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    • Your case shows the idiocy of employing a solicitor to do things you could easily do yourself. Had Countryside dealt with their own case they would have entered judgement on 4 June and there would have been no way back for you. But they thought they were clever by running to Rachael and Sean of BW Legal for a more "professional" (aye, right) service.  These dodgy solicitors can only make money on private parking cases by doing everything on the ultra cheap and certainly cant check the judgement date for every single separate case. Ho!  Ho!  Ho! Anyway, glad you got the defence filed OK. The next stage is that the central bulk court will send out a simple form called a Directions Questionnaire to you and to Countrywide which is part of the allocations process to your local court.  If you read this short thread you will see all the stages of the court process  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments
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    • Thanks Dx,    For some further information, the holiday was booked as a package holiday for 2. One of the 2 had to be changed, and changing costs £700 for a new flight as "tickets had been issued and they cant do a name change". I cant quite figure out how compensation works for things when it comes to package holidays.    From what I can tell  - The plane was due to land in Turks and Caicos to drop off passengers, something happened during descent, resulting in technical fault.  - The rest of the original flight from Turks & Caicos -> Montego Bay was cancelled  - A New flight was put on today, which was then delayed by 1.5hrs aswell  - Hotel was provided for the night after much hassle.  - 1.5 days, 2 evenings of holiday lost  If I understand correctly, since the original flight (LHR -> Turks -> Montego Bay) was cancelled, they are both entitled to a refund on that full flight? I can't quite work out if they are only entitled to a refund for the equivalent of Turks -> Montego Bay, or for the full LHR->Turks->Montego Bay, since it was issued as one ticket/all Virgin, and they should have arrived yesterday..?)  I can't work out how to get the cost of that compensation, or whether its a set figure, and how the loss of days of holiday is factored in   I am aware:  If you received less than 14 days’ notice of the cancellation, you are generally due compensation, awarded in pounds or euros depending on where your flight was due to depart from, according to the following scale: £220 / €250 for all flights of 1,500km or less (e.g. Glasgow to Amsterdam); £350 / €400 for all flights between 1,500km and 3,500km (e.g. East Midlands to Marrakech); £520 / €600 for all other flights (e.g. London to New York). Compensation will be reduced by 50% if the arrival time of the replacement flight doesn’t exceed the arrival time of the original flight by: two hours for flights of 1,500km or less; three hours for flights between 1,500km and 3,500km; four hours for all other flights. So I "think" its £520pp for the flight part as compensation (7500km)... but some sites say its a full refund for the flight... is it both?  Thanks,  Ryan  
    • Our business was only transacted digitally as I was not in England at that time.  
    • Funny. But not sure I should ! Wondering if I could place pots and plants - which a) would look nice and b) would it then be trespass and interference of goods?
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HFC bank and Restons newbie needs help! ***WON***


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hi nana, might be useful to have a look thru this thread by IGNM it shows how to put a defence n skeleton argument (he espouses keeping the defence simple and easy to understand and augment with statutes n case law in the skeleton if needed) forget the underlining as it was for an amended defence in IGNMs case.

maybe if u have a crack at it and post it up people will be able to give u their opinions.

 

http://consumeractiongroup.co.uk/forum/debt-collection-industry/191754-arrow-global-ignm-1st.html

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My credit file was defaulted on 28/02/09 please can someone help me put my defence submission together please.

 

It depends how you want to go about it the link r&b provided to shadows embrassed defense is short and simple: http://www.consumeractiongroup.co.uk/forum/legal-issues/203469-mbna-ccj-some-advice-2.html#post2221057

 

(Though you'll need to change paragraph 3 to state they sent some documents but not the agreement).

 

Though the defence from here: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191754-arrow-global-ignm-1st.html#post2077122 by I've got no money may be better for you (taking out the assignment bits).

 

You may also want to include a bit about them not being allowed to claim the collection charge.

 

Basicaly all you really need to point out at this point is:

 

- The claim is vague (all they have said is you made a contract on or around a certain date - you could have made any number of contracts with HFC on or around this date, which one are they claiming for?)

 

- They have refused/unable to provide documents to support their claim.

 

- Deny their allegations and put them to proof.

 

- Ask permission to submit amended defence was docs are produced.

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Ahh I am finally starting to get my head around all this..Thanks to you guys :)

 

I will post up my summary defence today for it to be looked over,and i will also send the subject access request to HFC today. If I didn't know about this forum I think I would be in a bad way..Thanks so much everyone who has contributed.

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1) I, ********** of ************** make this statement as my defence to the claim brought by **************

 

2) The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

 

3) Documents received pursuant to CPR 31.14 are neither admitted nor denied and are vague in content and structure and as a result I cannot plead in defence to the claim.

 

4) Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5) Further to that above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

6) I seek the courts permission to submit an amended defence should the claimant provide copies of the original documents he will rely upon.

 

Statement of Truth

I believe that the facts stated in this defence are true.

I am the Defendant.

 

Signed:

 

 

I have left of the charges for now will do that for the full defence. Could some one please check this over for me..I would like to submit it online today :)

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Ok just got a letter from Restons dated 23rd of June saying that they acknowledge receipt of my request for documentation under the CPR and will respond in due course. huh?? Would they be entitled to resend any documentation if they have realised a mistake has been made??? Or are they,as I am beginning to suspect, a bunch of muppets.:confused:

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Restons are bullies who try their luck on pick on those that are vunerable or don't have support to fight against them!!

 

They also don't seem to have a clue what they are doing - my claim agianst them has just been stayed because they didn't respond to the court in time. They spent £350 taking me to court and then didn't follow through when I disputed it and sent an embarrassed defence in - they also stuck a £3550 collection charge on top!!!!

 

Hit them with requests and they will run away with their tail in between their legs.

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haha I was just reading some of your posts on another thread to do with Restons yttp lol

 

I need advise as to whether this embarrassed defence is ok....or not? thanks in advance

Edited by nana buzzz
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Hi nana buzz

 

Looking in as requested.Ok the DN is invalid because it does not allow time for delivery ie 14 days exactly did it arrive by @email;)

 

Regards

 

Andy:)

We could do with some help from you.

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Restons are bullies who try their luck on pick on those that are vunerable or don't have support to fight against them!!

 

They also don't seem to have a clue what they are doing - my claim agianst them has just been stayed because they didn't respond to the court in time. They spent £350 taking me to court and then didn't follow through when I disputed it and sent an embarrassed defence in - they also stuck a £3550 collection charge on top!!!!

 

Hit them with requests and they will run away with their tail in between their legs.

 

They've just replied to my CPR

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Thanks for taking the time to look in Andy :) well it must still be in the snail mail as I have still never received it lol ;)

 

Irrespective of whether you recieved it or not its invalid.Game over.

 

Regards

 

Andy

We could do with some help from you.

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They've just replied to my CPR

 

But did it contain all the information that you requested? Normally they respond with "we don't have to supply this info" They sent me a DN, CCA and payment history that proved they hadn't deducted any payments off the balance (i'd made 3 payments) since the DN was issued, but had issued loads of charges instead!!

 

After arguing with them they admitted that the amount on the claim form was wrong and they hadn't claculated the balance correctly!!

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  • 2 months later...

Hi

Here are how things stand with my case at the moment since I submitted my embarrassed defence. Received a letter from the court saying they had received my defence and that Restons had 28 days to respond or the case would be stayed that was on the 25th of June. Well Restons did respond and I received an allocation Questionnaire from my local court. I completed and returned it...Looks like Restons want a fight so a date for hearing has been set for the 9th of October. They are saying I have no chance of defending the claim and are trying for a summary judgement :-x

 

Will post up all the paperwork I have got since then for my learned friends to look at :D

 

Thanks Nana

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Hi

Here are how things stand with my case at the moment since I submitted my embarrassed defence. Received a letter from the court saying they had received my defence and that Restons had 28 days to respond or the case would be stayed that was on the 25th of June. Well Restons did respond and I received an allocation Questionnaire from my local court. I completed and returned it...Looks like Restons want a fight so a date for hearing has been set for the 9th of October. They are saying I have no chance of defending the claim and are trying for a summary judgement :-x

 

Will post up all the paperwork I have got since then for my learned friends to look at :D

 

Thanks Nana

 

seems a common ruse nana (ive got a hearing next thurs with the OC using the same tactic). they give little evidence so u put in a holding defence, then they go for SJ as no defence has been put fwd.

if u have it, id suggest posting up the bundle/WS so others can help and then u need to trash it in every form if u can, in ur own witness statement. when is the SJ hearing?

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Summary Judgment - favourite tactic of Restons solicitors.

 

A Summary Judgment is applied for when the claimant believes there is no defence available against the claim.

 

They use this tactic to scare people into submission as when they submit their AQ they apply for the SJ hearing as well.

 

It is a cheap way for them to judge if your defence has any merits. It also gets them a heads up on the attitude of the Judge who presides over the hearing.

 

If you are well prepared........it backfires on them badly as they are then bopped on their nose for wasted costs.

 

Have a look at the links below to gain an insight on Restons behaviour -

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170484-fairbyblue-mbna-restons-court.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/124572-hfc-no-agreement-amended.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/160395-restons-court-action.html

 

 

Please do take the time to read these threads as they offer lots of advice and tips on dealing with these solicitors. :)

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