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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • 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 got CCJ/CO without my knowledge - help to set aside please


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Hmm. Well I haven't been to sleep but I've done ton of reading. And I definitely got no claims form or any notice of particulars etc.

 

The origin judgement was filed in Aug 08

 

I received form n55 and n56 in June 09. Then n60 on Friday, although it is dated Jan 30th

 

I have arrears notices from welcome dating from Dec08 al the way to jun12 and all show default sums 0 default sums interest 0 .

 

So I guess now I just write to the court? Sayin I dispute the order? and asking for time to get the sar back...?

 

Called cccs who put me onto some legal advice team but I don't qualify for legal aid so they can't give me any advice. Can I do the 31.14 thing or is that just in relation to the actual judgement.

 

Probly a bad idea but I rang wf who told me to ring lrc and said shed send me my statements to new address. The guy told me it is now passed to rossendales. Asked if they received my online form submission he said he has no data on it. Asked him when the default was then he went quiet for a minute and told me he'd get legal team to call me tomorrow...

None had my new address though. Even tho the AoE form came here.

 

My major concern is my gaming license as if I had a ccj in 08 I technical lied on my application in 09 and could lose license for that. I'm also up for promotion which means a full credit check when applying for managers license.

 

Spoke to admin at work. He said hex received nothing but may have gone to head office. There is a possibility of dismissal for a court order too. He took a copy and said he'd pas it in to ceridian,cthe payroll company and ask them not to pay it. Doubt they can tho.

 

 

On top of it a I having slept and have to work in two hours in Chinesei new year. Not good for me when I have Addisons disease. Undue stress is a serious problem with that...

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and relax..........

 

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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Hehe... I've had to get my mum in :) she has a law degree . And wild she doesn't know anything about this. She's does know the terminology and what not for the court letter ...

 

I still don't get why the ccj didn't show up

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are al you previous addreses showing as linked?

 

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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are al you previous addreses showing as linked?

 

dx

 

On cf ? Yes they were when I checked one of them in like September... bit now I can't get in . Says unable to validate me or something . I dunno new bank card is dodge I think. Had trouble paying bills with it too

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i went to court today to drop of a letter saying i waant to dispute the order (not even sure if that is somethin you can do) because i never knew i had a CCJ etc and all the reasons why this stinks and while i was there i asked the office about the CJ and they printed in off for me. It is dated 6/8/08... when DMC were in charge of my affairs.

 

It is an acceptance judgment or something. says i made an offer, they accepted. So i got a CCJ. Sounds like a bit of a swizz to me!

 

I looked at a sample admission form, and i definately never filled one in and returned it to the court. Problem couldnt fill one of those in if i wanted to back then. I definately never got a particulars of claim or whatever its called, or an admission form. or the actuall judgment.

 

Can the DMC make an offer on my behalf that will result in a CCJ without tellin me>? surely not? but i only ask as a. i remeber getting none of this and b. the offer is £87.06. which seems like a percentage offer to me, i would have offered £90 or a round figure.

 

also the judgment was 6/8/08 and i hav a statement from DMC that shows a payment on 7/8/08 with the case number as the reference.... and im not that fast ! haha

 

so ive been done it would appear - damn b+k!

 

not sure where to go from here. guess i just pay the 90 but dispute the balance or something. sick that the CCJ is for £6273.00 on a £2,500 loan. i will send an email to the court as a follow on from my letter. maybe just ring b+k see what they say? or should i keep qiet and SAR then first?

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sar them

i suspect the DMC did do it and deal with it all.

 

as that figure i'm sure [£87.06] looks like a pro-rata figure

that a DMC would workout

 

if they did do this

and did everrything on your behalf

that means they have covered something up.

 

prob where the +£6k debt came from

 

they didn't pay anthing like what you think off the loan prior to the CCJ.

 

sar most def.

 

and i'd say you can still set this aside.

 

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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thanks... yeah i will bang that in the post tomorrow. i knew those guys were shysters.

 

they did pay off some of the little ones but the two main ones i had just seemed to get bigger... i mean that loan was only a yaer or so old, how much interest and charges can you possibly get in a year. lol

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wth welcome

all bets are off

 

i've seen statements where a debt has gone from £2000 to over £17k in 8mts!!

 

yes £17k!! it was on here somewhere.

 

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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  • 2 weeks later...

Hmm, just a little update here to see if anyone has a fresh idea.

 

 

I heard nothing back from court at all.. Not even an acknowledgement, so i guess I have to pay them £90 out of my wages this month at least. To be honest i think its best idea, because the CCJ doesnt show on anything! so if i apply to set aside maybe it will show up all of a sudden. and is it really worth it for one that will be gone in a year.

 

Welcome wrote to me to acknowledge my SAR, but told me I needed to enclosed £10 - (WHICH I DID!) so it seems their mail guy pocketed that postal order. Called them up and they tried to bullishhh me, but when I had the ref number and stuff they said theyd waive the charge and look into it. Sneaky little so and sos.

 

I then asked about the CCJ because I am just curious now and wanted to know why they send my employer a bill for £5.6k when i only owe them a grand. He muttered about it being because I paid them (wf) directly after the application for attachment of earnings in 2009 so he said there must be a mix up with the balances and hed look into it and call me back. (i guess they are shredding all my documents as i type this :p)

 

But anyway I am ok with work so Im happy, i will pay them off if necessary, although when I work out how much I have already paid them compared to what I borrowed, I will probly suggest we call it quits.

 

 

Im still unsure of how to proceed with the debt management company gettin me a CCJ though... That is surely not on! Does anyone know where I could complain about that?

 

 

Thanks

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yes this is looking very bad for them.

 

i would start by writing a letter invoking their complaints proceedure

the DMC

 

might be an idea to SAR them first. though before you tip them off.

 

i dont think they are allowed to legally deal with a CCJ on your behalf.

 

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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