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    • I Know I will get flamed for this , but for once time only I am with MET . The so called  “graffiti” is there to help people , Parent and child bays , Disabled bays , and electric charge point bays are all there for a reason  , just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space . how would you feel  if the bay was obstructed . I have no doubt the experts here will guide you to having the parking charge cancelled . But morally ………..
    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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.   1. 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. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore 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 or termination notice; and © 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. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. 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 82A of the consumer credit Act 1974.   9. 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.  
    • i understand. Just be aware I am prepared to take some risks 😉
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:evil::evil:Today I received a letter from these numpties. It is a 'statement of account' and says opening balance as of 01/10/08 is £83.79. This debt is supposedly owed to GUS home shopping.:-|

Now what I find strange is, I have never dealt with GUS shopping, and secondly, the debt is listed as 2008 and yet they have just contacted me. It says on the back of the letter in a Q&A section 'If the account is still outstanding, why haven't you contacted me recently?'

Their reply is 'Although you may not have received any recent correspondence from us, the account is still outstanding' How can it be outstanding when I have never had any dealings with GUS. Is this Wescot trying to pull a fast one? I certainly am not ringing them, no do I want to write, so just need a little advice from you guys as to what I should do.:rolleyes:


The man of my dreams is where he wants to be. If he wanted me, he'd be here ... :eek:

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Great Universal - Shop for all the Latest in Fashion and Homeware

So you've not had a catalogue account?

 

Is the name and address correct, any misspelt words, or incorrect middle names?

 

Quite possibly a fishing trip, I would file it under 'Christmas Cracker Jokes' and wait to see if they send any more threatogrammes.

Keep the envelopes aswell, is their any ref numbers on there, can you go online and check to see exactly what this account is supposed to have bought and owe?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yes I have had catalogues, but they have been covered by my DRO. This is completely unknown to me. Name and address is right though. There is a ref number but how can I check it online? I don't owe this debt so I think that's a bit difficult.

I will ignore anyway Just read the letter again and it says the outstanding account as of 30/09/09, thats over 2 months ago. If as they claim I owe it, why have they waited for two months before contacting me? Sounds very dodgy to me..


The man of my dreams is where he wants to be. If he wanted me, he'd be here ... :eek:

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GUS shopping is only a one of a number of different names for catalogues, and the majority of catalogues are financed by Shop Direct Finance Company Limited.

Welcome to Shop Direct Home Shopping Limited - the UK's Biggest Shop at Home Group

Have you had a Littlewoods account for instance?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yes I have, but like I said, it is covered in my DRO. If this is a catalogue chasing me, and the debt is listed on my Debt Relief Order, they cannot pursue my for it. I know by the amount though that this is not my debt. I know exactly how much I owed when I applied for the Order, and the amount Wescot quoted doesnt cover any catalogue I've dealt with.


The man of my dreams is where he wants to be. If he wanted me, he'd be here ... :eek:

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Well good for you, let them continue sending out deforestation as it is costing them, you'd think that by now these lousy companies would actually train their staff and trace 'alleged' debtors, unlike at the moment where they put all the names into a hat and pull one out and decide that 'this month we will harass this person'!

 

Boo;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Apparently Wescot are well known for this kind of thing, that's why I'm ignoring it. I know I don't owe it and that's good enough for me. If they maintain I owe it, let them provide proof!!!!:D:?:p


The man of my dreams is where he wants to be. If he wanted me, he'd be here ... :eek:

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Apparently Wescot are well known for this kind of thing, that's why I'm ignoring it. I know I don't owe it and that's good enough for me. If they maintain I owe it, let them provide proof!!!!:D:?:p

 

 

exactly they arnt worth worrying about

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If they maintain I owe it, let them provide proof!!!!:D:?:p

 

Which is exactly what they should have done from the very start, in fact that is exactly what all these diseased collection agencies are required to do anyway, yet more laws and guidelines they run rough shod over!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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if the debt was not listed in your dro it will not be included

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