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    • can't see a wayout here sadly.   if all is true and you went through a broker and he did all they claim and you laterly signed and returned stuff..   up creek with no paddle are you IMHO.   bit cheeky on all the fees mind!  
    • I very much doubt that OPS will dare take you to Court having added on an unlawful  £60 to the PCN. They have been savaged by several Judges in Court claiming the extra charge is an abuse of process and are currently discontinuing all cases just before they go to Court hoping that the pressure on the motorist for a Court hearing  will force a payment  and avoid going to Court. It is a shame that you offered to pay them the reduced amount under cover of "without prejudice" since that would have shown your willingness top pay for something that probably isn't really owed. In the meantime I would write a letter to the SRA complaining about  DCBL adding an unlawful amount when they have had their cases thrown out of Court for adding that £60 or sometimes £70. OPS were in trouble with Judge Harvey  at Lewes Court back in February for adding that £60. As  it's OPS as opposed to any other car parking crooked company, I would be inclined to write to Judge Harvey asking for his comments. I cannot find the cse online but it was reported in this Forum a couple of months ago. I am sure that one of the Site members will be able to find it for you.  
    • Hi. In that case I probably did it wrong, the N244 asked for 'evidence in support of the application' and I assumed I had to include all the points that were mentioned on here in the N244, as well as any other reasons why I thought I have a chance of defending a Set Aside if one is granted.    If I've messed it up I've messed it up and need to move forward from here and give it the best shot for the £255 it's just cost, I also need to liaise with DCB Legal asap and then email the documents to the court next Wednesday, so your help would be much appreciated.   The court letter says I have to: 'liase with the other party to agree the key documents required by the judge essential to the case' and I have no idea what this means?   Is there any particular documents I should be asking DCB Legal for when 'liaise' with them?   Do I have to send DCB Legal  a written statement?   Do I have to send them the photos of trees hiding their signs at the entrance etc. Or do I just need to ask them to agree to show the court the original documents/Demands and letters OBS sent to me? Is there any particular documents I should be asking DCB Legal for when 'liaise' with them?   Should I be asking them to provide proof of planning permission for the signs and permission from the landowner etc at the time?   In court: Should I mention the 2 year time delay and accrued interest since the final demand and applying for a CCJ?   Should I be mentioning anything about DCB Legal instructing DCBL and the extra £90 they added to the total amount (for sending one letter)?     If I lose this, and have to pay the CCJ, does that mean DCBL will then start chasing me for the £90 cost for their letter?   Thanks again        
    • the payment is not by you so does not reset the time bar.   dx  
    • Thanks for having a look,    2 x MBNA accounts been paying for 3 years every month sold to PRA group although never defaulted,   I put in a complaint to MBNA which got nowhere. 1.3k left on each and AP markers being added every month.   I will try and pay them both off in the next 3 months. I have complained again to MBNA about having them default last week so see what that brings just purely for my credit file 
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      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
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      • 16 replies
NIGHTMARE 21

got a bankrupcy petition adjourned today

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can anyone tell me what to do, when you have exhausted all avenues in requesting signed agreements etc, none have arrived and yet they are still persuing us through the courts, got a bankrupcy petition adjourned today as the "other side" had not produced an agreement, the Judge was fab, but he wouldn't dismiss it just gave them 14 days to produce one. We have been asking now since last July!!!!!!!!!!! any other ideas??

 

love this site by the way, so helpful.

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Hello and Welcome,

 

I'll start a new thread for you in the Legal Issues Forum.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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have a look at these threads -

 

pt2537's CPR31.16 thread -

 

Use CPR 31.16 for disclosure of your CCA

CPR 31.16 Court win

 

** ORDER TO PRODUCE CCA CPR31.16 WIN ***


 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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thank you had a look, cant believe that they can just ignore all requests, have copied all the letters on the forum and started back in 2008 but they just go on and on!!!!!! have a Solicitor that we pay £200 an hour to but really think he's confused now too!!! we requested signed agreement under civil procedure, the time limits laid down are clear and failure to reply toa legitimate request then the account enters a default situation, they did not comply with pre action protocol part 31.16 but still just keep ignoring us and proceeding!!!!!!!!! we have copies of every request sent by recorded delivery, its mortimer clarke solictors acting for them and they only sent us a trumped up unsigned credit agreement with a covering letter saying it was taken out online in 2001. we have told them this does not suffice but they say it does, today the Judge gave us 14 days, but to do what????? we need to get everything struck out, they have obtained judgement by default just dont know how to do it,,,,,,,,,,, the Juf=dge has copies of all the correspondence but to be perfectly honest not sure he understood either!!!!!!

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do you mean you pay a solicitor or is it them saying this?

If you are paying a solicitor, then he should apply for costs on your behalf.

Also, the Judge has given THEM 14 days to produce a signed original agreement, so thats a good thing.

Start adding up thos costs.

You'll also need to request statements of account to counerclaim any charges theyve added illegally,

But If youve got a solicitor, he / she should know that:eek:

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Thankyou Bazaar, yes we are paying the Solicitor and NO he didnt apply for costs presume he will do that at next hearing, ours is a bit different in that its identity theft so we never did sign anything, however they cant produce anything in anyone elses name either and refuse to accept its not us!!! hence me taking this route, am now going to get default judgement and strike out based on abuse of system, but it all takes sooooooo long, by the way they tried 5 times to get us to sign something!!!! thank goodness for the posts on this site that told us not to sign a thing or we might have been in a very much worse position of having to prove handwriting analysis which is not cheap either!!!

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