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    • Hi.   Could you let us have the information requested in the forum sticky please? This will help us to advise you. In the meantime don't worry too much about this.     HB  
    • So last August my girlfriend went to Legoland with the kids (4 & 8) and her mum and then went to Pizza Express in Windsor. They parked at Castle Car Park.    They paid to park and went to eat. They were then a few minutes late back. There was already an attendant issuing a ticket. The attendant then waited until my girlfriend was over ten minutes late to issue the ticket despite her being there well within any grace period.   My girlfriend appealed to Ultimate Customer Solutions end of August but did not receive a response (they later said they emailed a rejection which my girlfriend never received until it was resent). Then in August she received the first debt collection letter. Then my girlfriend was advised to respond to UCS requesting an Subject Access Request (SAR) which they have not ever acknowledged or responded to.    So then we thought they had gone away until we received a letter from CSB solicitors (same address as UCS) advising they would be beginning court proceedings against my girlfriend. I told my girlfriend to complain that they haven't responded to any of our requests so she called the number of UCS and was basically accused of being rude to the t*** at the end of the phone. She wasn't but he wasn't very helpful and said they had responded to the appeal and sent it again. This was on the 16th January 2020.    On the 29th Jan this was sent after another chase to the solicitors:   I have reported UK Parkings ltd to the ICO as they are in beach of GDPR having ignored my SAR request. Further to this I was not notified that my initial appeal had been rejected and therefore cannot further appeal in a standard way and therefore I am awaiting further advice for ways to appeal against this unfair PCN.   As it stands should you decide to further contact me in regards to this matter without good cause I shall be seeking legal advice as per my statutory rights.   My girlfriend then received another letter from UCS threatening debt collectors (I told her not to worry about this) and so she wrote to the solicitors asking for an update:   Email dated 21/02/2020 I am writing to you regarding my email sent on 29th January, below. I still have not received a response from you and I left a voicemail for a solicitor to call me from CSB Solicitors, which I have also not received. I would like to speak to a solicitor regarding this PCN.   The solicitor responded via email the following: Dear Madam,   Thank you for your email.   Following your email below, we reverted this matter back to our Client for their instructions. We will only be able to respond more fully once these are received.   At this stage we have no further instructions other than to send out a letter to you dated 16 January 2020.   We hope to be able to respond more fully once these are received.   Yours faithfully,   Solicitor   So UCS are not actually doing anything they should do but nobody we have complained to has actually come back to us so not sure where to take this because I don't have time for court and I would rather just have someone take the (insert appropriate word here) to task on these unbelievably poor practices!   Any advice on next steps?   Thanks    
    • Hi Sneezer and thanks for your Site Donation which is much needed and much appreciated.   The info from the "Solicitor" makes sense if you were complaining about how CRS came to have your contact details. However, this is not relevant to your case. You didn't cancel properly and carried on paying for a gym you didn't use.   For the future, see the Guide here about how to cancel a contract properly and avoid trouble - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/     Come back anytime to update us but don't worry about CRS or anyone else who makes demands. Let us know if you need more for advice and reassurance.    
    • They were communicating with lawyers associated to me too   They can’t serve a SD on your lawyers, only you.   As I said earlier - the lawyer stopped communicating  around the date on the SD they incorrectly served.  And the bank told me the receiver was now handling things and not to deal with them anymore.   The receiver never asked me where I was.  But he did email and I did reply or he did get auto reply.   Since I did have email communication with them - I don't think they could say they did everything possible to find me,  All they had to do was ask!  And then we could have discussed the situation.    It almost is the reverse - they did nothing to try find me.  And if a PI is employed to do surveillance then he must have realised only one person - the wrong one - lived at the  wrong address.   Does anyone have any info re post #26 and #28 above?   The property is being marketed for sale and the receiver is negotiating offers, so there was no reason for me to expect bank/ lawyers to be trying to locate me to serve any papers.      Surely any loss to them has to be proven upon an agreed sale.  It hasn't sold yet,   They may still get a high enough offer to prevent any large debt?  There could then be a different discussion re terms of repayment?   So I was not expecting anyone to be trying to find me!   But this is a bit of a digression from what  should I be doing NOW? Should I send them an SAR?  If they do intend to serve me correctly this would be useful, yes?   I am sure they have added all sorts of unnecessary costs to the debt that could be challenged?   Also there is a question over if they even had a valid notice of assignment?  They would have to produce that in the SAR wouldn't they?   This was a real query for me ages ago but it never got pursued legally.
    • Expect them to bring up every communication and claim that you’ve been dodging them / not providing them with an address to serve to.......
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sharmar

MBNA Virgin (Restons) Court Case

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You back on track now, sharmar?


Always happy to help where I can!

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Hi All,

Here is a link to whats taking up all my waking (and most of my sleeping hours too!) at present.

 

I would so value your critical analysis and expertise if you have the will to read through the attached.

 

I am still a bit confused as to whether I should submit this as an amended defence immediately or use it as a Witness Statement? What are the court procedures in terms of filing both?

I know I have to file witness statement minimum 7 days before hearing, is it better to file all of this now well in advance or are there disadvantages in doing so?

 

Brain frazzled here now after putting it all together and thanks to so many here for their assistance and guidance. Will await to hear your lucid comments on this.

:)

Edited by sharmar

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subbing..

 

looks good to me by the way.


If my advice helped you please click my star

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A great read!

 

Loads of good stuff!


Hindsight is wonderful......

 

But now knowledge and advice are life savers:D

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Sharmar - wicked defence!


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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Point 23 in your defence refers to headings on the agreement. This is ok if your agreement is post 2006, when these rules came into force.

 

Wait for Vjohn to comment.

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Agree with Vint, need to check when your Agreement was made to see if you can use that.

 

Cheers,

BRW

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Thanks for looking in everyone!

 

And many thanks for the pointer!

 

It was late 2004 so I guess leave out point 23!

 

Is all else good to go then?

 

 

Q. Do I have to request the Court's/Restons permission to file an Amended Defence?

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Hi All,

 

Can anyone tell me the procedure for filing an Amended Defence?

 

Thanks

 

Sharmar

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as far as i know you simply prefix the amended defence with a request to the court to amend it and state the reasons

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sharmar,

when did you stop paying mbna, jst trying to get an idea of time from payment stop to court action, prob being going down the same road as you?

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sharmar,

when did you stop paying mbna, jst trying to get an idea of time from payment stop to court action, prob being going down the same road as you?

 

In my case I hadnt stopped paying them something as they were being paid in my DMP (Payplan)still did the dirty tho!!!


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I wander if you could get them to admit just what percentage of cases are discontinued this way?

Seems to me these and others use the court as another lever to squeeze money out of you then run if they look like loosing.

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