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    • I will try again...................... Even at my age there is quite clearly a PCN envelope by the windscreen wipers on your car on some of the photos.  But as I said in the IPC letter, that is not the dispute. The dispute is that CPM sent you the second PCN on the 28 th day of the issue date of the first PCN. It should not have been sent until the day AFTER the original PCN was issued. Therefore they broke the Act, they breached the IPC Code of Conduct and their agreement with the DVLA. It is something that the IPC cannot ignore since to do so will bring the ICO down on them and the DVLA should ban CPM from getting data from them once they know if the ICO do nothing. The minimum I expect is that your PCN will be cancelled. But it is up to you. I have given you the details, you have copies of both PCNs sent to you on the sar  with all  the relevant dates. 
    • Apply for an HM Armed Forces Veteran Card   An HM Armed Forces Veteran Card is a way to prove that you served in the UK armed forces. The card can make it quicker and easier to apply for support as a veteran. It’s free to apply. You can currently only apply for a Veteran Card if you have a UK address. Veterans who do not have a UK address will be able to apply later this year. READ MORE HERE: Apply for an HM Armed Forces Veteran Card - GOV.UK WWW.GOV.UK Apply for an armed forces veteran card to prove that you served in the UK armed forces.
    • The Private Parking Code of Parking has been postponed as the poor dears are frightened that thew will all go out of business once it becomes Law. We all wish but nothing could be further from the truth so doubtless most of them will have to change their ways if they don't want to be removed as approved parking companies. Thank you for still retaining and producing the original PCN which, no surprise, fails to comply with the Protection of Freedoms Act 2012 Schedule 4. [It even states the vehicle "breeched" the terms  when it was the driver that allegedly breached the terms}. It fails to specify the Parking Period and whilst it does show the arrival and departure ANPR times on the photographs [that I cannot read] they do not include how long you actually parked nor was it specified on the Notice  [photos don't count]. So that means that you spent even less time parked though it would help had you not blocked out the dates and times, so good if you could please include them on your next  post. Pofa  asks the driver to pay the charge S( [2][b] which your PCN doesn't though they do ask the keeper to pay.and they have missed out theses words in parentheses S9[2][f] ii)  (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; All of those errors mean that the cannot transfer the charge from the driver to the keeper. Only the driver is now responsible . What a rubbish Claim Form -doesn't even give the date of the event which it should.  
    • it doesn't matter what you are being charged or if you missed the discount period. you ain't paying anyway..... if this ever gets before a judge. then the ins and out of POFA2012 or any IPC/BPA guidelines might come into play. until then i go get on with your life. you are spending far too much time on a speculative invoice scan scheme  its almost as if you believe these are fines and enforceable in a criminal court and you could have bailiffs at your door any minute.    
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Only a few days to get my complex defence in- Cabot


maddiemay
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Thanks

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They didn't supply anything until the court ordered them to in Feb, POC pretty basic stuff, I do owe the amount they are claiming is just arrears, but I know it is in actual fact the entire total debt, I am happy to pay them this amount, dont feel I should because they have been a tad deceitful, but I really dont think I can do this for much longer, its so draining!

If I admit defeat and agree to pay them the amount claimed, they'll only come after me at a later date for the non existing 'balance'

so I have to give it a go really

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What exactly do you have to submit tomorrow and have you got the POC handy? I will have to look again tomorrow but if you can provide a brief summary of where this is at?

Please support CAG and they will support you.

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If you have a look at the 'split claim' thread, you will see that if you pay the first claim or they win it, they will be breaking the regulations if they come back at you for the balance. You could really hammer them for doing this

Please support CAG and they will support you.

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Yea, I had a lok through the split claim link you kindly posted last night, but I dont think it is relevant to my case. The claimant claims I owe them £2,***, which is solely arrears, hence why they say they in their witness statement, they didnt have to serve a default notice on me prior to the issue of proceedings, because the account hasnt been terminated, nor are they claiming the full balance.

 

The problem is that I know it is not just arrears but in fact the entire total outstanding balance, and yesterday, I did actually find the default notice received from the original creditor 3 years ago. I cant see anywhere on the claim form relating to the fact that they may claim the 'remaining balance' at a later date, so dont think a split claim is what thery're up to here.

 

I believe (well I know) that they have not sent me a default notice (nor do they know the OC sent one) and when ordered to produce a copy of it by the court, they couldnt, so instead invented the fact that that amount claimed was just arrears and therefore dont have to.

I hope that makes sense, and please feel free to correct me if I'm wrong, thats the only way I'll learn

 

Maddie

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Well, I went to the court this morning to file my amended defence, I asked the clerk if she could try and get the paperwork attached to the file before it goes before the judge today, to decide if the extention of time should be granted to the other side, as luck would have it, the judge was just about to look at the case and said, since I was there I just as well go in, as is my right to be present. Thats all I can say at this stage, but it did seem to go well. The extention was granted in order for the claimant to provide documents I know full well they will never be able to do no matter how long they are given. Judge seemed to know only too well, how this bunch work! Lets hope I get him at the next hearing.

I'll keep you posted

 

Maddie

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  • 4 months later...

Urgent help Please.

 

Im so very sorry I have had to call on you guys for help again, I have spent the last 2 days constantly at the computer trying to put together a witness statement which should have been submitted last friday along with all the documents I wish to rely on at the hearing just over a week away, Im hoping due to my illness the court will be a bit more lenient on me and accept the docs in person tomorrow!

What I need to know tonight if possible please, is The credit card account in question was taken out in 2004, what should the consumer credit agreement contain to make it enforceable in court next week and where can I find it, that would be acceptable to quote from.

I'll break for a headache pill now I think and hope someone gets back to me soon. As a matter of interest Cabot are referring to a 'Reply Card' as the consumer credit agreement Thanks again M

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Ive tried to get the picture from photobucket, but failed, cant see what it is im doing wrong! There isnt a great deal to see to be honest, just a rectangular box headed Acceptance reply card, 1) my name and address, telephone number and date of birth 2) is missing 3) is a box headed declaration, credit agreement regulated blah blah in tiny tiny writing, my signiture the date and a 'Your right to cancel' Thats it really, not sure if thats any help. Im still hoping to find out what the prescribed terms of an enforceable agreement would be, Please

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5 threads merged.please keep to ONE thread per debt.

 

if you need to post docs etc use:

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

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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i have limited legal knowledge.........however.......

 

have you checked your CRA to see if this debt exists and what it says?

 

i would not rely on any 'paperwork' errors to get you off this debt if it is yours

 

if a clear financial link exists between you and vanquish, and with what you already have in terms of docs from the OC/DCA/Solicitor ,

 

then i fear the worst here.

 

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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Just completed my witness statement and prepared my court bundle @ 04.17, probably too late to submit anyway, should have been in last Friday, if I dont win this one, it will be the last time I ever try to fight, its just too stressfull.

Have given it my very best shot, will let you know the outcome regardless

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Hi, I know you are feeling down and stressed but don't right everything off, you become more competent with the battles!

 

I have failed on my own account, but different DJ who knew the law .....threw out a case against my OH! If anything my case was stronger but the lottery won!

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Had probably one of the coldest women DJ'S ever! combined with the sweatiest and greasiest Cabot representitive, who in all honesty I should have been able to wipe the floor with he was so pathetic! I was intimadated by the judge and my mind just went blank!

 

I will be well into my 90's before the judgement amount is paid, they didnt get the £3,000 in costs though, so that a bit of a victory for me and Im so glad its all over and done with.

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Forthwith or installments Maddie?

 

Regards

 

Andy

We could do with some help from you.

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If you want advice on your Topic please PM me a link to your thread

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I did say to the DJ, they'll want a CO, she said as long as I maintain payments they cant, but like you say they will anyway, probably wont bother to defend, tried that in the past with my husbands creditors to no avail!

 

The judgement payments work at at around £90 a year, would there be any reason why I couldnt pay the whole years payments in one go, then forget about it till the next payment is due? Any advice on that would be helpful

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