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    • Here's something I'm hoping to clarify before I get in trouble for it:   There is a street close to where I live that was transformed into a temporary Pedestrian and Cycle Zone due to a school that's there. I know I can't enter it during those times, but can I be fined for having my car parked on that street while the zone is active? So far I have only heard one interpretation, from my neighbour, who said you can have your car parked there and you can exit the zone while it is operational, oddly enough, but before I take her word for it I want to get some more opinions on the matter.   For reference, here is what the Council's own website states: "It is an offence to enter or drive in an active school Street without a valid school street permit." (emphasis mine) Would this prove my neighbour right or can they still find a different interpretation to it that would carry the risk of a fine if I park my car there?   The sign for the zone is very similar to the image attached below, only different operating times.      
    • good i can see where you got that from  pers i'd put back, suitable adapted the line:   3.Throughout this period XXX only ever served estimated bills which were grossly over estimated with values unrelated to actual use. There was and still remains an unresolved dispute with XXX which was never resolved prior to the assignment of the alleged debt.
    • Hi Mr S,   Read other threads here posted over the last year or so.   We pretty much advise the same thing - ignore demands from the gym, their admin company, any DCA they use and any legal firm they use.   No need to engage with the gym or admin company to discuss or argue your wish to cancel - it'll get you nowhere.   If you want to leave the gym now, just give a month's written notice then cancel the DD m,andate .   If you want to cancel from October 2021, confirm this to the gym in writing early October, allow the final DD to be taken in October, then cancel the DD mandate.   You'll see from other threads that no action is taken to claim money and gym m/ships do not affect your credit records.
    • Update on the situation:   Following the run in with the police he has actually gone to the police station himself to question what he was told and was told there is no issue with him idling or moving the car around the car park, so the police officers who told him that were wrong.   As a side note, he knows who it is that's reporting him. Seems to be a bit of a feud between them, but the clarification he got from the police should at least stop them coming around every time a report is made.   Thank you to everyone who replied to this question!
    • I have had another good look around but still struggled to find any templates. I did find a defence on a thread that I have adapted below. I would greatly appreciate some input before I file it. Again, many thanks in advance.   Defence   1. I 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.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from hanging to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3. Throughout this period Co-operative Energy served estimated bills. This is shown in the one copy of a bill that the claimant has been able to provide. The claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
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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
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HI all,

 

Long time viewer, first time poster.

 

Currently, I have 6 outstanding payday loans. I owe money to Countrywide, Wageday Advance, Debitcard Loans, Tower Capital, Txt Loans and Safeloans. My monthly commitment to these lot is about £350.00 just repaying the interest!

 

Firstly I admit I owe them money and i want to pay them off but simply havent got the money. After reading the forum it seems the way to go is to default on the agreements.

 

My payments are all due on friday and I am basically after advice on what to do. My first port of call is going to be to cancel the direct debit WDA have on my account. I am going to do this later today. I will be phoning the bank as well to tell them i have lost my card. ONly problem is that i believe they may force a payment throug, however, last month I changed my bank card as it split and none of them took a payment. In view of this should i worry?

 

What letter do you think i should send them? I have worked out that if they freeze charges, which i doubt they will, i can pay £25.00 per month to each and they should be cleared within a year.

 

Can anyone share any advice on what will happen and how best to deal with it?

 

Please any advice would be welcome as i am at the end of my tether. I want to break the cycle of extending the interest payments.

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I have just cancelled it online, message received was

 

Your request has been successfully received

space.gif

Your Direct Debit has been cancelled and no future payments will be made.

 

Please select an option from the left-hand menu to continue Internet banking.

 

So first step taken

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Bit more info.

 

Just rang my bank and advised them i have lost my card.

 

Asked whether anyone would be able to claim money from it. She said yes should be ok. Bugger!!!

 

I have now set up a standing order online and i am hoping my wages will transfer to my savings account before the vermin get there hands on it

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Hi

 

I also bank with Lloyds TSB and I had to cancel my card with them when I defaulted on my payday loans.

 

When you reported it did you report it lost / stolen?

 

If so then no money should be able to be debited from it Lloyds confirmed this to me. To set your mind at rest give Lloyds telephone banking a ring and tell them you have cancelled your card and ask them if anything can be debited from it. Tell them you are concerned as you are about to be paid shortly and want to make sure the money cant be taken and emphasise to them that if anything is taken from it then you will consider it a fraudulant transaction - get them to record this in your notes. They do sometimes say that this is not possible but it is I assure you.

 

Anyway I am sure that your money will be safe (I had no problems and did it twice!!) the phone call will just give you that bit of confidence in it.

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I have just cancelled it online, message received was

 

Your request has been successfully received

space.gif

Your Direct Debit has been cancelled and no future payments will be made.

 

Please select an option from the left-hand menu to continue Internet banking.

 

So first step taken

 

Don't want to be the bearer of bad news but direct debits that are less than 3 days away generally still go through even though they have been cancelled.

 

If it does happen though, just go to the bank on Friday and tell them to reverse it and they will, the money will appear back in your account overnight into Saturday.

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Well I phoned the bank and they told me a different story in that they should not be able to take money. Anyway he was more interested in trying to sell me Identity Theft Cover!

 

This morning is the morning i default on my loans. I have had three texts and two calls chasing payment.

 

Ready for the long slog.

 

Anyone got a template letter which i could use and send

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  • 1 month later...
Well I phoned the bank and they told me a different story in that they should not be able to take money. Anyway he was more interested in trying to sell me Identity Theft Cover!

 

This morning is the morning i default on my loans. I have had three texts and two calls chasing payment.

 

Ready for the long slog.

 

Anyone got a template letter which i could use and send

 

I was with Lloyds Tsb and reported my card stolen but low and behold a month later they let txtloans take £246.00 from my card i reported stolen and left my hugely overdrawn. So be very very wary i would get a new bank account and get all monies paid into your new account.

 

Also Tower capital will take you to court i have had a loan with Tower capital and defaulted on it and they have taken me to court so just a heads up on that one.

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I was with Lloyds Tsb and reported my card stolen but low and behold a month later they let txtloans take £246.00 from my card i reported stolen and left my hugely overdrawn. So be very very wary i would get a new bank account and get all monies paid into your new account.

 

Also Tower capital will take you to court i have had a loan with Tower capital and defaulted on it and they have taken me to court so just a heads up on that one.

 

I hope you are fighting Tower mighty royals - there default notices are generally crap

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I hope you are fighting Tower mighty royals - there default notices are generally crap

 

I am currently going through the process of courts with tower capital and primepaydayloan which i am guessing are part of the same group as my primepaydayloan court notice wants me to send docs to tower capitals address. But yes i am fighting them all the way and one of them there particulars of claim were just unpaid payday loan not a great poc lol

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hi mightyroyals

did they send you a default notice, if they did could you post it up minus all personal details and amounts and also blackout the barcode if there is one, would be interested to see if they are send valid default notices out, was that all that was on the POC and did they send any docs with it or did this claim come through Northampton CC.

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if you find the section that you would like to start a new thread in

for example you want to start a thread in the Debt Action forums and its to do with a debt collection company, then you would look at the debt forums and go down to the debt collection industry section open that up and there you will see an icon that says start a new thread, the icon is on the left side near the top

Debt Collection Industry - The Consumer Forums

hope that helps

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