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    • Hi, this is the amended and hopefully final defence. Would someone just give it a once over for me before it's ready for filing on MCOL. I'm doubting myself but as I recall I don't need to post to the Sols or Claimant, just submit online?   1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC   2. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   3. Paragraph 1 is noted. I have in the past had financial dealings with New Day in which I can’t recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 78 request via signed for delivery which the claimant has failed to comply with.   4. Paragraph 3 is denied. I have not been served with a Termination Notice or Default Notice pursuant to sec 87 (1) the Consumer Credit Act 1974.   5. Paragraph 4 is denied. The defendant contends that no notice of assignment pursuant to s136 Law of Property Act and s82 a of the Consumer Credit Act 1974 has ever been served by the Claimant as alleged.   It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) Show how the Defendant has entered into an agreement and; b) Show how the Defendant has reached the amount claimed for and; c) Show the nature of the breach and evidence by way of a Default Notice pursuant to s87.1 CCA 1974. d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.   As per Civil Procedure Rule 16.5 it is expected that the Claimant prove the allegation that the money is owed.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Okay, it's turning out better than I expected. We can go over a resume of the situation when you get it back and see what you think might be outstanding and if you want to do anything about any of it.
    • Back home now - Not a wasted trip entirely but did not come back with the car. They took it in straight away at 8 to sort out the navigation which apparently is resolved.  Next was a health check again: 1. Battery = defective 2. Fuel Flap solenoid - Apparently this was on the MPC but I even missed this.  So another one to add to the list of not rectified but vehicle handed to us.  Worst case with this is the flap does not open. 3. Sun Visor - Requires replacing 4. Navigation - Resolved 5. Tyres - The low tread has been deemed as perished - again, I do not understand how this went through MOT the day before collection!  And they also found a nail in the tread - by the looks of it and the lack of miles we've covered, it's been in there a while.  Agreed front right is budget make.   Took a bit of to/fro but all points have been authorised by Sales for Servicing to carry out - essentially as Sales missed this (or were told it was good to sell), they foot the bill.  Internal politics and all fake/virtual money.   The bad news is despite a note to order the battery last week "just incase", it was not done so battery, solenoid, visor and tyres all will be ordered in for tomorrow and resolved tomorrow hence coming back without it today. Upside, after a bit of pushing, I did get an Automatic Q3 70 plate which was the salesmans own demonstrator.   Salesman also apologised for the way he had been/tone used last week so we've put all that in the past (if everything is sorted!)   Finally, raised the fact their MPC states various services need doing.  The service advisor agreed, checked and to my surprise, the day we picked it up, they were completed. I got a printout stating this which included the oil service (even though it was done in September), gearbox service, Haldex (for the quattro system) and brake fluid.   Only thing I need to ask tomorrow is the parts list does not state Gear Box filter which is part of the service on the s-tronics and gear oil seems to be 1x G060175A2.  IF I am reading this correctly, this is only a top up of 850ml and not a complete service which should be around 5-7 litres + filter.
    • as long as returning the car doesn't cost you ...yes. however you are not compelled to do so out of your own pocket. you simply write, if you need too, stating the car is ready for collection at anytime but please advise me first.   but of course, be a wee bit smart here, until/unless the judgement is actually satisfied, it goes nowhere! dx  
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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HI this is my first time on here and wondered if anyone can help me.

 

I received a parking charge notice from G24 Ltd this morning saying I had overstayed the permitted allowance, along with a photo of the car entering and leaving, they want £95 or £75 if paid in 14 days from the date of event.

 

I have read a few threads but still not to sure what to do. If I ignore this letter will I have the baliffs knocking at my door. Has the baliffs called on anyone regarding the above

 

please advise I am worried sick about it :mad:

Edited by 0623
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Hi advice from members is ignore, ignore and ignore again.

You will get two letters from PPC two letter from DCA(next desk) and then two letters from solicitor(next but one desk) each letter getting more desperate/threatening

 

As for bailiffs they could only come to your house if

 

1, the PPC actually had the cheek to take you to court

2, you did not defend and they won by default.

(I have only seen two cases where they did take someone to court) though I have seen many many threats to take someone to court.

3, you then did not pay.

4, they would then have to apply for enforcement.

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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  • 3 weeks later...
  • 3 weeks later...

Received another letter today this time from CCSCOLLECT acting for G24. Its a formal notice of intended court action if payment is not received within 7 days of date of letter ( 29/07/09 ). Should I ignore this one as well? :mad:

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thanks this has really got me stressed out. are these people like the ones I seen on that dispatches programme the other night.

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They all crawled up from under the same stone.

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They all crawled up from under the same stone.

Same stone. I thought they dwelt in the neo-cosmis ooze under the bottom of the pond. Thats where politicians and used car salesman come from. :D

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  • 3 weeks later...

well today I came home to a notice of intended legal action letter with a lovely yellow stripe on it.

I now have till aug 25th by 10am to pay the £95 owed.

 

Court action may be taken against me without further warning

court fees and legal costs may increase the sum I owe if judgement is obtained and the following steps may be taken .

 

1. Deductions from my salary

2. Seizure and sale of property

3. My means examined by the court

 

Seems to me there is an awful lot of mays

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What happened next....? I am researching this sort of thing for my parking notice/ticket.... Did the bayliffs ever come? or did you have to go to court...???

Confusion girl,

Read Dpick's post at No 2 and calm down.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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Hi 0623 - I've had the same thing with CEL in December 2007 - all the threats and stuff....

 

Simply ignore - do NOT correspond at all, otherwise you simply extend the period of harassment.

 

Eventually things will go quiet - I've heard no more for well over a year now - still waiting for the court summons they promised me - lol :)

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I received a "parking ticket" and photo's from G24 about four months ago. I ignored it and subsequent letters, then I received the anticipated letter(s) from CCSCOLLECT, which I also ignored. Their last letter to me was telling me they were coming to visit me at home. that was three weeks ago. This morning I have received a letter from DWF, who seem to be a legitimate firm of solicitors in Leeds. They are now trying to collect on behalf of CCSCollect. The only possible dodgy thing I can see about their letter is it is signed DWF LLP, and not in someone's actual name. Does any one know anything about DWF LLP? any info or advice most welcome.

Mregg

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Their last letter to me was telling me they were coming to visit me at home. that was three weeks ago.

:lol::lol::lol:

Carry on ignoring.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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well today I came home to a notice of intended legal action letter with a lovely yellow stripe on it.

I now have till aug 25th by 10am to pay the £95 owed.

 

Court action may be taken against me without further warning

court fees and legal costs may increase the sum I owe if judgement is obtained and the following steps may be taken .

 

1. Deductions from my salary

2. Seizure and sale of property

3. My means examined by the court

 

Seems to me there is an awful lot of mays

 

If my experience of CCSCollect with four Parking Eye scams is anything to go by the yellow stripe letter [final final warning] could be the last one before they give up, though they did once send me a final final final warning [in red I think] threatening a home visit, which they didn't do of course. [wish they would visit me, my dogs would love to meet them!]

Think about it, if they believed they had a case they would have issued court proceedings by now instead of sending these pathetic bits of paper.

Keep ignoring, keep smiling.

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Is it not illegal to threaten comeone with baliffs and home visits regarding a civil matter?

 

I cannot threaten anyone with baliffs that owes me money privately, i must take them to court.

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