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    • Lastly, I will go to the site to get updated images, but from google earth, you can see from the pictures the entrance states it is for the hotel parking, which I follwed instructions and gave my details to the hotel. Where I think my car was parked (it was that long ago I'm not exactly sure) there are signs on the opposite wall, but it was 12.30am, pitch black and they could not be seen.
    • I was planning on collecting up other court cases they have lost, to refer to as part of my evidence, I'm not sure if this is worth doing or could just confuse matters? But there seem to be many where the judge has ruled against them because of confusing and not clearly displayed signage, trespass, as well as their charge being £100, which is more than the Bevis case said was reasonable.    A quick search found this article as one example KBT cornwall lose case article.pdf
    • OK, I will do now. I did look to black out certain things, but I was not sure what I should and should not redact and there was nothing on there that was personal enough for me to be concerned with being made public. So I am happy for all to view, but if you are kind enough to redact what is needed as per the forum rules, that would be amazing. Armtrak Defence documents_compressed.pdf
    • yes but have the landowner paid this years contract fee. no evidence they have in the ws. pop it back up now if you wish. the forum is quiet i'll redact it for you so we have the info.   dx  
    • Thank you all so much for taking the time to comment and help, I really do appreciate it.   Just to elaborate a bit more on the background, just because my lack of knowledge of the process might mean I've actually done things along the way that I did not know what they were and so hadn't mention it.    When they decided to go to court, I was offered mediation, which I took. I offered to pay the reduced rate, just to make it go away, but insisted it was not an admission of guilt, it was a goodwill gesture to save us all the effort of court. They refused and wanted £250.    A court date was set, but in Leeds, then a couple weeks later I received another letter saying it had been moved to London.   I was not aware I had any say in which court it would be held at, but I now understand i have good reason to request it is moved to a local one to me, which is also local to the offending place, I will call the court tomorrow and explain that. But so far I have only been told what is happening, I've not been given the choice for anything.   They seem to be going down the route of a contract breach, not trespass which is interesting. There is a document in the evidence which has the agreement between themselves which I assumed meant they can pursue me.    I am going to visit the site again shortly, at midnight the time of the offence and take pictures to build a case file of the route I took to enter the car park, how it is in the hotel grounds and no signs can be seen.    Am I right in saying, the fact they do not actually have any pictures of my car in the location they say it was in, just because all of the pictures they have were at 12/30am and it was pitch black, I am going to say my car was parked correctly in the hotel side, not on their land and it is then up to them to prove otherwise, which they are not able to do, because the burden of proof lies with the claimant I think?
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Pinky69

Cases against banks/DCAs can be heard anywhere in Europe

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So presumeably you can now have your cases heard in Scotland, where the bank/DCA must produce an agreement when they lodge the summons!:D

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I wonder if it also means is bringing your case before a court in a country where the statute barred limit is only 3 years


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Now there's an idea! Even being allowed the limitation act that applies to Scotland would be a bonus, as we live in the United Kingdom, and most of these shady DCA's are in Glasgow, trying to ply their trade in a completely different jurisdiction.:cool:


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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I should have clarified what I meant, which was that cases that we raise against banks/DCAs could presumeably be raised in Scotland for those living in England and the banks/DCAs would have to produce an agreement if they wished to make a counterclaim and also to defend. Without one they have lost before they have started.

 

I agree. You could probably raise your Statute Barred cases in Scotland where the SB limit is 5 years and not only that but under Scots law an SB debt is covered by the Prescriptions and Limitations Act 1973 which means that after the 5 years the debt is scrubbed completely - it no longer exists. There are a whole lot of possibilities to be explored.

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Blimey.

 

Whatever you think of claims companies, that particular one is certainly putting the sh*ts up the finance industry.

 

david

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the crap just keeps piling up higher and higher for these idiots :lol:

 

this has got to be investigated fully to see the real implications for the Debt buyers


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I should have clarified what I meant, which was that cases that we raise against banks/DCAs could presumeably be raised in Scotland for those living in England and the banks/DCAs would have to produce an agreement if they wished to make a counterclaim and also to defend. Without one they have lost before they have started.

 

I agree. You could probably raise your Statute Barred cases in Scotland where the SB limit is 5 years and not only that but under Scots law an SB debt is covered by the Prescriptions and Limitations Act 1973 which means that after the 5 years the debt is scrubbed completely - it no longer exists. There are a whole lot of possibilities to be explored.

 

Agreed, whilst you have my full attention, it does need to be explored more, but it does stand to reason that if the DCA's based in Glasgow are chasing payments in England then why shouldn't debtors be able to use the Scottish Legal System to defend their case?

Or is that too easy!:D


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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