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    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
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Court date through for set aside, advice please.***WON***


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I have a Court date of the 28th July for a set aside of a CCJ from RBS & Bryan Carter.

 

The only thing I have sent so far is a N244 as below, what else do I need to do or send? I have scoured the forum but can't find anything specific to my situation as others have disputed the 2nd CCJ before it was granted.

 

Any & all advice welcome please.

 

N244sentpage1edited.jpg

 

 

N244sentpage2edited.jpg

 

 

 

Copy of Bryan Carter's letter marked B1 in N244

 

3CCJSatisfiededited.jpg

 

 

Many Thanks

Morph

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I think that you'll find that BC agree to setting the Judgment aside.

 

Can I ask what happened with the original claim - did you get the summons - did you do anything with it...

 

I don't think that you will have a problem with your application - if you let us know when you get a hearing date we'll run through the process - I ought to add that it is unlikely that they will even attend court - they don't usually...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Hi IGNM, I did receive the 1st lot of court papers but it was at a time when I wasn't opening my mail regularly, so I opened the Claim form & the default judgment at the same time. I wasn't to bothered at the time as it was only for about 10% of what I owed (in hindsight eh!).

 

I paid off the CCJ in installments so it's still on file & credit report but got the above letter advising satisfied, I then got a letter from B.C advising I still owed them £XXXX & I offered to continue with the same payments I'd been making but the only response I got was a second claim form, I again offered to continue payments & that resulted in me "accepting" the 2nd CCJ apparently.

 

11am on Tues 28th is when I'm due at court, I'm hoping the fact that B.C. have stopped calling me as the 1st sign that they might be filing this one in the cock up pile?

 

Many thanks

Morph

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If the set aside is granted, what do people think my chances are of claiming back monies paid to Bryan Carter under threat of ramifications from an unlawfully obtained CCJ.:?

 

I don't want to push my luck but lets face it if it isn't lawful to obtain a second CCJ then should it be lawful for BC to gain monies from it?:-|

 

All opinions welcome

 

Morph

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as i understand it, once u have set aside, the claim returns to the beginning, therefore if u have paid any monies under an order on that judgment, u shud get it back.

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  • 2 weeks later...
Any advice please?

 

what is it u need morph?

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what is it u need morph?

 

Perhaps it's in respect of claiming damages etc.?

 

Andy popped this on my thread so it may be relevant.

 

The Claimant, possessing no legal right to claim monies allegedly owed, has acted unlawfully in obtaining a CCJ and registering said Notice with Credit Reference Agencies. Such conduct is a breach of the Data Protection Act 1998 and amounts to defamation. under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999.

 

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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what is it u need morph?

 

I just need to know if I need anything other than copies of my above paperwork, like sworn statements or ,well anything really. It just seems that I'm going into this a bit "light" on paperwork or am I over thinking this?

 

Morph

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have a look at spams thread here, in particular andyorch post #212 which may help explain the process and whats reqd:

 

CCJ and interest on debt. - Page 11 - The Consumer Forums

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I just need to know if I need anything other than copies of my above paperwork, like sworn statements or ,well anything really. It just seems that I'm going into this a bit "light" on paperwork or am I over thinking this?

 

Morph

Hi Morph,

 

Just by going on the advice I've received on my thread so far, you basically just need a draft defence to prove you have a chance of success... nothing too complicated, just enough to show the basics are there to build on if it went to trial, and a reason why you didn't defend in the first place...

 

At least that's the way I'm seeing it.

 

 

 

Spam.:)

 

Doh... too late!

Edited by Spamalot
R&B snuck up behind me!

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They say money talks......mine just keeps saying "Goodbye"

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Thanks guys, I'll have to re-read all my subbed threads & the suggested ones an hour at a time, any longer & I get confuddled & word blind.

 

I s'pose it SHOULD be straightforeward, BC broke the rules with the 2nd CCJ so it is only right to set it aside. My challenge will be to get some of the monies paid back & some costs.

 

thanks to all again.

 

Morph

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hi morph

just to add another few hours to your reading....this has elements of costs and reclaiming in it which might be of use and its a 'won' thread:)

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/171391-davey77-capital-one-3.html#post2291461

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Just a thought. You say that the original CCJ was for only 10% of the debt. The balance referred to in BC's letter could be the remaining 90% and it could be this 90% that the second CCJ is for

 

Or have I missed something?

 

Yes that's correct BUT the rule is that you cannot split the claim, however BC does this to make sure he gets his fees & stuff everyone else concerned.

 

Morph

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  • 2 weeks later...

Well I won my Set Aside:D, Bryan Carter or RBS didn't attend but they sent notice that they wouldn't object to the set aside & would discontinue the claim if I didn't press for costs.

 

District Judge not interested in the fact I wanted to reclaim money I'd paid out for the 2nd CCJ & asked the dreaded "Do you owe the debt" & I said I didn't dispute owing them something just not the figure they have produced, he seemed to accept that without issue.

 

He advised perhaps I should have requested the refund in with the set aside application & to do my homework if I wanted to claim any money back but to be wary of how much it could cost me if I failed.:sad:

 

I'll take the win in the knowledge I may not have got my money back but the only person RBS can demand the outstanding balance from is Bryan Carter & not me;)

 

 

Morph

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Hey Morph...

 

Sorry :oops:.. belated 'thank yous' for trying to find out about the 'admission' issue, I meant to post on Robcags thread but forgot. It's all still a bit of dilemma.:confused:

 

Thanks again for trying.

 

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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