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    • The postcode is an important point. You cannot be in two postcodes at the same time and the contract only covers the F area and not the E area where Met placed your car. See there is some   advantages in with idiots.🙂 The other fact about the electric spaces is that as you are not allowed to park there, the sign is prohibitory so cannot  offer a contract anyway. and another biggie in your favour is you were not the driver and the PCN does not comply with PoFA. I had another look yesterday at the PCN and there is another error since it does not say that the driver is responsible to pay the charge during the first 28 days. Schedule 4 Section 9 [2][b] (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; so that is another nail in their coffin and it s something I would include in  your WS since that is one that every Judge would accept as a failure to comply. As far as their WS is concerned some of them leave it to the last minute to prevent Defendants being able to counteract their claims. However if they leave it too late [ie after the stipulated time] you can email yours to the Court on the last day and complain at the bottom of your WS that you have not received it and therefore you are asking the Court not to accept their WS. In your case it isn't that important since you have a virtual walkover in Court. I would be surprised if they don't concede beforehand. It is a lost cause for them. Not that I would advocate parking in their electric bay in future with a petrol driven car again.🙂
    • I think the post code 0 v O is nonsense personally and would just annoy the judge.  Cases are decided informally at small claims and judges are not interested in the weakest of trivialities. Understood re FY v EY.  So add to the Unfair PCN section that the PCN includes the wrong post code and places you at a residential area rather than the car park in question. You should wait till 7 June before filing your WS - as a Litigant-in-Person you wont't be penalised for being a day late - to see if MET's WS turns up.  It will also give you a chance to see if they have paid the hearing fee.  If it doesn't turn up you can attack them for defying court directions.  If it does turn up you can ridicule their arguments.  Win win. Also you can see if they have bottled it - which they have done with the last two cases we have here. I think the exact points of your WS have become a tad confusing - and I have heartily contributed to the confusion! - so can you please add the latest version. I think the post code 0 v O is nonsense personally and would just annoy the judge.  Cases are decided informally at small claims and judges are not interested in the weakest of trivialities. Understood re FY v EY.  So add to the Unfair PCN section that the PCN includes the wrong post code and places you at a residential area rather than the car park in question. You should wait till 7 June before filing your WS - as a Litigant-in-Person you wont't be penalised for being a day late - to see if MET's WS turns up.  It will also give you a chance to see if they have paid the hearing fee.  If it doesn't turn up you can attack them for defying court directions.  If it does turn up you can ridicule their arguments.  Win win. Also you can see if they have bottled it - which they have done with the last two cases we have here. I think the exact points of your WS have become a tad confusing - and I have heartily contributed to the confusion! - so can you please add the latest version. I think the post code 0 v O is nonsense personally and would just annoy the judge.  Cases are decided informally at small claims and judges are not interested in the weakest of trivialities. Understood re FY v EY.  So add to the Unfair PCN section that the PCN includes the wrong post code and places you at a residential area rather than the car park in question. You should wait till 7 June before filing your WS - as a Litigant-in-Person you wont't be penalised for being a day late - to see if MET's WS turns up.  It will also give you a chance to see if they have paid the hearing fee.  If it doesn't turn up you can attack them for defying court directions.  If it does turn up you can ridicule their arguments.  Win win. Also you can see if they have bottled it - which they have done with the last two cases we have here. I think the exact points of your WS have become a tad confusing - and I have heartily contributed to the confusion! - so can you please add the latest version.
    • Thank you Dave for jumping in yesterday and advising not to send off the letter I wrote. I am sorry Clou but I thought at the time that both car parks were owned by Alliance. Before doing a snotty letter does anyone in your family able to alos drive your car apart from yourself and are you the keeper?
    • Thanks for this. UPS never said they delivered to the wrong address. Tracking just showed as delivered. EBay couldn’t find it for weeks and then said they found it and it had chocolate in it. Something clearly doesn’t add up here.
    • Try to think things through logically & legally - the two go together as the civil court system in England is pretty decent and easy to get your head round. 1.  Say you & I got into legal dispute.  Who could sue who?  Well I could sue you and you could sue me.  My next-door neighbour couldn't sue you and your best mate couldn't sue me because the case would have nowt to do with them.  The same goes for a DCA.  It's not their debt.  They can do nothing. 2.  Of course a DCA can't affect your credit score.  If they could, then there would be nothing stopping you picking on someone you dislike, saying they owed you a billion pounds, and affecting their credit score.  Logically there must be more to it than some daft allegation.  CCJs are issued and credit scores wrecked after a judge has decided on the matter and the losing party has still refused to pay.  With nine grand in play the matter will not magically go away but you need to gen up and seperate daft threats from paper tigers from concrete threats which could really cause you trouble. The others are right - you need to inform the original creditor of your address in order to avoid a backdoor CCJ. Also, why did you decide not to sue UPS who have admitted to delivering to the wrong address which in turn led to the theft of your goods?
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Westcot ccj - old catalogue debt - now back in court by Arrrow Global - HELP!!


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was this award sanctioned by the court

or you did it without going to court

 

you MUST MUST MUST

going back 18mts now when we first told you.

 

send a SAR to littlewoods [shop direct]

 

click the sar

 

print the letter

 

send it to

 

Customer Excellence Team

Shop Direct Ltd

Aintree Innovations Centre

Park Lane

Netherton House

Bootle

LS30 1SL

goto the post office

 

get A £10 postal order

 

payee Shop Direct

 

write on the back 'for statutory SAR fee only'

 

pop in it the env with the SAR letter.

 

hand it to the counter staff

get proof of posting.

 

you need to prove that either this debt was not your husbands

or

than anyhow it was statute barred at the time of the CCJ.

 

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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So it's a live debt, with a CCJ in place, and they now want to vary the judgement order?

 

How much have you actually paid over the years?

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wescot have a screen print thing of theirs saying his 'wife' spoke to them in 2006.

This is not the case but if it were would this count as acknowledgement of the debt

so it wouldn't have been statute barred when the ccj was granted?

 

We couldn't contest the original claim as we didn't receive the papers.

 

Wescot have played a lot of dirty tricks all the way through.

 

The original debt was for over £1000 worth of goods from a littlewoods catalogue in the space of about 6 months,

 

if I remember correctly without fetching the papers, during 1998/1999.

 

He was living with his mother and unemployed with no credit history as he wasn't allowed to breathe without her permission.

 

..Anybody else ever been able to get that much credit in those circumstances back then?

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did you do that sar

 

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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Going to post office in the morning first thing. It wasn't lack of enthusiasm last year just bad things in life that sometimes get in the way. The courts actually wanted £40/ month originally. Wescot agreed to £20/ month.

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wescot have a screen print thing of theirs saying his 'wife' spoke to them in 2006.

This is not the case but if it were would this count as acknowledgement of the debt

so it wouldn't have been statute barred when the ccj was granted?

 

We couldn't contest the original claim as we didn't receive the papers.

 

Wescot have played a lot of dirty tricks all the way through.

 

The original debt was for over £1000 worth of goods from a littlewoods catalogue in the space of about 6 months,

 

if I remember correctly without fetching the papers, during 1998/1999.

 

He was living with his mother and unemployed with no credit history as he wasn't allowed to breathe without her permission.

 

..Anybody else ever been able to get that much credit in those circumstances back then?

 

Hi, acknowledgment of debt MUST be an unequivocal WRITTEN admission that a liability subsist.

 

Although Wescot and other DCAs may try to mislead people into believing that verbal contact resets the SB clock, nonsense of course!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Just a quick one.

 

Which do you send to who when a debt is disputed.

 

Original creditor or DCA?

 

Original creditor says they have no information as the debt was sold to DCA.

 

CCJ was granted last year to DCA but there have been developments.

 

Should have done all this before I know but circumstances weren't good.

 

Thanks for any advice.

 

Just want as much info as possible from OC and DCA.

 

As they don't provide all the data to the Debt purchaser when it is sold, I am surprised they have said this. When was the account sold and to whom was it sold ? Is it the same claimant now as it was at the time of the original Judgment.

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This is what Littlewoods said. Said Wescot owned the debt so we would have to ask them. I don't know when it was sold . Prior to 2006 I presume as Wescot submitted a print screen of their records saying contact was made in 2006.

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Into court yesterday to 'answer questions' . 2 1/2 hours!!!!!

 

Had to fill in a form with all financial details, income/out goings etc.

We weren't expecting that!

 

We/he was ordered to come to court to answer questions and provide documents.

 

There was a list of additional questions not with the paperwork that should have been,.

The court officer asked if we had them.

I said no and he took the papers off me, looked through and patronisingly waved one in the air 'yes you have this is it'. It was a list of required documents.

 

I pointed this out and he said 'it's the same thing' !!!???? What are things coming to when a court official can't see the difference between a piece of paper with the heading 'list of required documents' and one saying 'list of additional questions'.

 

He hasd possesion of the latter , not us.

 

This whole thing has cost us an additional £50 in costs.

 

Have emailed Wescot to ask the reason for the questioning as the officer said it's usually done because of missed payments.

This has never happened.

 

We got to the car park with 4 minutes until we would have had to pay £50 parking charges!!!

 

Anyway, awaiting SAR from shop direct now...

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Questioning as to means to establish without a formal court hearing before judge, to determine ability to discharge indebtedness a common process.

 

Usually very detailed instruction on what MUST be produced is sent with the notification of the appointment, sometimes additional documents are 'recommended' for production.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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