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    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
    • Well, they trashed their last election manifesto pledges, so nothing new really is it? They just find weasel words to try to claim they haven't actually failed if you just look at it just a little squinted and in this particular way  - and are stupid.
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HP Trouble - Claim form issued.


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Can you give a link to your defence

 

good work on the apr

 

Hi, I have used the defence which was suggested by emandcole and it can be found on page 3 of this thread and initially concentrates on the fact that their POCs do not meet the relevent criteria. We are starting with that first and then seeing what they come up with next. I was advised not to rush into defending myself too much yet as it is their job to prove the debt is correct and not mine to prove it isn't. As I said though unfortunately I have had no response from Morgan's with regards to the CPR31.15 letter or my defence letter (both were sent on 9th Sept by recorded). The date is fast approaching for my aq to be sent in so just wondering how best to fill it in without any more word from Morgan's.

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What form have they sent for the AQ - N149 0r 150?

 

Re. your CPR31.15 - if they haven't replied in the time frame you gave them you should make an app to the court for an order to make them comply. This should be done before your AQ if your AQ is N149 as CPR31 does not apply to SC. Your alternative is to apply for directions with the AQ but the court might not issue them so IMO the app is probably the best way forward.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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What form have they sent for the AQ - N149 0r 150?

 

Re. your CPR31.15 - if they haven't replied in the time frame you gave them you should make an app to the court for an order to make them comply. This should be done before your AQ if your AQ is N149 as CPR31 does not apply to SC. Your alternative is to apply for directions with the AQ but the court might not issue them so IMO the app is probably the best way forward.

 

Hello the form is a N150. When you say I should make an app to the court, what exactly does that mean? Also do I make this app to the court and forget about sending the aq in by the 20th September now?

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HI, FG is bang on, you can ask the court to order the disclosure of the documents you need and the upside is that doing it through the AQ means its free. However, making a sole application through the court is far more forceful and shows the other side that you're not going to muck about.

 

Can't recall what form you need but if you go into the court and state that you wish to make an application to force the claimant to provide the documents you need they'll know what to give you. The application will be about £40 and if the court accepts it (no reason not to) there'll be another £35 to pay to get you a hearing with the judge and the other side who should produce all you need on the day.

 

Of course if they don't they'll quickly be in trouble and you can hope for them discontinuing and then use that to apply for your wasted costs. As for the AQ you can still send that in, the hearing you pay for will kind of take over and the claim will progress based on the actions of the claimant and what they provide.

 

The AQ is there to help the judge decide how to deal with the claim, if the claimant has provided dodgy documents or even failed to provide them on the day this is likely to dictate what the court does as they'll send a directions order telling each side what it expects.

 

This could be an order to force the claimant to provide you and the court with whatever documents they didn't provide during your hearing, failure to do so eventually being the claim getting dismissed for example.

 

Most importantly for now you've told the court what you need and you've asked the claimant to respond and they haven't. You're off to a good start.

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To be honest

 

if the sols have not produced the info under a cpr 31.14 request, i would aply for a strike out vis a n244 for abuse of cpr

AND PUT AN UNLESS ORDER WITH IT FOR DIRECTIONS

 

down side is it will cost you £75 but wil be delt with double time by the judge

 

you will get the fee back

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To be honest

 

if the sols have not produced the info under a cpr 31.14 request, i would aply for a strike out vis a n244 for abuse of cpr

AND PUT AN UNLESS ORDER WITH IT FOR DIRECTIONS

 

down side is it will cost you £75 but wil be delt with double time by the judge

 

you will get the fee back

 

Cheers. Do I word it exactly like that? (A strike out for abuse of CPR)

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What was the date of the claim

 

when did you send the cpr request in

 

have they responded at all to the request

 

what stage are you at in court at the moment

 

I sent in a CPR31.14 request on 31st August and received an unstaisfactory response ( a copy of the letter is uploaded on this thread). I then sent a CPR31.15 request on 9th September giving them 7 days to comply and have received nothing

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A new twist. I have this morning received a letter from Morgan's along with their aq. They made no mention however of my CPR requests I have made to them. The letter says "the claimant requests a stay in proceedings in order for the parties to attempt to narrow the issues - we will endeavour to give advance disclosure of our evidence in due course". Also as you know I requested they amend their POCs as advice on here said that they did not meet Civil Procedure Rules. In their aq they state " the claimant intends to amend the Particulars of Claim, however, before the claimant makes such an application, a stay in this matter is requested in order for the parties to attempt to narrow the issues in this case". They also state in the aq "Currently, in light of the Defendant's defence, it may be that the quantum of this claim has been incorrectly stated and it is contended by the claimant, pursuant to CPR Part 1 Rule 4(2) (a) that the parties ought to be allowed to attempt co-operation in this regard in order to ensure that this case is actively managed.

 

Now if anyone could translate this into English I'd be most grateful but from where I'm standing it appears they are preparing for a massive back down unless I have read the signs wrong. The fact they are changing their POCs in 1-up to us I think. Any advice regarding this latest letter is as always most appreciated

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HI, FG is bang on, you can ask the court to order the disclosure of the documents you need and the upside is that doing it through the AQ means its free. However, making a sole application through the court is far more forceful and shows the other side that you're not going to muck about.

 

Can't recall what form you need but if you go into the court and state that you wish to make an application to force the claimant to provide the documents you need they'll know what to give you. The application will be about £40 and if the court accepts it (no reason not to) there'll be another £35 to pay to get you a hearing with the judge and the other side who should produce all you need on the day.

 

Of course if they don't they'll quickly be in trouble and you can hope for them discontinuing and then use that to apply for your wasted costs. As for the AQ you can still send that in, the hearing you pay for will kind of take over and the claim will progress based on the actions of the claimant and what they provide.

 

The AQ is there to help the judge decide how to deal with the claim, if the claimant has provided dodgy documents or even failed to provide them on the day this is likely to dictate what the court does as they'll send a directions order telling each side what it expects.

 

This could be an order to force the claimant to provide you and the court with whatever documents they didn't provide during your hearing, failure to do so eventually being the claim getting dismissed for example.

 

Most importantly for now you've told the court what you need and you've asked the claimant to respond and they haven't. You're off to a good start.

 

Back off my hols

 

Totally agree with FG & emandcole

 

You will not be able to refuse the stay as it will deemed as you being unreasonable.

 

BUT you *can* make an app for an unless Order for them to comply with your CPR request

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well I sent my aq before I received their's and I said I did not request a stay as they have had ample time (8 years) to sort this out but if they want a stay then I'll go along with it. What happens now then in these "stays?". Will someone contact me to try and iron out the differences etc?

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Depends really. A stay is a kind of limbo, typically as something has arisen that needs sorting out further and the time scale is perhaps uncertain. As the defendant however if you've done everything as required and its the claimant mucking about you could consider an order to hurry them along a bit, state the stress of the claim is adverse to your quality of life, health etc and that you require the claimant to get their act together. Give them their stay so you are perceived as helpful (they'll get it anyway) and once they've had reasonable time to do whatever it is they need to do consider contacting the court.

 

Not sure how aggressive you should be here but Post will know I'm sure.

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If I've done this correctly the APR charged is actually higher by 0.4% and if this is the case the agreement is wholly worthless. APR accuracy states that the APR you pay can be up to 1.0% lower than the rate advertised, however the rate you pay cannot be more than 0.1% than that advertised as if it is you're basically being ripped off.

 

Anyone any good with APR calcs to verify the above is right?

 

Just a point here

Misstating the APR does NOT make the agreement unenforceable.

You have to show prejudice - i.e. how their misstating the APR caused problems (and I think in this case you could well do that)

 

But your figures are right the APR is actually 21.5%

This makes the agreement improperly executed and therefore to enforce the claimant needs to make an application for an enforcement order.

 

It would be very easy to show well over £1k prejudice against you because of the APR issue alone. and then of course there are your costs ....

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IMHO it would also be a good idea to invest £10 in a SAR to Online Finance.

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just a point here

misstating the apr does not make the agreement unenforceable.

You have to show prejudice - i.e. How their misstating the apr caused problems (and i think in this case you could well do that)

 

but your figures are right the apr is actually 21.5%

this makes the agreement improperly executed and therefore to enforce the claimant needs to make an application for an enforcement order.

 

It would be very easy to show well over £1k prejudice against you because of the apr issue alone. And then of course there are your costs ....

 

 

you are corect

 

the variance on apr is 1 % and 0.1 %

 

mistating the apr is a prescribed term and the court is then prohibited from making an enforcement order

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Could you please show me where the APR is a prescribed term .....

 

Interest rate is not even a prescribed term on fixed term loan

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