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    • ou have received a claim form.   firstly - read all the posts in this thread FIRST...   then copy this first msg to your thread - and put your answer after each question   In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us]   Name of the Claimant ? Give answer here   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Pwas issued small court claims form as the owner keeper by gladstones solicitor. Particulars of the claim: parked in breach of terms on signage ( @ location x) incurring PCN 9parking charge notice) PCN not paid in 28days. Claimant claims unpaid pcn from defendent as driver/keeper. despite demands being made defendant failed to settle outstanding liability. I was not driver. Driver is known to owner. received letters initial from UK Car park management Limited. (IPC memeber) Refused passing on driver info until they had provided all details of their right to mangage parking re contract with landlord, all images and evidence etc. This was by letter not via their appeals service. Letter was not responded to. (or refused can't remember exactly will check) details of the event. Night, signs not directly lit, small size writing poor placement. Parked on loading bay. Sign for loading bay was arguably not clearly marked, small sign high up behind the space, not visible as driving into it. floor markings under car not visible once parked, and poorly light. Private warden came, driver was by vehicle whole time, warden alerted driver to the fact they couldn't park there, driver removed the vehicle immediately on being informed of the restrictions.   What is the total value of the claim? Claimant claims £100 for PCN, £60 contractual  re Ts & Cs + £21 statutory interest.   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Received many letters most probably got one advising of a claim if not paid etc (will check)   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? address not changed since claim   Did you inform the claimant of your change of address? no address change not needed Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? No agreement (after 2007 but no agreement)   Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claimant issued   Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? N/A   Why did you cease payments?N/A What was the date of your last payment? N/A Was there a dispute with the original creditor that remains unresolved? N/A Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? N/A     More Details:   Defence was filed with small claims court. : Defence points were, no agreement, signs not visible/readable, no opportunity for arbitration before making a claim. Their independent Appeals service (required as part of their right to access DVLA info) is not independent as it's funded by the parking company and their paid lobbying group IPC.   Claimant has sent N180 directions questionnaire.   Defendent (me) has not filled N180 yet . Not sure what to answer.
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    • I've been very agreeable all the way to this point, and I have started to think they have taken advantage of that fact.   Without going into massive amounts of detail, my reasons for not wanting to give them further opportunities to rectify the work are:   1. Delayed multiple times from outset with poor commuication and threats that I could not pull out (despite them breaching their own contract for start date) 2. Repair attempt 11th June (not all issues addressed) 3. Workers attended 5th June (Issues with work not addressed) 4. 28th June Matthew (director) attended and agreed work unacceptable- 5. 15th and 16th July- workers attended to rectify issues and actually made front drive worse by making unnaceptable paving cuts (raised in engineers report). Rear patio issues addressed (not all, and most serious issues remain)   Communication wise, my son has had an amicable discussion with the workers and director when attending my property. I have full CCTV front and rear and have all evidence including audio and video recordings of all interactions. I have not refused to communicate with them. I have refused to communicate with them via telephone as I said that I wanted to avoid misunderstandings etc. and I was also intimidated by receiving a threatening and aggressive voicemail, which again I have a copy of.   I understand the point about being reasonable and fair. I think I have evidenced that I have thus far. They have had ample opportunities and stonewalled me and sent debt collectors after me. Now I've provided evidence of their poor work, I feel they are realising they are looking at a large loss, plus legal costs they probably are unwilling to pay.   I would not be happy to pay for their independent assessment (they have not paid for mine). The majority of the issues that were raised in the engineer's report, I had already highlighted to them (such as the cuts of the bricks not being in line with manufacturer's guidelines- if you recall I had already contacted the manufacturer Tobermore for additional information)   If you feel I'm completely missing the mark here, then I'm happy to be guided by you, however the Consumer Rights Act only provides them with limited opportunities to put work right. Surely I cannot be expected to just sit here for months and just keep letting them try and try again, and only now that they face the prospect of potentially losing at court. I've been reasonable, polite and accommodating from the outset, and I have written, video and audio evidence of all of this.          
    • ok good defence due by 4th oct by 4pm.   so no you wont have gotten an n180 yet...
    • The claim form was dated 2nd Sept. Not filed defence yet.  Not had an  N180
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Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Just a quick message.My claim is for £4960 plus £1005 int @ 8%.I have taken in forms to court and got a claim number.Is it too late to add on this months charges?Ironic really , I haven't had any since May and then this month things go bad again.Got statement this morning saying charges of £209 plus £5.80 interest will be debited in the next 28 days.

I know I have to wait till these are actually debited to add them on but is it worth an email to let them know I want these back aswell?Who to?Charles Bacon seems to be the answer to all these questions is it Him and whats his email address.Thanks anyone...

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They won't add them on but what might happen is that when the claim is settled you find out that they have been cancelled - that's what happened to me without having to ask.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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  • 2 weeks later...

Well, I really thought I would be the one test case where they decided I had really deserved all those charges and wouldn't get a penny back....I WAS WRONG!!!!!

Last Night at 9pm I received back 4 amounts described as corrections of £950 each and a 5th amount of £956.36 totalling an amazing £4756.36!YIPPEE!!

My claim was for £4960 plus £1009.15 interest plus £250 court costs so my calculations show a shortfall of £1462.79 which I will obviously be wanting back too.They are not getting away with any of my money now.I also have this months charges of £209 to claim back so will be sending an email to Charles Bacon this morning outlining this.Many thanks to all for help esp. Dolly and Davisc02.Cheers...Will be donating once all settled without hesitation, would have been almost impossible without the templates and advice,Thanks again.

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Well done Lorraine. I don't think you'll get the shortfall without a fight. They've paid me out half so far so i'm not waiting for the 28 days to expire from the acknowledgement.

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Wait to see if they pay the rest in, or your letter telling you how much you are getting.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Thanks everyone.Have sent email to Mr Bacon as follows

 

Dear Charles

Re: Claim No 6AS01502

Total amount on court claim form: Total charges over past six years:£4960.00

8% Interest under sec.69 of cc act 1984: £1009.15

Court Costs: 250.00

Totalclaim:£6219.15

 

Paid into my account yesterday 4 payments @ £950

1 payment @ £956.36

This totals £4756.36

 

According to my calculations this leaves a shortfall of £1462.79

 

I have phoned the courts to see what my next steps should be to recover this shortfall and they have told me to send this email to you and let them know your response....

 

I would also bring to your attention that this month a charge of £209 plus £5.08 interest will be charged to my account.

May I ask for a refund of these charges in full.

If these unlawful charges are not also refunded I will have no option but to take these to the court aswell which will again incur interest and court fees.

 

Awaiting your response

Yours sincerely

Lorraine Miller

 

Does this seem ok or do I sound a bit agressive...I'm really a very nice person...normally!!!

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Well every day gets better.Two more payments just in;one for £1000 and the other for £256. I am now only £207 adrift.I have also had charges of £214 this month which I have emailed Charles Bacon about so I will now sit back for a week or two then decide what to do.I'm off to buy a new dishwasher, as I have actually been washing up for the last two weeks!!!Quelle Horreur!!!

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Had my final letter today(with the exception of my account closure notice)from the office of Charles Bacon.In response to my email they have outlined what they have refunded.My claim was for £4960 they calculated charges at £4756 which they have refunded.Interest of £1009 and court costs of £250, all refunded.And this months charges of £214 all cancelled.So in the light of all this I am prepared to accept their slightly revised figure as I was unsure of a couple of them.So this is one big success story and from start to finish took me six weeks(although I already had all my statements).Many thanks to all....

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