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    • DX,   I've just noticed something, if you look at the uploaded documents relating to the CCA #6   You see the 2nd and 3rd page are contracts the first one is a blank contract the 2nd one is a digitally signed contract for Very. I can only assume the originally creditor sent the contracts digitally to the DCA and it looks like one of them has either been printed out as a blank page or they have removed the information from 2nd contract and made it look like 2 seperate contracts?   It looks like they only have information relating to Very and not Littlewoods? surley a none signed contract with no name detailing no amount of credit is not legally binding in court?   It looks like if it gets to court they'll for the Very account but not have a case to argue the Littlewoods one?   Shop direct own both companies so assuming regardless of one signed contract for one company name would still need a seperate contract for another? and one signed contract doesn't work for both?   If this does go to court at what point do I ask for the hearing to be done local to me?
    • For Chrissake simeon!!!   Of course you cannot find para 18(d) that I referred to in #120!!!  That is because - if you had bothered to read #120 post correctly - you would have seen that para 18(d) is in FTMDave's post #105.   One of the improvements that FTMDave had made in #105 to my earlier draft was to replace my paras 13 and 14 with a single combined para 13.  This reduced the total number of paragraphs by one.  That was a good thing to do.   YOU in #121 then reverted to my earlier draft, thus wrongly reinstating para 14 from my draft which FTMDave had removed .  This meant that the para 18(d) that I referred to in #120 had become 19(d) in your version in #121!!!    So when I referred in #120 to FTMDave's draft in #105 and to para 18(d), I was referring to para 18(d) in #105, and not to any draft that I produced days earlier or that anyone else had produced.   And then, now that the para 18(d) confusion that YOU have created is sorted out, you must surely understand my references to para 19 after para 18(d), and to adding a new paragraph 20   Do you understand now?  (You must stop reverting to ealier draft versions and stick with the latest - otherwise it becomes incredibly confusing for all of us and you won't get this counterclaim completed in time!!!)   ========================================================================   All I can really advise you to do now is to read FTMDave's suggestions in #131, and follow them!   (You might find it helpful if you read again all our posts from #120 onwards to help you understand FTMDave's advice.)   You need to sort out your attachments (or exhibits if you prefer).  You've got them in front of you - we haven't - and you understand them better than we do.  Just make sure they are numbered and ordered correctly and are cross-referenced correctly to the Particulars of counterclaim.   Add in interest as per FTMDave's instructions.   And that is it.  From here it's not rocket science, it's just common sense.  If you don't understand by now we can't help.  You just need to polish it off.    
    • Hi there. To answer your questions. The Assessment of the car I got was by the DVSA. The 3 Dangerous faults. Seatbelt webbing significantly weakened offside front. Seatbelt webbing significantly weakened nearside front. Passengers seat insecure Nearside.   The Seven Dangerous Faults. Headlamp aim obviously incorrect. Supplementary restraint system indicates a fault Drivers door hinge insecure Fuel cap sealing device missing (cap seal missing) Fuel Cap Sealing device ineffective (filler neck sealing face damaged) Battery insecure and likely to cause a short circuit Power steering malfunctioning (limited power assistance, power steering pump noisy)   2 advisories  no spare wheel fitted Tyre worn close to legal limit.   The link to Companies House https://find-and-update.company-information.service.gov.uk/company/08471137   The MOT was obtained on the 8th of October after I had paid a deposit and two days before I took possession of the vehicle. The Garage the MOT was obtained from is in Bristol as is the dealer. I live around 130 miles from the dealer.   I have engaged with the thread as far as possible with other commitments and did not notice the set of questions I did not reply to in my first post which was responded to at 1 in the morning. Any help is gratefully received.      
    • ok. well you could try appealing using the forms you used before i will guess these: you dealt with the others so why not this one? they at the time should have equally been aware there was another PCN outstanding and dealt with that too or atleast told you.   not really sure but worth a try.   im sure a brief likewise note to the bailiff will halt things for now, once he know forms have gone in/history.   dx  
    • Hi BankFodder,  From what I see, the MOT place is based in Milton Keys, the dealership said that they received this vehicle in a trade-in deal.  The agent said he has used this vehicle to travel to Birmingham and back to London with no issues, but then when I spoke with another agent via phone, he stated that its a new vehicle and they haven't really test driven it properly etc... I believe that everything they have said so far is a lie and what they stated on the sales/page on auto-trader is also a lie.  I'm unsure who did the MOT, but I have reason to believe it was the previous owner. 
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PCN Notice


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I just received a PCN notice in the post.

 

I bought the car on the 14th of June 2010 although the V5 owners docs say I've owned the car since 12/06/2010. The seller filled in the docs and sent back to DVLA, I don't know whether they put the wrong date on accidental or deliberate (I just noticed the date the now).

 

Well basically I've got a parking ticket that was issued at a time I didn't own the car, I've never even been to the street that's listed on the PCN.

 

Is there any way around this?

 

Any advice is appreciated.

Have £20k+ in debt, seriously want to be debt free, currently in temporary accomodation and having business problems.

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I just realised this is in the wrong section, can someone please move to the right section.

 

I do apologise :oops:

Have £20k+ in debt, seriously want to be debt free, currently in temporary accomodation and having business problems.

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Do you have a receipt or other documentary proof of the date you bought the car? How did you pay for it?

********************************************

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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Hi and thanks for the reply.

 

I paid cash for the car with a deposit by Paypal.

 

I don't have a receipt but do have print outs of emails between me and the guy that I bought the car from to discuss delivery of the car to me on the 14th but none of the emails have the reg no on them or sellers details, only details relating to the car in the emails are the year, make and model.

 

I should have mentioned in the first post that the PCN issue date was the 12/06/2010

 

I don't even have an address for the person I bought the car from, all I have is the address of the previous registered keeper but I'm having my doubts there the same person.

Have £20k+ in debt, seriously want to be debt free, currently in temporary accomodation and having business problems.

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Have you tried writing to the DVLA to get the V5 corrected?

Can you confirm who issued the PCN? In particular was it a council or is it private?

********************************************

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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The PCN was issued by the council.

 

I'm going to write a letter the now to the DVLA to inform them of the wrong date, but what's the chance of it being amended before the 28 days are up?

 

A friend has said I should just put previous owners address in the details of representation bit, only problem with that though is that I'm not 100% sure they were the person I bought the car off.

Have £20k+ in debt, seriously want to be debt free, currently in temporary accomodation and having business problems.

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I bought the car on the 14th of June 2010 although the V5 owners docs say I've owned the car since 12/06/2010.

 

The V5 doesn't concern itself with ownership in any way shape or form.

 

It is concerned with recording the registered KEEPER (who may or may not be the owner)

 

 

In your case, I would return the PCN stating that you were not the owner at the time concerned and name the previous RK. If the Council wishes tp pursue, the burden of proof is on them to prove that you were the owner at the time.

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The V5 doesn't concern itself with ownership in any way shape or form.

 

It is concerned with recording the registered KEEPER (who may or may not be the owner)

 

 

In your case, I would return the PCN stating that you were not the owner at the time concerned and name the previous RK. If the Council wishes tp pursue, the burden of proof is on them to prove that you were the owner at the time.

 

Be careful as under the law for PCNs the owner is presumed to be the keeper. It is a rebuttable presumption but the burden to prove otherwise is on the motorist not the council.

********************************************

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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You would have signed and dated the section of the V5C committing yourself to be keeper from that date - can you recall whether your actually dated it correctly, or whether it was amended by the seller? It is not recommended to buy cars privately if the seller isn't the RK as it often can lead to problems....

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