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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Should this ever happen to me, I will make an appeal at the first stage to avoid any problems that may occur at a later stage. Although, any individual in a similar position should decide for themselves what they think is an appropriate course of action. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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Cabot Court Claim *** Claim Settled ***


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Hi

 

Just received a claim form out of Northampton Bulk for CC debt over 11k.

 

 

P.O.C.s are as follows,

 

The claimant is part of the Cabot Financial Group and has purchased the debt(s) scheduled below. Despite request for payment the defendant has failed to pay the sum of £***** in relation to the defendants Abbey National CC account number ********. And the claimant claims the sum of ******* together with interest under section 69 of the County Courts act 1984 and cost.

Morgans Solicitors.

 

My question is can I send off the CPR 31.14 request and if I do what will I ask for as nothing in listed in the P.O.C.s just what Ive typed out above ?

 

Ta

 

Notts

Edited by Nottsdave

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Ok done

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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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Pocs are very vague.Have you other threads regarding this will be easier to answer knowing some background info.

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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Hi

 

I rec a few letters from Cabot demanding money but I ignored, next thing claim form from Northampton.

With the P.O.C.s being so vague I am asking what I can ask for in relation to documents.

I was planning to use CPR 31.14 asking for the agreement/DN/NOA what do you think ?

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Yes I would say so.

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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OK

 

CPR request going today (recorded) I have also acknowledged service online (Mycol).

 

Will wait to see whats comes from Morgans and then be back for help with defence.

 

cheers

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Hi Nottsdave

 

I am expecting a claim from cabot very soon done all the her said ,she said bit and now waiting for the claim to come via Northampton Bulk cc.

I also expect the same P.O.C.s as you and would be interested in what you asked for in the letter sent to Morgan.

 

It also seems like will will both be in the same court I will look out for you

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Hi Herbie

 

This is what I have requested via CPR 31.14 ,

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 The Notice of Assignment

3 The default notice

Hope this helps

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Hi Herbie

 

This is what I have requested via CPR 31.14 ,

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

 

2 The Notice of Assignment

 

3 The default notice

 

Hope this helps

 

Notts

 

Hi Notts

 

It might be worth asking for proof of registered/recorded delivery and subsequent proof of signed for receipt for the NoA (as required by the LoP Act 1925 ss 136 + 196), that's unless you've acknowledged receiving a NoA.

 

Cheers

Rob

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ok

 

The 7 days are up, what the best thing to do now, I still have to put in a defence but I have one I prepared earlier (so to say).

Is there anyway I can put pressure on them to produce ?

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Hi, just to let you know I didn't go for a SD in the end but filed a longish defence, most of which is on my thread.

I think if you receive no response from Morgan's you can enter an 'embarrassed' defence as you will have no documenation on which to base a response.

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Hi this is the one I was given to work from. If I find mine I'll post it.

 

 

1. I, ********** of ************** make this statement as my defence to the claim brought by **************

 

2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

 

3. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information via CPR 31.14 dated xx/xx/xxxx sent by recorded delivery none has been forthcoming and as a result I cannot plead in defence to the claim

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5. Further to that above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

Statement of truth bit here

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  • 2 weeks later...

So .....

 

I sent in the defence on time had a letter from the court saying that they are forwarding defence to claimant and they have 28 days to decide if they wish to continue.

 

So the CPR 31.14 letter states that they have 7 days to respond, they dont respond. The system is crap why are they allowed to get away with breaking the rules :mad:

 

So I now just have wait for the tos*ers to get off there ass:mad::mad::mad:

 

Rant over.......................

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Its still with Northampton Bulk Centre at the moment, can I complain to them ?

And is there a standard form to complain on do you know ?

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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