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By webbscatering · Posted
I filed this already on the 16th April:- 1. It is admitted that Defendant is the recorded keeper of the Mini Cooper 2. It is denied that the Defendant parked in Grooms House Car Park Stanshaws Court Drive Yate Bristol at the times mentioned in the Particulars OR the Defendant is unable to admit or deny the precise times he was parked in Grooms House Car Park Stanshaws Court Drive Yate Bristol as he has no recollection of this. The Claimant is put to strict proof of the same. 3. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. 4. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. -
takeout dates of each debt please and the defaulted date of each if its still showing on credit files. forget the OD debts simply stop paying get an sar off to each OC of each OD debt too. as for the rest bar the 2 still with the OC's send each DCA a CCA request as advised above bet 90% of the debts will be unenforceable cash cow accounts. plenty of like threads here to read... dx -
Certainly if your son could only see the sign when driving out it would make it impossible for him to enter a contract with CEL. I've just reread the thread and seen the deadline for his defence was 16 April, so he needs to deal with this quickly. How about - 1. The Defendant is the recorded keeper of XXXXX. 2. The Claimant was contracted by the landowner to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. 3. In any case it is denied that the Claimant entered into a contract with the Defendant. 4. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Point 3 is a catch all and covers the rubbish signage and any other reason a contract wasn't entered into. See if anyone suggests tweaking this afternoon, then this evening file it via MCOL, if MCOL is working. -
Aic is RBS an ex mint credit card Moorcroft is my partners ex egg credit card Do you need dates that debts were sold Allied international credit is dealing with an RBS mint card. Moorcroft is dealing with an egg credit card. The moorcroft account has also been dealt with by clarity -
so two debts still with the original creditors and not sold to a DCA like the others?
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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!
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