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    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   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.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. 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 will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
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Baliffs knocking at old address for unpaid Parking fine

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Hello there , Can any one help . I've been issued parking ticket that I appealed & received no reply . I have now moved to France due to financial difficulties & had forgotten about the tickets & their consequences until my old flat mate called telling a horrid tale of baliffs & demands of payment. I am self employied with a loss of 18.000 this years accounts & no way of paying bayliffs fines or anything :shock:.

 

Could anyone offer any advice on how to deal with this mess up .....Thank you.

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If this is a PCN then by living in France then you are outside the legal jurisduiction of the Fixed Penalty System.

 

I wouldnt let it bother you, just tell your former flatmates to say to the bailiff that you have moved and dont know where. The bailiff can only return the case back to the originating council and its ends up in the bin.

 

There are no reciprocal arrangements with Britain and France on PCNs, only criminal offences.


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Wow that's a load off !!!! Thank you so much ! Although I do still have an adress with my motherinlaw for some post to be sent to . Will this effect the situation ?

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A bailiff might use CitizenView to try and trace what he thinks is a current address for you and try enforcing there, but legally he can do nothing because where a new address is discovered, the originating council must re-serve a new charge certificate to give you an opportunity to pay before instructing a bailiff to carry our enforcement. If a bailiff attends any UK address and you are not there and no goods at the address belong to you then he is scuppered. The bailiff will want to move on to his next case on his list, and and return your case back to the originating council as nulla bona.


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