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    • So far the declared value is confirmed and documemted the first Claim got agreed and they kept delaying saying the refund will show 5-7 days for BACS but that not true! I VE been chaising this since 28th september, told on 2nd October I needed to send my bank details again as they seemed they got it wrong but not my fault yet they had it since 2nd October! Thats over 2 weeks! I GET Money via bank bacs and from Europe and recently in 3 Days and in the UK its same day and instant! They re messing me about and nothing else! For contents its a Marshall  speaker small bleutooth one value 127.99 And 2nd parcel stollen last week and an empty bag delivered yesterday for Marshall Headphones vzlue 121.99 all sold via virifiable links and invoices and all fully covered tonits value, and payment all prooven as well as refunds. The first claim was agreed but still no payment 2nd Claim had to file it yesterday and he re the empty bag!
    • Yes it will be straightforward – but you may as well give us better information so we can check that everything is in a row. What was in the parcels? When were they sent? Was the value correctly declared? I understand you had insurance.   Have you been formerly declined compensation? If so then what was the reason given?   Also, you need to spend some time reading up on the Hermes threads on this sub- forum so that you understand the way it goes. It is pretty well always the same. It's essential that you understand the steps and so it is essential that you do the reading. In addition to answering the questions above, please confirm that you have done the reading or the you will be doing it.
    • In order for an NTK to be compliant it has to comply with PoFA. If it is not compliant then the keeper cannot be held liable for the PCN.  I have included the wording from S8 though  s9 is identical in the part I have copied below. You will see that at the beginning  "The Notice  'must' " which in Law means the wording  is to be stictly observed (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; (c)state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f); (d)if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is— (i)specified in the notice to keeper, and (ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4)); (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges; or (ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver; (f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given— (i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; (g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available; (h)identify the creditor and specify how and to whom payment or notification to the creditor may be made; (i)specify the date on which the notice is sent (if it is sent by post) or given (in any other case).   If you compare that with the NTK you weresent you will see that your one does not include  "   (if all the applicable conditions under this Schedule are met) " Your NTK also states that if you don't pay the £100 that you will be liable for debt collection charges up to £60. this contradicts section 4 of PoFA where it covers the right of the parking crooks to pursue motorists [5] (5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).   So their NTK is non compliant in two places.    In any event Ambreen is wrong to declare that if they cannot pursue the keeper than they can assume that the keeper was the driver. The court will not entertain that idea -VCS need to provide strict proof that the keeper is the driver. So despite Ambreen claiming that they can proceed against the keeper she is wrong. [17,18 and !9 of her WS]. They quote Parking Eye v Beavis   [22] which is irrelevant since that was a free car park and yours is a residential parking space covered by a lease which VCS cannot overturn.    
    • I can't remember if we mentioned that Door Matt was offered a job as UN envoy to help Africa to recover from Covid.   According to several people on Twitter, the UN seem to have read the joint select committee report on the UK's handling of the pandemic and withdrawn the job offer.
    • Everything that you think you might need during the hearing – you have to disclose in advance to the other side. If you're making allegations of false representation then he has to have a chance to know about it in advance so he can then consider his position and decide on his responses. On the other hand, you disclose this evidence but you don't need to disclose in advance the comments you are going to make about it. So you don't need for us to say that this is a false representation. You simply need to include documents which show the website et cetera. He may ask himself why on earth are these documents being disclosed – but he will have to wait until the hearing in order to discover that. We are going back once again to the beginning where it was a shame that this wasn't included as a head of damage. It would have been extremely serious and the damages available to you would have been far greater.
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claim form - Tower Capital -payday loan **struck out**


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I have just received the reply from my CPR 31.16 request and am unsure of how to challenge or what letter to send next and who to.

I am hoping someone can help as im panicking due to the time left until it goes to court.

 

Basically the claim is dated 4/2/10, i extended on line by another 14 days so i am guessing the time is up 5/3/10. I only received their reply yesterday although their letter is dated 23/02/10.

 

This is what i have received:

 

1. a copy of the electronic credit agreement i signed on line - Fixed Sum loan agreement regulated by the consumer credit act 1974

2. a default notice that i did not receive (i am not sure how to check it is valid)

3. a breakdown of how they have calculate the debt:

original loan - £220

interest - £53

issue of DN - £22

Email sent at £5 each - £20

Telephone contact at £5 per time- £50

24% balance interest - £110

Court charges - £35

 

Total payable - £510

 

4. confirmation that a deed of assignment or notice of assignment is n.a due to the debt not being transferred.

 

Please help, unsure of what to do next!

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I am struggling with help on this issue so hope someone can help/

 

I have just received the reply from my CPR 31.16 request and am unsure of how to challenge or what letter to send next and who to.

I am hoping someone can help as im panicking due to the time left until it goes to court.

 

Basically the claim is dated 4/2/10, i extended on line by another 14 days so i am guessing the time is up 5/3/10. I only received their reply yesterday although their letter is dated 23/02/10.

 

This is what i have received:

 

1. a copy of the electronic credit agreement i signed on line - Fixed Sum loan agreement regulated by the consumer credit act 1974

2. a default notice that i did not receive (i am not sure how to check it is valid)

3. a breakdown of how they have calculate the debt:

original loan - £220

interestlink3.gif - £53

issue of DN - £22

Email sent at £5 each - £20

Telephone contact at £5 per time- £50

24% balance interestlink3.gif - £110

Court charges - £35

 

Total payable - £510

 

4. confirmation that a deed of assignment or notice of assignment is n.a due to the debt not being transferred.

 

Please help, unsure of what to do next!

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What you do is defend the whole claim, stating that the emails and telephone charges are extortionate, £5 for a telephone call... come on what salary are they paying the agent who makes these calls? that should be a question they HAVE to answer to justify the charges here...

 

The two different interest amounts dont make sense, nor does the issue of a DN fee, I think that comes in the OFT guidelines.

 

Did you pay anything back towards this loan... also I believe this comes under the CCA 1983 amendments.....

 

Somebody else will be on soon to help out here.

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Hi Sillygirl,

 

thanks for your reply. I advised i was going to defend the whole claim when i asked for the extra 14 days on MCOL.

 

I am just unsure who to send a letter to or what to write to defend the claim.

 

Also if the claim date is 4/2/2010, i beleive i only have until 5th March (this Friday).

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Go online and fill in the information, and write to Northampton (I assume it is them) and copy in Tower Capital stating you are defending the claim, and you have rolled over several times.

 

The wording should be

 

"I am defending this claim and need it to be transferred to a local court so I can attend in person. I have no legal representation and will therefore be a litigant in person."

 

Make sure the letters go first class recorded delivery, and that you get the online stuff done asap. I cant help much as I haven't defended anything for ages now, but once you have submitted your defence there is a chance the other side might 'discontinue'.

 

FAX your details and the letter to Northampton as Tower Capital may be relying on your ignorance in these matters and go for judgement by default.

 

If you do get a judgement by default letter from the court you can clearly state that you contacted them in the timescale and stated you were defending, so that stuffs Tower Capital.

 

Are you sure you calculated the dates properly, they don't include weekends and bank holidays.

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Hi Sillygirl,

 

thanks for the advise. on the letter to the court, do i have to list the reasons why i am defendin gthe claim, if so, are thee templates on the forum?

 

also, it is Northampton and i have filled in the on line form to extend by 14 days. i didnt realise that weekends were not included so by my caculations, i have until 16th March 2010.

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Right, there aren't really any template letters for this sort of thing, so you need to get the defence sorted out. As it is a payday loan and you have rolled it over make a list of the payments you have made, and then READ the online information about getting your defence in. I would do it by Monday to really throw them into a spin, don't leave it unil the last day 'just in case',

 

I am not about again until later this afternoon when I can give a bit more help. I've never defended a payday loan case but have done plenty of mortgage cases, and a few shortfall cases.

 

Tower Capital are on distinctly dodgy ground citing their alleged interest rate, that would possibly be clipped by the judge but we have to give him the ammunition - if you can print the details off from the MCOL site and link them here I will see what I can do this afternoon.

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Hi Sillygirl,

 

you are a star, thanks for your help.

 

i am unable to upload this afternoon as ive left my passwords etc at home, I will post the details over night for you to look at tomorrow if tjhat is ok, i will then get the letters typed, sent and faxed by end of tomorrow.

 

many thanks once again.

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Hi Sillygirl,

 

this is what is on-line, just need some help on the defence letter, cheers.

 

STATUS OVERVIEW

 

Please read this page carefully. It will help you decide what to do next. If you do nothing, judgment may be entered against you.

 

A claim was issued against you on 4 February 2010.

Your Acknowledgment of Service was received by the Court and processed on 17 February 2010.

 

 

 

You have submitted an Acknowledgment of Service using Money Claim Online. You can view, print and save your Acknowledgement of Service and respond to the claim by filing a Defence or Part Admission.

 

If you need 28 days (rather than 14) from the date of service to prepare your defence, or wish to contest the court's jurisdiction, complete the Acknowledgment of Service Received on 17 Feb 2010

If you dispute the whole claim or wish to make a claim (a counterclaim) against the claimant, complete the Defence form btn_start.gif spacer.gifspacer.gifIf you admit part of the amount claimed, complete the Admission and the Defence form btn_start.gif spacer.gifspacer.gifIf you admit all of the amount claimed and you want time to pay, complete the Admission form btn_viewinstructions.gif

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Its up to you, I would fill in a part admission and the defence form, you admit the original amount LESS the rollover fees and see what their response is.

 

From my understanding this company has only had wins when people havent bothered to contest them. I cant guarantee a win but we can make their life very uncomfortable.

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Update/////defence logged as per your advise Sillygirl1. sent letterdetailing all points, low and behold i have hd a voicemail from TC asking for me to call them.Just waiting for the case to be passed local.....will keep this thread updated.

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TC might be trying to get you to come to an agreement and they will drop the case, DONT do this cause they might try for a Tomlin Order, (basically it means if they get an arrangement with you and you miss a payment they can go straight back to court and reinstate the claim... )

 

Good luck

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hi i have recieved a judgement for claimant in default letter from northampton court for tower capital i didnt even recieve the claim form i have been trying the number for 2 days and no one is picking up i have tried to log on but i dnt have a password only the claim number what can i do there saying at bottom of letter they will send baliffs ??

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  • 2 weeks later...

an update on this case. i have received a N149 form for allocation of small claims but i could do with help on the form (or at least the wording).

 

The form asks me if i want permission to use an expert's report at the meeting?

 

part g asks for other information, so i guess that is going to be the points i have made regarding the charges, harrasment and the roll over fees etc?

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You don't want an experts report at the meeting, this isn't applicable for the type of claim.

 

Part G gives you a chance to provide background info to your dispute, ie printouts of their website which shows company registration etc and their blurb about how fair their rates are.... you can put N/A here as it isn't relevant unless you need more info...

 

At least by receiving the N149 they know you have acknowledged and mean to fight, wonder if they will -

 

Hello yet again guest, why do you keep following this thread and not identifying yourself?

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  • 2 weeks later...

Hi All,

 

i defended a claim against Tower due to ridiculous charges/dodgy DN and several roll over fees after they submitted a judgement application.

 

I have had a n24 general form of judgement or order form back stating:

 

1. POC's do not comply with CPR 16.4 or practise direction of 16pd3

2. unless claimant sends a compehensive POC's in by 18/4 the case will be struck out.

3. because the order has been made by the court without reps from both parties, the partiers can apply to set aside, varied or stayed.

 

at this stage, do i need to do anything, im reluctant to just wait and hope, is there anything else i need to do to arm more ammunition?

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ok update for fellow caggers.

 

I have had a n24 general form of judgement or order form back stating:

 

1. POC's do not comply with CPR 16.4 or practise direction of 16pd3

2. unless claimant sends a compehensive POC's in by 18/4 the case will be struck out.

3. because the order has been made by the court without reps from both parties, the partiers can apply to set asidelink3.gif , varied or stayed.

 

I am as advised sending off a letter asking for set aside and costs - is there any particular wording i should use?

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  • 2 weeks later...
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