a SAR but all you've been chatting about is the CCA

 

You've never answered this from others, so now I'm asking? A simple yes or no .......... I've done one recently and its picking up anomalies.

 

Also you were asked about PPI and reclaimable charges, have I missed your answer? My SAR has shown up some.

 

NM

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I have agreed a partial settlement with !st with the agreement that they or anyone else does not chase for the rest of the disputed debt. This was in Feb and I just checked my credit file and the record is marked as PS (partial settlement) but it still says the account is in default. This is not what I expected. Will this account stay open with the CRA and be reported on every month as in default?

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A default will stay on your credit file for 6 years from the date of default. I have one with m&s on my file, they accepted a full and final of about 30% from me, marked it as partial settlement but the default is still showing, although m&s obviously don't update it anymore, my default is due to drop off this summer...

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Hi and thanks for replying.

 

I understand 6 year rule it's just that in the month I made the final settlement. They insist on calling it a partial settlement. this is what it looks like:

 

February 2014

PS

Partial settlement. The payment status has been reported as in default.

 

I an assuming in March there will be no other reporting and the defaults will start to drop off. The first was in April 2009 and so that will drop out in April 2015.

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The actual default won't fall off until 6 years after so will continue to show on your credit file but it won't be updated by the DCA. Mine shows it was last updated just after I made the partial settlement.

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