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    • I Submitted my defence last weekend,. In short, denying all allegations and requesting that the claim be struck out as claimant has no documents to support their claim and  have failed to provide any evidence whatsoever that any monies are owed to them by me and I considered it an abuse of process.   I have now received their directions questionnaire where they are championing 'Mediation over the telephone'   Should I agree to mediation once I receive the questionnaire from the court bearing in mind the dispute is about the existence of the alleged account and the lack of documents to prove it exists/ existed?   All I can say in mediation is that I've never heard of the account...... Do Lowell have to provide documents to the mediator?    Thanks in advance for any advice offered and sorry if the answers can be found elsewhere, but I'm not sure where to look 🤓   Spam 
    • Thank you all for the comments.. I hope to get a transcription of the recording, but I don't know if that's possible. I have asked the Court so will see what comes back. This is an overview and may not be exact wording..    I'll add the highlights from what I understood.. [both Judge & Mr D were well into the legal jargon].. some of the more technical discussion was lost on me..   Opening Statements.. VCS......Events from Incident to Court summons.. pretty much the WS opening Me........Night time, bad weather, bad visibility, children in danger walking on the road so "Signs" were not very clear VCS......Pictures on their WS were in daylight. Picture of the car we very blurry due to the rain. VCS agreed it was bad.. Me........Kangaroo Court - Every drop down on the appeal site is an admission of some sort of guilt. Needs to be an "Other" in case your situation doesn.t match Judge...Asked for clarification on POFA from VCS  VCS......Explained POFA in his terms and what he understood Judge...Was it a Parking event? VCS......No, it was a Stopping event Judge...Asked VCS who owns the land.. he didn't know so I told him Southend Council owns the freehold of the airport, but it has been leased since 1994 to London Southend Airport Company Limited Judge...Surprised VCS didn't know that Judge...Asked VCS if the Contract is relevant? VCS......Yes,  Judge...Still not clear VCS......Quoted VCS v Ward & Idle..  Me........That's not in your WS so is it admissible? Judge...That's not relevant in this case.. he had a quick look. Judge...Is the land relevant VCS......No real valid response, referred to VCS contract with the airport. Me........Why is Mr Wasi the paralegal not here as he may know? Judge...Section 46 refers to Parking/Waiting. Me........It all refers to Parking.. and I was not parked or waiting.. ## I expect Simple will see this as a loophole so may change it ##   Closing Statements: Me........VCS are aggressive in all their actions, as you can see by the Letters in their WS.. I also went through all the Arguments at a high level, such as Bye-Laws, Road Traffic Act [Public access etc.., the POFA discussed Parking, not Stopping, PO Box on the Signs, no address. VCS......Pretty much same as the Opening statement as far as I remember..    Judge...   Car was stopped for 30 seconds Multiple Signs The Driver "did" enter into a Contract as they entered the airport But.... Does POFA apply Needs distinction Stopped not Parked Only applies to Parking Judge referred VCS to Jopson v Homeguard 👍  Defendant wins the case & is not obliged to pay VCS any Fines   Judge to VCS... do you want to Appeal VCS.. Yes Sir................... but after 20 seconds he changed his mind to No Sir, no appeal at this time..  Judge to VCS... you have 3 weeks to appeal if you change your mind.   So.. VCS may appeal, but I had a feeling that he may have been tapped on the shoulder and advised to say No.. at the time..     ### As far as I can remember, this is how it went down ###.
    • Let us know when the hearing date has been set and then we will try to help you sort out your arguments and your documents. You will need to submit a court bundle. Please follow the court bundle link
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Aplins/Hillesden Securities Ltd (dlc) claimform - old HBOS Credit Card debt -got CCJ but WON CO Hearing


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I have received from them a photocopy of a priority reservation form that I completed when I applied for the cc. Is this the same as a credit agreement? Also, there are pages of terms and conditions which I don't think are the original ones as the charges are £12 and I think they were still charging £25 when I took it out.

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they are clutching at straws big time

 

my answer will be no, no ,no

 

can you post up that so called reservation form

 

google photobucket to post

 

use the upload link for message boards to post with out thumbnails to post

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Can you scan it or take a picture with a camera so someone can have a look at it for you? Make sure you edit your personal details off the documents (the paint program does this well) then post it up using Photobucket or Tinypic.

:cool::cool: Blondmusic :cool::cool:
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Wait For More Replies By The Caggers Who Know Credit Card Applications

 

It Looks Crap To Me And Unenforceable

 

Wait For Confirmation Though

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Prescribed terms? Their signature? Where are they?

 

I agree. Looks pretty much useless as a binding document to me. However, wait for a few more opinions.

 

Once again, Mr Faccenda - the poultry industry's counterpart to Mr Majestyk - fails at Stage One.

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It's merely an application form, they have to do better than that!

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Do I let them know that its not good enough or just see what happens next? Does it not matter that in the box 'bank use only' it has got the actual account number of mine?

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I've had the same trouble with these clowns. They purchased an account from MNBA, which in turn had been assigned from BoS.

 

I CCA'd them as soon as they started chasing. After about 3 months of looking, they eventually found an old BoS affinity card application - similar to yours. Its completely unenforceable, so I send them a letter explaining this and basically telling them to f off. I signed it off by suggesting they had been sold a pup and that they take it up with MBNA! I can post this up if you like.

 

They have since wrote back saying that they think its enforceable, so I guess its wait and see what their next move is. If they do sue me, then they cant say they wernt warned - should help to make a case for wasted costs when the "chicken" out and withdraw or it gets struck out.

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32 months after I CCA'd these numpties I STILL get a letter every 3 weeks stating they are requesting the paperwork.... from themselves!

 

I've started sending them a response ever 3 weeks telling them how many days they have been in breach! LOL

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First point is, NO prescribed terms, second, no mention of terms and conditions at all from what I can make out. Third, PPI, claim it back :)

Application form, thank them for sending you an application form and ask them for your credit agreement and original T&C's that you allegedly signed up to.

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Here is what I sent to after recieving a very similar document:

 

Thank you for your letter of XXX in which you enclose a copy of a what you assert to be a copy of my “original agreement with MBNA Europe Bank”. I note the document enclosed with you letter is a photostatic copy of a microfilm document that is clearly labelled as a Bank of Scotland Application Form.

 

 

I assume that your letter is a response to my letter of XXX in which I notified you of my dispute with MBNA Europe Bank Ltd. due to their being in default of my request to supply me with a true copy of the executed credit agreement for this account.

 

 

The document that you have supplied does not comply with the requirements of the Consumer Credit Act 1974.

 

 

The document does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states:

“127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).”

 

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

 

I note that you intend to resume “collection activity” in the next 14 days. I would therefore like to remind you that such action will be in violation of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Collection Guidelines.

 

 

I you cannot supply a compliant copy of the agreement I require written clarification that this is the case.

 

 

Should you ignore this request and attempt enforcement, I may file complaints with appropriate authorities such as Trading Standards, the Office of Fair Trading, the Information Commissioner and Financial Ombudsman Service. I may also initiate litigation in the County Court.

 

 

I would also like to remind you that I require all communication to be in writing. I refer you to the contents of my previous letter regarding harassment by telephone and the threat of doorstep calls.

 

 

Since the agreement is unenforceable, it would be in both our interests to bring the matter to a swift conclusion that avoids both the cost and inconvenience of a protracted dispute. I can only assume that MBNA Europe Bank Ltd failed to inform you of my dispute with them prior to assigning their rights and responsibilities under this account to yourselves. I respectfully suggest that you seek redress from MBNA for any loss you believe you may have suffered as a result of this transaction.

 

 

I suggest you give serious consideration to the above as any attempt at litigation will be vigorously defended and I will counter claim for all quantifiable damages and/or wasted costs.

 

I wont claim that this is my own work, I did crib it off CAG before ameding it for my own needsm but I cant remember where it was originally posted.

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  • 9 months later...

I have been burying my head in the sand a bit and I have been ignoring any letters sent by Hillesden as I thought what they had sent me wasn't my credit agreement and that they would just go away when they realised I wasn't playing. But this weekend I have received a claim form from Northampton county court:(.

I have just had a quick look through the paperwork and I presume I just fill it in and offer what I can afford, which at this moment in time will be £1 a month as I am not working, I don't receive any benefits and hubby is on IB and receives an occupational health pension. I also notice that I send the forms to their solicitors and not to the courts, why is this? I thought the courts would decide on payments.

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I'm sure somebody else will be along to help soon, but don't panic, don't admit or offer anything. You need to make a CPR request then file an embarrassed defense, also you could counter claim for charges and PPI. With these idiots it's no good ignoring them.

 

You need to constantly keep reminding them of the regs they've broken

Have you had a default notice? If so was it compliant?

You can fight this, do it right and they'll drop it before it ever fets to a judge.

They are hoping you will panic and give in!

 

See this thread: http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

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They must be reported for trying to get you to send the forms to their solicitors. What they are hoping to do is to sit on them so that they can obtain a judgement by default :mad:

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08_01_3.jpg

 

not sure if I've done this correct but this is the letter I recently received from the solicitors.

 

Then I received this one

 

08_01_0.jpg

 

Now I have the claim form which I don't understand at all, because the way I read it, it hasn't been to the court yet. Its saying any payments should be sent to Aplins:confused:.

I'll scan these in a minute in the hope that someone can enlighten me.

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Have you got a default notice from the OC? Looks like they are trying it on to me!

The POC is vague! Didn't realise DLC operated banking facilities, defend this right and you'll stop them.

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Thanks for that Jon, I am completely out of my depth now. I was hoping they would just give up and go away. As long as I get replies in plain english I'll be okay, I think.

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