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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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welcome nightmare


tamthetaper
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DX waves to the guests

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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once i,ve signed the acceptance form they will pay off the loan then i,m welcome free

 

i,m stiill trying to get the signed agreement for the account

i have posted many times before,

i know this could be challenged i think i can still do this as it does not involve the ppi claim .

 

.as for ppi 1999-2003 in 2003 i was made unemployed

phoned welcome to ask if i could use the insurance on the account

i received a letter from them which i still have saying that it could not be used it didnt fit my needs(there words)

so i still had to pay it anyway .

 

in 2005 i became self-employed so i know that i didnt need it do think this would be enough to get them to reconsider my complained

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they are not the one to decide if you get it or not.

 

pers i'd give them 8 weeks from you first letter then if you get no joy

 

off to the FOS

 

it would also be nice to be able to check welcomes calcs.....

 

did they give you 8% stat too on what they've already refunded?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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rollocks

 

ppi was sold to you by welcome. you paid welcome

 

you get it back from welcome

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they are paying out on the loans from 2004 onwards

that is 4 loans £7183.83

they say to clear the outstanding loan im due them £7151.74

 

phoned them today to ask for balance

they have i was told £6557.77

when i asked how i had to pay more he said its what the computer came up with .

 

then asked about arrears rising by £500 and interest was added

he got quite abrupt i will sign it just to get shot of them ..

. i want to get the default off my house .

 

once thats done im going for disputing the account thats getting payed off

the fact it was signed in the house ,

wrong figures,

ad hoc default fees and anything else i can get out off them

before they fold regarting 1999-2003 do you think i still have a case

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i know on paper it looks a good offer

but for the last couple o hours,days,, weeks,

sat and looked at other quires on the welcome forum

 

dx you,ve always gave good advice

what would happen if i refuse this offer

many things dont add up

i want to get rid of welcome

but dont want them getting more than they deserve

 

there,s so many wrongs but i would like to be sure before i sign the acceptation form

as always thanks tam

 

if i signed the form to accept the ppi refund which i think is ok

can i dispute the account and the figures that come with it

as posted many times before the balance im due them seems wrong again cheers tam

Edited by tamthetaper
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we need to attract postggj or dj1971 to check welcomes cals.

 

then go from there

 

as for you only getting £32 to your pocket...what are the figures on any DN's in arrears theyhave sent you

 

they CANNOT just take the money as they feel fit to clear any outstanding balance, even on the one thats been to court.

 

pers i would NOT accept the offer at this stage, if that is what they are going to do

 

ok if YOU want to do that, its another matter, but i certainly WOUNLD NOT accept the payment before we get it checked.

 

now the one that went to court...

 

its got lots wrong with it, but court any the legal arguements are not my game

 

however, on your other thread, postggj intimates there are serious issues there, post is never wrong.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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welcomeletter15jan11no.jpg

 

received this today

more confusion

the original loan they say is the one that i have now been taken to court for.

. the one that they say was rewritten is the one that was payed for in 2008

still dont have the rewriitten aggrement that i signed in may 2008 for the loan that i am paying now

they also say i am exempt from paying intrerest and charges which i have paperwork in statements to prove i have been paying interest

as posted before would love post ggj to take a look tam

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gday all

 

been asked to drop in

 

as asked, has the decree ben settled

 

its time to go to war

 

the ppi refund o the four accounts, did you accept it as a full and final or did welcome just credit it to your account

 

what inteest was used to credit the rebate, 8 % compound or contractual (the apr on the agreements)

do you have all your agreements, that includes pre 2003, any old statements

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post 106 + post 31

 

has not accepted the refund

 

the Q here is really abou the current loan which has got the decree but no paperwork

[the one just signed by them in their house - details were filled in afterwards - that CCA does not exist but they got a decree!!]

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

the decree has not been settled

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Ime away on my employment law course this week but ill have use of the college computers in the evening and we have a few people comming down from scotland as this is not a ccj but a decree.

 

Ime brushing up on scottish law proceedure but it seems we need to get this set aside first (unsure on time limits) at the moment

 

IS THIS LOAN A SECURED LOAN???

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i dont think it is

 

can you poss check the refund sheet they have sent for the PPI on some of the previous loans is correct?

 

up a few posts.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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page 106 post!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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WELCOMES OLD TRICKS AGAIN

 

FIGURES ON THE REBATE ARE WELL OUT

 

8% , THEY CAN SOD OFF, MORE LIKE CONTRACTUAL INTEREST, (FOR EACH ONE OF THESE LOANS DO YOU HAVE A DOCUMENT CALLED STATEMENT OF PRICE)

 

I NEED TO SEE STATEMENTS FOR EACH ONE OF THESE LOANS (OPENING AND CLOSING BALANCE)

 

DO YOU HAVE ANY POLICY DOCS ON THE INSURANCE (DONT START ME ON NORWICH DX :smile:)

 

AS STATED, THE FIRST THING IS GETTING THIS SET ASIDE AND GETTING THIS HEFTY WINDFALL PAID BACK

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