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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
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Aktiv Kapital/first Nat-ge Capital Bank?


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i bought a suite with protection spray and warranty added to cost meant i had to pay £1972 however due to bank charges from lloyds i struggled to make payments to First National who financed my purchase from REID furniture. I owed £466and later i found out AKTIV KAPITAL bought the debt but i thought it was another department of First National... anyhow i stopped paying and was taken to Court for £131.02 but paid that 5 weeks before going up in front of the judge lasat week. The judge was going to award them expenses as paying the £131.02 was seen as an admission to owing the money but i persuaded the judge that it was not an admission on my part and that i was seeking information as to the legality of late payments made to First National of more than £220 and whether it would be AKTIV KAPITAL who should repay now that they have taken over the debt? Now i am wondering if AKTIV KAPITAL should send me a copy of the agreement and whether i should be asking for not only late payment fees but also £210 for the so called protective spraying of the suite and extended warranty service that i never received? ALSO FIRST NAT is a GE company linked to CAPITAL BANK..any info on the bank? Any help appreciated So many question am in a mess and even understanding the credit act has me in a spin... AKTIV KAPITAL ARE SUING FOR £150 EXPENSES FOR BRINING ME TO COURT FOR THE £131.02... i need help as to what action i can take against AKTIV C be it late fees or whether they had the right to take the debt in the first place as my contract was with first national... someone pls help.. i got court september a PROOF to fight EXPENSES CLAIM BUT IF I CAN CLAIM BACK ANYTHING THAT I PAID THEM including warraty £210 am lost

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You reclaim unlawful charges from the original lender

 

It is AK's responsibility to supply you with a copy of your agreement

 

You should take up the protection/insurance issues with the original lender

 

 

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thanks steven any idea about the £466 paid to aktiv capital ... or how to avoid paying them expenses? The thing is the debt that aktiv c bought should be over £200 less if the charges for HP finance are illegal therefore no right to take me to court... do you know or think they can be beaten

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Whether AK can be beaten depends on their entitlement to the debt. Send them a request under s77 of the CCA 1974 for a copy of the agreement. You also need to find out if there was a notice of assignment- they are required by law to send you one if the debt is sold.

 

On the charges, you have two choices:

 

1. argue with AK that the total of the debt was wrong because of the charges

 

2. pay AK but reclaim the charges from the original lender

 

 

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one different issue Steven ... there was an advert in the paper about getting loans/ credit card and other debts wiped off... i called and the chap at the other end said any type of loan taking before april 2007 can be wiped out and that it had something to do with the credit consumer act 1974 though am not sure what it is.... they are asking £295 but will refund if not successful they wont fight for any debt less than a grand... waiting on papers arriving monday to check it out

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Our advice - don't touch it with a barge pole.

 

If the agreement is unenforceable, in principle you can get rid of it. All the information for doing it is on this site and it doesn't cost £295.

 

In fact, the number of agreements that are unenforceable are only a minority of all agreements, so the chances are you wold lose the £295. Also, there is the moral issue of not repaying money you owe.

 

 

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thanks steve but i have to say what the banks put me through and the effects it had on my other debts i'd feel like it was compensation... i will follow your advice ofcourse regarding the £295 though they (the claims warehouse) said i'd get full refund if the debt could not be written off!

i called the bank steve and asked for a copy of the agreements loan / cred card they are charging a £10 fee.... can i use the same procedure as with Aktiv Kapital by sending a pound postal order?

 

back to my main one AKTIV K i sent the request yesterday and also received a letter from them by post yesterday saying they were still going for max expense claiming ive admitted owing them by paying principal some however as you know i persuaded the judge that it was not an admission and its going to proof 23 sept! when i receive the document i shall let you know... then please let me know what to do and what i am looking for.... incidentally their lawyer said they were responsible for payment fees as they had bought the contract... Can these people legally buy these contracts even if the contract was between me and first national i mean can your debt be sold to another without me having a say as i was still paying when this happened and i did not know the debt was sold to Aktiv till two weeks ago i had thought they were another department of FIRST NAT thanks for all your help sincerely appreciated

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though they (the claims warehouse) said i'd get full refund if the debt could not be written off!
If you can get that in writing it might be worth a go
i called the bank steve and asked for a copy of the agreements loan / cred card they are charging a £10 fee.... can i use the same procedure as with Aktiv Kapital by sending a pound postal order?
THe £1 fee goes with a request under s77/78 of the Consumer Credit Act 1974, which doesn't apply to bank current accounts (well, not that bit anyway). The £10 is for a request under the Data Protection Act 1998
Can these people legally buy these contracts even if the contract was between me and first national i mean can your debt be sold to another without me having a say
Yes, unfortuantely except they have to tell you by sending a Notice under the Law of Property Act 1925

 

 

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  • 5 weeks later...

Steven DEBT MANAGERS/AKTIV KAPITAL are dismissing their claim for expenses after i asked for credit agreement which they copied one page and sent to me after the 12 days... at court i told the judge i paid the principal sum £131.02 not as an admission of the debt but to buy myself time to check the legality of late payment charges (£250 since learned)... normally if you pay the law sees this as an admission and then awards court costs so people should be careful as i explained to the judge i only found that out after i had seen the citizen advice however, the judge accepted my explanation as to why i paid the principal sum and put the case to Proof... the case will now be dismissed by the dodgy debt company! Thanks Steven now i need to know

 

if i can claim the principal sum £131.02 and any other money i paid this lot as it appears was unenforcable but i was not told the debt was bought over but that it was passed on by the original lender me thinking this meant another department.

 

Also where do i stand with late charges? Can i reclaim as the case with banks, ppi and credit cards..

 

Where do we stand when a shop uses its finance partners to sell goods regarding charges? i gather it would be the original lenders i claim from if i can?

 

what about super cover whom i tried to contact before the end of the cover in march but phone just wrang and wrang and wrang... just found out the insurers been taken over yet shop customer service still gives the old number out?

 

i'm in the process of trying to get ppi and credit charges back .. may need more help... thanks and very appreciated

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You could try a claim throug the court on the basis that Aktiv collected money they had no right to - in other words to remedy your msitake in paying it.

 

Late charges are always reclaimed from the company that imposed them - usually the original lender

 

I don't understand the question : "Where do we stand when a shop uses its finance partners to sell goods regarding charges? i gather it would be the original lenders i claim from if i can?"

 

As regards super cover - if you are going for mis-selling, go after the company that sold it (whoever acted as agent). For anything esle, go after whoever took super cover over.

 

 

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Thanks Steven as regards to the question you dont understand....

i bought the suite through the shops HP for better word they organised the finance thru First National who have charged me over £250 late payments this is not a bank or ppi or credit card does this mean i cannot claim?

 

can i just add that the copy of the aggreement sent through by debt managers/aktiv kapital is unreadable!

 

Also i have just contacted 1st credit who are collecting for lloyds tsb personal loan from me, i sent for a copy of the aggreement which they have requested from lloyds tsb... is it possible 1st credit have bought the debt and i can challenge them? The guy on the phone thanked me for paying but said they get my payments and send them on to lloyds tsb even though its a lloyds tsb account i pay the money into.

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The late payments charges are unlawful - reclaim them exatly as for bank or credit card charges from First NAtional.

 

If the agreeent is unreadable, it is unenfprceable - it's in reg 2 of the Consumer Credit (Cancellation Notices andCopies of Documents) Regulations 1983 - you will find them in the statutes library on this site.

 

First credit are obviously collecting on behalf of Lloyds who must still own the debt - ie Ist credit haven't actually bought it

 

 

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steven i have been told by law clinic it would be hard to claim the money back as i became a non debtor as soon as i paid but they said they will go for expenses against aktiv kapital as they bought the contract are now liable for all liabilities

can you check this as the judge accepted my explanation for paying the principal sum so i wonder if an unenforcable loan can be taken to court for any monies paid like the £466 all in i paid... remember i did not know the debt was sold on...! The student said her teacher thinks it best to allow the case to be dismissed and go for charges.... what you think Steven? The copy of the aggreement was of my signature copied on a4 paper ...if it was ok i wonder if they dropped the case because they went over the 12 days?

 

 

... law clinic is students who do this as non profit outfit

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sent to first nat for default charges £280 owed various charges £10-£12-£15 been told by santander cards that "the OFT RULING did not include loan products these fees are valid and will not be moved"

 

Style finance default charges came to £180 they

 

said "the oft restricted its investigation to credit cards and has not consulted style finance services in relation to other products including store cards. Having said that the financial ombudsman has agreed to investigate charges to store cards dating back to April 2007"

 

They checked my account in line with oft guidelines identifying only two charges of £15 and offered me £6.48 of the difference of £12 and £15 at 8 percent interest acceptance of the offer will be final if not agreed you have the right to go to the ombudsman but i hope that is not necessary 8 weeks to answer ...

 

what now Steven? Help

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your lba kit is for england and wales only where as i am in scotland! Can this still work Steven or would it still be possible as both style finance and santander are both in england could the answer be to use an english court? thanks for your help

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In the past quite a few Scottish claimants ran them in English Courts-this was in part to get around the old 3k ceiling for small claims.

You need to find someone with an address or maybe you have relatives here.

The downside of Course is that you may have to come down here for any appearances.

Up to you to decide really.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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You would need to be able to give a reasonable assessment/breakdown of expenses-actually its costs...which you would be entitled to seek if you won yes.£9.25 per hour plus things like ink stationary postage stamps etc.

You can claim for travelling-whether you would get the costs for this is at the discretion of the court.

There are ways around it.

Did you say that you had a holiday booked in Scotland ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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no Martin i live in glasgow... that many things to fight for with late fees STYLE FINANCE/FIRST NAT (SANTANDER)/ LLYODS TSB CREDIT CARDS PPI AND LATE FEES/ LLOYDS TSB LOAN AND PPI heads spinning but have to pursue

just had a letter regarding a copy of my aggreement loan and ppi from 1st credit both myself and steven came to the conclusion that 1st credit were working on behalf of 1st credit but am not so sure after todays letter says

 

"thank you for your letter of the 10th july 2009

Pursuant to your request i can confirm we have contacted lloyds tsb for a copy of your agreement. On receipt of said document a copy shall be forwarded to you.

i note you have recently had a conversation with our offices with regards to the PPI. I WOULD ADVISE THAT 1ST CREDIT PURCHASES THE DEBT ONLY AND NONE OF THE ACCOMPANYING POLICIES. SHOULD YOU REQUIRE THIS INFORMATION WE WOULD refer you to the relevant insurance company."

 

i think they have bought the debt i shall call to confirm tomorrow then ask for help with great appreciation and will donate when this is over as this is a magic site for the people

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Ahem cough-yes I know you live in Glasgow-I dont think you understood my point.

 

If they have bought the debt-then its been assigned.

For the assignment to have been carried out properly,they should have had the documentation to support it.

I would question why they see the need to contact the original creditor for documents that they should already have.

I would also be making a formal request to see a copy of the notice of assignment,an deed of assignment,and check the dates on them against anything on your credit files.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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off the phone 1st credit say they have not bought the debt but acting on behalf of lloyds tsb.... so though i have been paying £80 a month into a lloyds tsb account... 1st credit have been lifting the £80 to pay lloyds tsb bloody crazy even though this account was set up in my branch? This is to do with my loan

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  • 2 weeks later...

i still have not received copy of my bank loan agreement that 1st credit said they had contacted tsb... i paid £10 i am beginning to think 1st cred have bought debt why else would they be a middleman when my payments were organised by my branch and going into a tsb account i just dont understand why they need 1st credit

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