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    • The adjudicator made the decision. He sent a letter to the bank saying he believes I am in the right. They should pay the debit amount. Give me the cash back that was left in my account and also pay me £150 compensation. Then clear any default notices with Equifax.    The bank and I agreed with his findings and because of this it didn’t go to an ombudsman. He also said Barclays would write to me once all completed. As I said nothing has been done.    I emailed the adjudicator today and he has emailed a copy of his letter that he sent to them detailing the above. Then I have the email from him where he states they agreed with his findings and they will do as he said. 
    • Could you glance your ever so helpful eyes over this before I tidy up and submit much appreciated! ws bwLegal.pdf
    • Hi Andy, I'm going to go with the para you have mentioned in post #94, as the hearing is this Friday and I want to get this in the post today and emailed to court in the hope of Cabot calling the court and discontinuing the claim before Friday!    I made a slight adjustment, is this ok?   1. Since the last hearing dated 4thDecember 2019 I have discovered that I have in fact held two agreements with Capital One Bank (Europe) Plc in the past. One branded a Luma Credit Card Account Number XXXX which was issued in 2012 and a Capital One Credit Card Account Number XXXX which was issued 2015 and is currently being serviced by Arrow Global. Therefore the disclosed Reconstituted Capital One Credit Agreement presented in this claim cannot possibly be true or connected to the Luma branded Credit Card that this claim relies upon.   Thanks, Roland    
    • Hello, Firstly, I am a few steps into this whole process so unfortunately I have missed out on the advice which states what I should have done initially. I am hoping I can still salvage my situation from this point. Facts- - I own the flat and the parking bay that comes with it. - The management company have hired a separate company (LinkParking) to manage the parking. - I have a permit for my car but my car was elsewhere which is why I couldn't give the permit to anyone else. - My girlfriend parked her car in my bay without a valid permit, instead we had a photocopy of the original permit - I realise this is where I went wrong but the original permit itself was printed on a piece of A4 paper AND when I bought the flat I was never told about requiring a permit and had issues with these guys before. Unfortunately we appealed to LinkParking with a substandard appeal (I realise this was substandard after reading through everything else on these forums). They of course denied it. We then appealed to IAS directly based on guidance from other websites, copy of the appeal is below- I was issued with a parking ticket on 20/12/2019 but I believe it was unfairly issued. I have responded to this notice and 'LinkParking' have denied my appeal and have requested I contact the IAS. I am writing to you as per Section 7.4.2 from the IPC Code of Practice and would therefore like appeal this notice on the following points The car was parked in my own car parking bay which I OWN. I was still unfairly issued with parking tickets. The lease agreement does not state that I require a permit to park in the bay as I own the property and the parking bay that comes with it as per the HM Land and Registry register. This lease has primacy of contract over any agreement the management company may have with LinkParking and therefore legally is invalid. The large sum demanded amounts to a penalty and/or is not an accurate reflection of any loss suffered so it is not a reasonable charge. The monetary claim is disproportionate, punitive and unjustifiable in total. It may also be an unfair term and therefore in breach of Schedule 2 of the Consumer Contracts Regulations 1999. The contractual breach can have caused no financial loss whatever to LinkParking or to the land owner.   Once again, the car was parked in my OWN bay and therefore did not cause damage to any third parties. The Parking Charge Notice constitutes an invoice for payment.   Accordingly the invoiced charge must include an element of VAT. However, the parking charge notice does not state either a VAT registration number or an invoice reference number and so cannot constitute a lawfully valid demand for payment. Having examined the parking charge notice further I believe it is a non compliant demand for payment as the notice wrongly requires payment to be made “within” 28 days of issue which is contrary to statutory requirement that provides a period of 28 days from the date of receipt. As a sign of good faith, I had purchased a permit anyway to avoid any unnecessary hassle for both parties but have been issued a notice anyway which is unacceptable.   I understand that LinkParking are appointed to monitor the car park to prevent trespassers and I agree with this but it seems it is the residents that are being 'ticketed' without good reason for parking in their own bay. I look forward to hearing from you.   We have now received the following response today- The operator made their prima facie case on 27/01/2020 14:10:48. The operator reported that... The appellant was the driver The appellant was the keeper The operator is seeking keeper liability in accordance with PoFA.. A manual ticket was placed on the vehicle The ticket was issued on 29/12/2019 The charge is based in contract The Operator made the following comments... The appellant parked their vehicle on land we manage and incurred a charge as they were not displaying a valid permit. Our signs clearly advertise the terms of parking and the charges which apply if they are met.   The appellant chose to display a very poor copy of one of our permits, it is a fraction of the size of a valid one. We are unsure why they chose to do this and to date we have not received an explanation.   We do not have to prove any loss and invoice does not have to have a VAT number on it if the issuer is not VAT registered. Our PCNs have passed audits by the IPC and DVLA.   In addition to this I have also looked through all my documentation with regards to any requirements to require displaying a permit in the contract and I can't find anything. I've owned the flat for almost 2 years now and I do not believe I was given any documentation which mentions this. I have also looked at the HM Land Registry document which doesn't state I need a permit and I believe this ties in with the Primacy of Contract (my law understanding isn't the best). I have also contacted the management company last week to request all information from them with regards to giving me copies of documentation which covers car parking, building services etc. so I have everything. What really annoys me is that I didn't cause anyone any damage AND I WAS PARKED IN MY OWN BAY!!! I really hope I haven't messed it up too much and this can be salved.   Any help for a response is greatly appreciated! Thanks!
    • Yes DX, both come up as Cap 1, one a classic Card and the other a Mastercard. 
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sharmar

MBNA Virgin (Restons) Court Case

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Having sent Acknowledgement of Service to Northampton and CPR letter to Restons,I have heard no more! (Hope this a good sign):)

 

I need to prepare a defence asap and post off to the Court.

 

Should I still be going down the holding/embarrased defence route?

 

Any good examples out there??

 

All help appreciated,

 

Sharmar

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Nothing wrong having a nose around the CAG forums for some ideas

on a defence.

 

You'll just have to wait to see if Restons comply with the CPR request.


 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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put a warm coat on- hell is likely to freeze over whilst you wait

 

restons wont do anything unless a court orders them- and even then they'll extract the urine

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Still no response from Restons to CPR request and I need to submit defence today as deadline is over the Christmas Holiday.

 

Is this embarrassed defence ok?

 

Anything else I need to add?

 

Thanks in advance

 

Sharmar

 

 

 

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

 

 

I xxxxxxxxxxx, believe the above statement to be true and factual

 

 

Signed .....................

 

Date

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looks good to me

 

then when you get to AQ's you can make a demand for the documents you need

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Still no response to my CPR request sent early December to Restons!

 

Received a standard letter from Northampton County Court acknowledging receipt of defence and how they would be serving copy of defence on Claimant etc.

 

Should I be doing anything else apart from reading and more reading on CAG?

 

Sharmar:confused:

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Thanks for reply SB100!

 

Gonna have a read of your thread now!

 

Sharmar

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Still awaiting response from Restons!

 

I have a query with my default notice and most recent correspondence from MBNA and Restons including the claim form I received from Northampton.

 

I have a property which is rented out as I can't afford the mortgage and have moved back in with parents.

This is where MBNA issued my Default notice to.

I have never given them this address,so assume they found it off Land Registry!

 

I received the DN at this address..Would this make it ineffective? Will this be relevant to my defence?

Edited by sharmar

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I have today received my Allocation Questionnaire and have to return by 15th February to my local court.

 

I have NOT had any response to CPR 31.14 from Restons!

 

 

Do I write to Restons again?:confused: Not sure what to do!

 

Any help welcomed!!

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Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I have today received my Allocation Questionnaire and have to return by 15th February to my local court.

 

I have NOT had any response to CPR 31.14 from Restons!

 

 

Do I write to Restons again?:confused: Not sure what to do!

 

Any help welcomed!!

 

make an application with your AQ;s for the court to order production of the docs they will not supply under 31.14 or cpr 18

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i wouldnt let it get to allocation without the agreement, cos that implies youve filed a defence, which should not have happened without the agreement cos how can you defend a claim when you dont have the key principle document which the claim is based upon?

 

http://www.consumeractiongroup.co.uk...how-start.html

 

I have been reading through pt's advice as per above quote and thread.

 

Q1-Is there a template that I can fill in to send to court requesting disclosure by the Claimant as they have not complied with my CPR request of December last?

 

Q2-Do I do all this before I return the Allocation Questionnaire?

 

Many Thanks

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Hi All,

 

Have been busy working on my Allocation Questionnaire courtesy of some great threads and info out there when you do go researching!

Took loads of re-reading but I'm almost ready to post off to local Court this week.

 

 

Thanks to you all esp those who've had dealings with MBNA!!

 

I'm a bit nervous about the next stage BUT am willing to fight this to it's conclusion! (I think)

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Do make sure you get the AQ into the Court on time.........and take your time with sending a copy to Restons as they certainly won't send you a copy of theirs.........but you'll already know that. ;)


 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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subbing - had a look at your thread - following in your footseps!


Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Hi All,

This is how I intend to fill in my N150. Is all OK with this??

With regard to my Reasons for not settling at this stage Section A,is it enough to say

The Claimant has failed to substantiate this claim?

Or should I say more re: failure to respond to CPR etc?

 

Section A tick no to all 4 reasons.

The claimant has failed to substantiate this claim.

Section B tick yes (if it has already been transferred to your local court) if it has write that in the box, if not write that you are unable to travel etc.

Section C tick no. in the box write "This case is not covered by any approved pre-action protocol"

Section D Write the amount they are claiming, not including costs

Applications tick no

Witnesses write your name, and in brackets "myself"...in the other box write "all facts"

Experts tick no to the first question, leave the rest blank

Track fast track....leave the box blank

Section E 2 hours....fill in the rest if there are any dates you cant attend

Section F tick yes to 1st question...no to 2nd

Section G leave blank

Section H leave blank

Section I tick yes to the 1st question...no to the second

tick no to applications

in the big box write "please see attached section I"

 

Sign & date it etc.

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Update-Restons finally responded to my CPR request!

The same weekend I submitted my AQ'S!:mad:

 

 

And I now have an Application Notice for hearing at my local County Court in June! See attached links with details!

 

Is this standard?

 

I note that they refer to MBNA1 as 'a copy of the record maintained by the claimant on it's microfiche of the Credit Agreement'.

Is this of any significance?

 

Any opinions appreciated.

http://i566.photobucket.com/albums/ss106/39belfry/RestonsApplicationNotice.jpg

 

 

http://i566.photobucket.com/albums/ss106/39belfry/RestonsContinuationSheet.jpg

Edited by sharmar
Links not working!

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can you tell me what the date is on your CPR31.14 request

 

if it is before 1st January 2010 i can provide you with evidence in a letter from restons that they only adopted their policy of not responding to unsigned letters on 1st January 2010

 

and did you eventually supply a signature or did they send the stuff anyway ?

 

so that will be lie number one

 

 

did you keep the envelope the DN came in?

 

hopefully the allegation that the dn was posted first class will be lie number two

 

in any event RESTONS cannot make that statement- you need an affidavit from someone who can give first hand evidence of the method and date of posting

 

you need a true copy of what their default notice- let them re construct what they say it WOULD have looked like

 

 

was the copy agreement sent in response to s78 illegible?

 

it matters not that they apologise to the court for part of the document being unreadable

 

if they did not send "easily legible" documents in response to s78 then they are prevented from enforcement

thats for starters

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Hi Diddy, appreciate fast response!

 

CPR 31.14 request was dated 3rd Dec 2009 so that letter you have re 1st Jan 2010 would be handy!

 

They never wrote to me requesting my signature and eventually sent the requested paperwork in mid Feb 2009, a couple of days after filing my Allocation Questionnaire!

 

It was sent to an address I don't live in! Prop is rented out and I live with parents.

 

I have never given Restons this address but they still choose to correspond to me at this address.

MBNA were also never given this address.

They even responded to CPR 31.14 to this address despite clearly giving my home address on all correspondence.What can I do about this issue?

 

Yes, parts of the agreement sent in response to s.78 are illegible!

 

What exactly should I be doing now?? :???:

 

The hearing is 3 months away but I want to be prepared and armed with every possible bit of ammo I can have-so really will need all your help!

 

Sharmar x

Edited by sharmar

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bring it to the attention of the court in your witness statement and together with the "untruth" as to their policy re unsigned letters, suggest that they were deliberately trying to obfuscate and make matters difficult for you

 

you might also like to make a complaint with regard to data protection

 

the illegibility of the s78 response makes them in default of their s78 obligations so that'sts more to go in your statment

 

the most important aspect however is this other address, if you are totally sure that you did not give them this address then it will work in your favour very well

 

how did you enventually get the DN? do they KNOW you've got the DN?

 

it could well be that they terminated the agreement (did they terminate and/or make a demand for payment in full to you at your correct address? if so, who is to say when you got the DN (if at all)

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Awaiting Post!

 

Thankyou so much Diddy!;)

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Update-Restons finally responded to my CPR request!

The same weekend I submitted my AQ'S!:mad:

 

 

And I now have an Application Notice for hearing at my local County Court in June! See attached links with details!

 

Is this standard?

 

I note that they refer to MBNA1 as 'a copy of the record maintained by the claimant on it's microfiche of the Credit Agreement'.

Is this of any significance?

 

Any opinions appreciated.

http://i566.photobucket.com/albums/ss106/39belfry/RestonsApplicationNotice.jpg

 

 

http://i566.photobucket.com/albums/ss106/39belfry/RestonsContinuationSheet.jpg

 

Hi everyone,

 

Been busy with a couple of other creditors and also now have another Claim to contend with! So feeling the pressure mounting!

 

 

I have a couple of questions and any help appreciated.I know from here on it's the serious stuff!

 

What exactly is a Notice of hearing application? What happens at it?

 

Should I be submitting a Witness Statement NOW,in June or when?

Bit confused as this is my 1st case and has progressed the furthest.:confused:

 

Thanks

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