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    • DX100UK - How does this amended defence adapted from your posy of 19 Sept look? I could only see the date required for the CPR in item 3 to be incorporated:      1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    2. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I do not recall the precise details or agreement.    3. On receipt of the claim form, the Defendant sent on date XXXXXX a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date 28 August 2020 a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply.   4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:  (a) show how the Defendant has entered into an agreement; and  (b) show and evidence any cause of action and service of a Default Notice  (c) show how the Defendant has reached the amount claimed for; and  (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;    6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.    8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • So after sending the email to CEO, the ticket has been successfully cancelled - result!   My original email:   Dear Mr. Christian Hartnagel,   Re: Parking Charge Notice No: 0 XXX XXX XXX Vehicle Registration: XXXX XXX Issue Date: 11/09/2020 Entered Car Park: 09/09/2020 @ XX:XX:XX Exited Car Park: 09/09/2020 @ XX:XX:XX Athena claim an Overstay of 56mins. Photo attached of the receipt valued to your company as sales of £24.77. I am writing as the registered keeper of a car in reference to Athena ANPR Ltd's Notice to Keeper (ref: X XXX XXX XXX).   The vehicle was parked in the car park of your Edmonton store on Thursday 9th September 2020, while the driver was doing their shopping inside said Lidl store. After they paid for their shopping, they unfortunately did not enter the vehicle registration details into the parking machine before leaving the store/car park. The registering of vehicles’ details has not been required for the last few months during the COVID-19 crisis, and so, this instance was unintentional. Had a member of staff mentioned that normal parking procedure had resumed, the driver would have inputted the vehicle information as was done prior to the COVID-19 changes.   As a result of this, Athena ANPR Ltd has issued a civil parking charge notice without any consideration of the situation.   The driver has been to your shop in Edmonton store to try and get the issue resolved but was advised to get in touch with Lidl Customer Services. So far getting a response from Customer Services other than an acknowledgement, has been rather difficult.   The driver is a valued and loyal customer and this is very unfair, and therefore I, as the registered keeper, kindly ask that you instruct Athena ANPR Ltd to cancel this parking charge notice.   Kind regards, Mr XXXXXXX   And I just got this reply:    Dear Mr. XXXXXX Our Ref: XXXXXX Re: Your Contact Thank you for taking the time to contact our CEO. I have been asked to reply on his behalf. I was sorry to learn that you received a parking charge. I appreciate this may have been frustrating for you. Lidl is a national retailer. As such, we have stores in locations with limited parking space and in common with many of our competitors, our store car parks are abused to a significant and detrimental extent. We have therefore judged it necessary to take measures so that our stores parking facilities are available first and foremost to our customers. In order to ensure that sufficient parking spaces are available at all times to our customers, Lidl employs third party contractors to monitor and control our car parks. So far, this service has proved reliable and effective in reducing car park abuse and in freeing up spaces for our customers. In light of your comments, on this occasion only, I have requested that the parking charge is cancelled. Athena will confirm the cancellation in writing in due course. Thank you again for contacting us. Yours sincerely, For and on behalf of Lidl Great Britain Limited Kayleigh Hogg Customer Service *** If this ever happens again, I will make sure to always go via CEO route and make sure receipts are kept. Thanks to everyone for your help with this 👍  ***
    • Okay. Well telephone Baileys and get the information that I've asked for. Even though you fill in online forms, you should take screenshots of what you are sending. This stuff is quite important. Phone the FOS tomorrow and see what their timescale is.
    • I can’t provide the complaint as it was filled in online and submitted in text boxes if that makes sense.    I can’t afford at the moment to go to court so I will await the ombudsman help firstly. I am pleased I am no longer financially attached to the credit agreement etc But feel upset at the amount of loss we have endured and Stress. I really thought we would have gotten something back out of all this  I tried calling the ombudsman today but they said they could not answer my call due to COVID 19
    • Well you could have gone directly to court. It's up to you know whether you want to wait for the ombudsman or go to court. Maybe will be a good idea to contact the ombudsman and see what's happening and see what their timescale is. At least you haven't got the caravan sitting in your driveway so it's just a question of money and so you might think that it is worth waiting a bit. Please could you post up a copy of the complaint which you sent the ombudsman
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

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Hi Ang,

 

Did you scan it originally and remove the details in paint?

 

Spam.:)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

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

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Hi ang

 

If you go to edit the post....

 

press Go advanced

On the additional options box there should be an option to remove attachment.

 

Edit your doc then re attach

 

 

Hey presto!!

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Hi Capricorn

 

I have had a letter today from Customer Service

Recovery saying due to high volume of such requests:rolleyes: we still require extra time.

I am still obliged to make payments, as these collection activities are proper and reasonable, permitted by law even if the account is in dispute.

As long as I am happy with the way they have dealt with my complaint (what complaint I made cca request):mad:.

So I know have 2 similar apology letters and Default served in the flaming middle. Whats going on!!

 

 

Ang

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[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

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

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typical lloyds, just like egg.... "we are dealing with your complaint but will take time. And we will drag it out so you have to keep paying us more money which we arent entitled to....."

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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NOOOOOOOOOOOOOOOOO as soon as you pay them it means you acknowledge there is an agreement in existance.... that's why I was so peed off today... they paid themselves out of my old bank account !

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

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

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No

 

I did too. When its in dispute you are not obliged to pay them. IMHO if you do it like admitting the debt is yours (yes I know it really is), but if they dont have the paperwork to enforce it within the specified period then they are in the wrong.

 

Just think of it this way. You receive a monthly statement each month, if you cant find your cheque book or get on line to transfer the money to them or forget before the deadline, then they come down on you as you are in the wrong. If they dont provide the paperwork in the time the law sets down then they are in the wrong. Yes I know we have spent the money in the first place, and if it comes to court there may be an occasion where a holyier than thou judge might say its wrong to stop payment, but we are doing it lawfully. They should not be asking for payment, they should not be defaulting our accounts whilst in dispute, they should not be adding interest and charges whilst in dispute. They do however, and its wrong.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Hi Capricorn

 

I have had a letter today from Customer Service

Recovery saying due to high volume of such requests:rolleyes: we still require extra time.

I am still obliged to make payments, as these collection activities are proper and reasonable, permitted by law even if the account is in dispute.

As long as I am happy with the way they have dealt with my complaint (what complaint I made cca request):mad:.

So I know have 2 similar apology letters and Default served in the flaming middle. Whats going on!!

 

 

Ang

Previously posted by Angry Cat

 

9 BREACH OF THE ACT OR REGULATIONS

 

9.1 If a creditor does not give the debtor an annual statement in respect of a

fixed-sum credit agreement when he is required to do so, then he is not

entitled to enforce the agreement during the period of non-compliance. In

addition, the debtor is not liable to pay any interest calculated by

reference to the period of non-compliance, or any default sum which

would have become payable during that period or which relates to any

breach occurring during the period.68

 

9.2 Similar consequences apply if the creditor fails to give a notice of sums

in arrears under a fixed-sum or running-account credit agreement.69

 

9.3 If the creditor fails to give a default sum notice, he is not entitled to

enforce the agreement until the notice is given.70 If the creditor fails to

give a notice of post-judgment interest, he is not entitled to charge

interest until a notice is given.71

 

9.4 Where a creditor fails – on request and upon payment of the appropriate

fee by the debtor - to provide the information required by sections 77-79

and 97 of the 1974 Act, the creditor is not entitled to enforce the

agreement whilst the default continues. If the creditor fails to provide

information relating to any security, pursuant to sections 107-110, he is

not entitled to enforce the security instrument.

 

9.5 In addition, the OFT and Local Authority Trading Standards Services

have powers under Part 8 of the Enterprise Act 2002 to take

enforcement action where there is a breach of legislation which harms

68 Section 77A(6) of the 1974 Act as amended

69 Section 86D of the 1974 Act as amended

70 Section 86E(5) of the 1974 Act as amended

71 Section 130A(2) and (3) of the 1974 Act as amended

OFT1002 29

the collective interests of consumers.72 Enforcement action may also be

taken where appropriate under the Consumer Protection from Unfair

Trading Regulations 2008.73

 

AC forumbox_top_left.gifforumbox_top_tile.gifforumbox_top_right.gifforumbox_left_tile.gifAre you letting your bank keep your money Are you giving away thousands of pounds??

 

Many people aren't claiming all of the money they are entitled to when they make their bank charges claims.

 

You have been forced to pay unfair bank charges.

Have you forgotten that your bank has charged you inteest on those charges?

If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you.

Yet you are paying interest to the bank - on your own money!!! - a nice little earner for your bank.

 

Follow this link to see the discussions on this.

You might even double the size of your claim.

forumbox_right_tile.gifforumbox_bottom_left.gifforumbox_bottom_tile.gifforumbox_bottom_right.gif

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Hi Capricorn

 

I have had a letter today from Customer Service

Recovery saying due to high volume of such requests:rolleyes: we still require extra time.

I am still obliged to make payments, as these collection activities are proper and reasonable, permitted by law even if the account is in dispute.

As long as I am happy with the way they have dealt with my complaint (what complaint I made cca request):mad:.

So I know have 2 similar apology letters and Default served in the flaming middle. Whats going on!!

 

 

Ang

Hi Ang,

 

Have you sent the letter from post 26? If so just write back referring them to that letter, reminding them that it is not a complaint at this stage.

 

They realy are fools. If you make a complaint, then they have 8 weeks to resolve it.

 

If you make a CCA request, they have 14 working days from posting.

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