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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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labrat

anyone know where to get cheap envelopes for tickets...

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ive printed off a few parking tickets/leaflets for a local school.

 

they dont have fines or anything on so dont jump on me....

 

its jsut that parking at this school is silly and someones going to get injured very soon, some children have already had near misses

 

they basicly state "school parking notice - do not ignore" on the front of them, on the second page it states why its been placed on the car - parked on double yellows, driving down the pavement, parked across drive/junction etc.

 

then on the third page it asks parents to take the time to walk to school to make a better enviroment for pupils and residents and points out some free car parks within walking distance from the school for people who live too far to walk from home...

 

ive volentiered to patrol the street by the school at leaving time to put these notices on the windscreen of cars that are causing problems

 

what id live to do is to find some cheap plastic envelopes to put these in as i would rather they didnt stick to peoples windscreen if it rains (plus if htey throw them ill collect them up wipe them down and re-use them)

 

any suggestions size wise its a sheet of a4 folded into 3 tri-fold style, like leaflets all over the world


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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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why don't you just ask the council to sort it out ... my experience of school run mums leads me to thinking you're wasting your time!!!

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Get the school to talk to the local plod.

 

They have the same sort of problems around my kids school. I've noticed either an actual cop or PCSO making notes and observing at various times throughout the term. It does make a difference if terms of compliance.


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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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they have talked to the local council, so far no help, letters went home with all the kids a while ago and the problems stopped for about a week, incidently the same week the council came around...

 

one of the other thing the leaflet states is that pictures would be taken of the cars to provide examples to the council


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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The school will need to talk to both the council and the police as each will say it is the others responsibility and let them know that it is also being copied to the local MP

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Look on ebay the type used to stick invoices on parcels should do the job.

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might be worth a look in the pound shops too - they have all sorts of packing stuff.

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Its a sad fact that the council, police ect will step in IF a child does get run over. Surely prevention is better than cure? Great idea though! May be get a cheap tripod, hi-viz jacket and a dummy camera and stand near the entrance of the school... see how many park ileagally then!


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Borrow my 10M candle floodtorch, will have the same effect!! :p


If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

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On a serious note..

 

If you go to packright (.co.uk) and search for

Document Enclosed Wallets, they start at £12.80 for 1000

depending on the size you want...


If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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doubt ill ever need 1000 its a small school at at a rought estimate its around 30 - 50 problem drivers...

 

one yesterday parked across someones drive and when the house owner complained she told them it was their own fault for living near a school..........

 

one stopped across a t junction for around 4 mins to let the kids get out you can imagine the chaos this caused..

 

one of them is on my hit list for having as many leaflets as possible plastered on her car till she gets the point she ussually parks on the double yellows only there was no space so she drove up onto the pavement and ALONG the pavement for about 10 meters till it got wide enough to park on..

 

my daughters due to start in september and ill be dammed if ill have people parking like that near her


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Why dont you ask the school to write to all parents warning of the presence of a camera person filming illegal parking outside the school during the appropiate times and then do what I suggested in post #8?


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Just bear in mind that you have no authority to enforce parking regulations, etc. on a public highway. If the DYL are on school/private property, then they are meaningless and unenforceable anyway.

 

If your sticky envelopes are such that you place them on the windscreen within the driver's zone of vision, then you are potyentially committing criminal damage.

 

If somebody takes umbrage at your actions, then it is highly unlikely that the Police will be at all sympathetic to you.

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Saw some of those clear plastic A4 pocket folders in my local pound shop - 50 for £1. See if you can get those & don't bother folding your docs. They're not sticky so wouldn't mess up windscreens - you could just put under wiper.

  • Haha 1

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also if you laminate them, other people can see and take notice

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Put a few signs up saying CCTV parking enforcement is starting then start a rumour a few parents got tickets in the post. :D

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How about a "wall of shame" with photos of selfish, inconsiderate and dangerous parking for all to see. Perhaps have a vote of the worst offenders.

 

Send advice to parents first that this is what you propose to do and perhaps the problem will go away.

 

Also don't forget to ensure that the school includes this matter in its travel plan.


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Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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