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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (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; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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mbna/virgin card debt - drydens/arrows/restons discounts offer - now got claim form - help!!


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andy is away for a few days.

 

pestons do do court, but when fronted they usually fold.

 

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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  • 3 months later...

Hi all ,I have received a "Notice of Transfer of Proceedings" .The claim has been transferred to xxxxx County Court the claimants application to strike out the defence and Summary Judgement be entered.

Is this simply a notice that it will be moved or do I need to do anything urgently and within a time frame,as the letter was dated 2/6/13 and I have only just got it:oops:

Thanks Lutin:?:

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Summary judgment (SJ) decides a claim on one or more issues in the claim without trial lutin.A SJ can be granted where the defendant has 'no real prospect' of defending the claim at trial and there is no other compelling reason not to grant it. Fixed costs are provided in relation to SJ but the court can order costs to be assessed.

Generally SJ applications are made after service of the acknowledgement of service and the defence. They may be made earlier with the court's permission.

 

The court may refuse to give SJ but may make other types of orders such as a conditional order.

 

A summary judgment application may be based on a point of law or a question of fact or a combination. The CPR sets out the rules determining when an application can be made by a claimant, it does not expressly provide for when a defendant can make such an application.

Summary judgment and strike out applications require various documents and a court fee to be filed at court. The CPR sets out what these documents should contain. There is a specific timetable that must be adhered to, to ensure parties have sufficient time to prepare for the hearing.

 

You now need a copy of the Claimants application Notice N244 and any supporting WS...you then need to submit your own WS (not less than 7 days pre hearing) listing the reasons the application should be refused and why your defence does carry merit in order for the claim to proceed to trial.

 

Regards

 

Andy

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Contact the Court or the claimants sols...the court may charge a small fee.

We could do with some help from you.

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Scan a copy up once in receipt lutin then you need to prepare your response not less than 7 pre hearing.

 

Regards

 

Andy

We could do with some help from you.

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  • 5 weeks later...

Hi hope everyone is well and feeling good after a great month of sun:-)...

 

Hopefully I will have attached my n244 and WS.

Having looked at the WS section 4 it states that the copy of the agreement is slightly difficult to read and I would agree, as I can't make out a good paragraph or 2,surely any true copy of their agreement should be legible.

Also on the reverse of the true copy there is no heading,"Credit Agreement regulated by the Consumer Credit Act 1974 terms and conditions",as there is on the reconstituted copy.

On both the true copy and reconstituted copy the terms and conditions only go up to section 3b,however an additional number of conditions 4 to 19 are on separate pages.

These are my naieve observations and I really do apologise if they sound stupid.

Cheers Lutin

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  • 3 weeks later...

Right i am going to put a without prej save as to costs offer in ,whilst sorting defence WS.

The WS will be sent 7 days prior to hearing to court and Pestons.

WS to follow on CAG if my daughters old computer lets me,it has crashed twice whilst doing it grrr:x

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Please shoot me down in flames,mistakes and ignorance are better dealt with now.cheers lutin:oops:

Witness Statement

1 This statement is made in opposition to the Claimants application for summary judgement and by which the Claimant contends that I have no real prospect of successfully defending the claim made against myself.

 

2The claim in this action is for monies outstanding under a Virgin branded credit card facilty regulated by the Consumer Credit Act 1974,which I believe does NOT comply with this Act.

 

3 I filed a defence whereby I put the Claimant under strict proof as to how i entered this Agreement.No response was received.Prior to this had made 2 requests under CPR 31.14 for the disclosure of the documents relied on in their particulars of claim.The first request was on the22/10/13 which the claimants failed to accept as it was unsigned.the second,24/10/12 of which was not responded to even though it was signed.I believe the spirit upon which CPR rely

means that they should have responded to my requests,especially as i am a LIP(see T1 and T2)

 

4 I am in agreement that”LT 1” the true copy of the agreement is difficult to read and not legible and as such would make the agreement unenforcable in a court of law as specified in the case ???????.

On the reconstituted copy which is legible the front of the copy has nothing to tie it to the back,and even contradicts what the claimant states that these were the terms and conditions related to the front of said Agreement as has vir 04/04 on the signature side and ver 02/04 on the alleged reverse.Therefore there is no proof the terms and conditions relate to the signed document and therefore does not conform to the Consumer Credit Act 1974 which states that the terms and conditions must be embodied in the agreement.

 

5 As described in no.4 the terms and conditions were not embodied in the Agreement therefore the Claimants chances of enforcement of the Agreemnt will be realistically challenged.

 

6 At no time has the Claimant proven a notice of assignment has been sent,merely an alleged copy.

 

7 As a LIP and not au fait at the time with default notices I would not have known the difference between a notice of default and a Default Notice.No proof of a default notice being delivered.

 

8 ?

 

9?

10?

 

11 I did not respond to letter LT 6 as a LIP I was unaware that i should have responded.

 

12 I believe that i have a real prospect of winning this case due to the illegible Agreement and terms and conditions which are not contained within the alleged Agreement

13????

 

14 In these circumstances the court is invited to conclude that there are reasonable grounds to supposethat i will be able to successfully defend the claimants claim and that the Claimants application for summary judgement against me be dismissed….new allegations and evidence?????????

Signed lutin

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Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557).

 

Regulation 2 states:

 

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

Regards

 

Andy

We could do with some help from you.

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Witness Statement

1 This statement is made in opposition to the Claimants application for summary judgement and by which the Claimant contends that I have no real prospect of successfully defending the claim made against myself.

 

2The claim in this action is for monies outstanding under a Virgin branded credit card facilty regulated by the Consumer Credit Act 1974,which I believe does NOT comply with this Act.

 

3 I filed a defence whereby I put the Claimant under strict proof as to how i entered this Agreement.No response was received.Prior to this had made 2 requests under CPR 31.14 for the disclosure of the documents relied on in their particulars of claim.The first request was on the22/10/13 which the claimants failed to accept as it was unsigned.the second,24/10/12 of which was not responded to even though it was signed.I believe the spirit upon which CPR rely

means that they should have responded to my requests,especially as i am a LIP(see T1 and T2)

 

4 I am in agreement that”LT 1” the true copy of the agreement is difficult to read and not legible and as such would make the agreement unenforcable in a court of law as specified in The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557).

 

Regulation 2 states:

 

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signaturelink3.gif, be easily legible and of a colour which is readily distinguishable from the .

 

On the reconstituted copy which is legible ,the front of the copy has nothing to tie it to the back,and even contradicts what the claimant states that these were the terms and conditions related to the front of said Agreement as it has vir 04/04 on the signaturelink3.gif side and ver 02/04 on the alleged reverse.Therefore there is no proof the terms and conditions relate to the signed document and therefore does not conform to the Consumer Credit Act 1974 which states that the terms and conditions must be embodied in the four corners of the Agreement.

 

5 As described in no.4 the terms and conditions were not embodied in the Agreement therefore the Claimants chances of enforcement of the Agreemnt will be realistically challenged.

 

6 At no time has the Claimant proven a notice of assignment has been sent,merely an alleged copy.

 

7 As a LIP and not au fait at the time with default notices I would not have known the difference between a notice of default and a Default Notice.No proof of a default notice being delivered.

 

8 ?

 

9?

10?

 

11 I did not respond to letter LT 6 as a LIP I was unaware that i should have responded.

 

12 I believe that i have a real prospect of winning this case due to the illegible Agreement and terms and conditions which are not contained within the alleged Agreement

13????

 

14 In these circumstances the court is invited to conclude that there are reasonable grounds to suppose that i will be able to successfully defend the claimants claim and that the Claimants application for summary judgement against me be dismissedlink3.gif….new allegations and evidence?????????

Signed lutin

Cheers Andy appreciate your time,especially with novices such as myself :-)

I will do some more reading and put more body into the W.S,it has to be done by the 10/9/13.

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I would lose 12 or rephrase it

We could do with some help from you.

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icon1.png Re: mbna/virgin card debt - drydens/arrows/restons discounts offer - now got claim form - help!!

Witness Statement

1 This statement is made in opposition to the Claimants application for summary judgement and by which the Claimant contends that I have no real prospect of successfully defending the claim made against myself.

 

2The claim in this action is for monies outstanding under a Virgin branded credit card facilty regulated by the Consumer Credit Act 1974,which I believe does NOT comply with this Act.

 

3 I filed a defence whereby I put the Claimant under strict proof as to how i entered this Agreement.No response was received.Prior to this had made 2 requests under CPR 31.14 for the disclosure of the documents relied on in their particulars of claim.The first request was on the22/10/13 which the claimants failed to accept as it was unsigned.the second,24/10/12 of which was not responded to even though it was signed.I believe the spirit upon which CPR rely

means that they should have responded to my requests,especially as i am a LIP(see T1 and T2)

 

4 I am in agreement that”LT 1” the true copy of the agreement is difficult to read and not legible and as such would make the agreement unenforcable in a court of law as specified in The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557).

 

Regulation 2 states:

 

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any
signature
link3.gif
, be easily legible and of a colour which is readily distinguishable from the
.

 

On the reconstituted copy which is legible ,the front of the copy has nothing to tie it to the back,and even contradicts what the claimant states that these were the terms and conditions related to the front of said Agreement as it has vir 04/04 on the
signature
link3.gif
side and ver 02/04 on the alleged reverse.Therefore there is no proof the terms and conditions relate to the signed document and therefore does not conform to the Consumer Credit Act 1974 which states that the terms and conditions must be embodied in the four corners of the Agreement.

 

5 As described in no.4 the terms and conditions were not embodied in the Agreement therefore the Claimants chances of enforcement of the Agreemnt will be realistically challenged.

 

6 At no time has the Claimant proven a notice of assignment has been sent,merely an alleged copy.

 

7 As a LIP and not au fait at the time with default notices I would not have known the difference between a notice of default and a Default Notice.No proof of a default notice being delivered.

 

8 ?

 

9?

10?

 

11 I did not respond to letter LT 6 as a LIP I was unaware that i should have responded.

12 got rid of and re numbered

 

12 In these circumstances the court is invited to conclude that there are reasonable grounds to suppose that i will be able to successfully defend the claimants claim and that the Claimants application for summary judgement against me be
dismissed
link3.gif
….new allegations and evidence?????????

Signed lutin

Thanks

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Here goes I have done some more work and every time I look I see more on the agreement:!:

 

Witness Statement

1 This statement is made in opposition to the Claimants application for summary judgement and by which the Claimant contends that I have no real prospect of successfully defending the claim made against myself.

 

2The claim in this action is for monies outstanding under a Virgin branded credit card facilty regulated by the Consumer Credit Act 1974,which I believe does NOT comply with this Act.

 

3 I filed a defence whereby I put the Claimant under strict proof as to how I entered this Agreement. No response was received. Prior to this I had made 2 requests under CPR 31.14 for the disclosure of the documents relied on in their particulars of claim. The first request was on the 22/10/12 which the claimants failed to accept as it was unsigned. The second,24/10/12 which was not responded to even though it was signed.I believe the spirit upon which CPR rely means that they should have responded to my requests,especially as i am a LIP(see T1 and T2)

 

4 I am in agreement that”LT 1” the true copy of the agreement is difficult to read and not legible and as such would make the agreement unenforcable in a court of law as specified in The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557).

 

Regulation 2 states:

 

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

On the front of the agreement there is a box with words that are completely illegible,not slightly difficult to read.

On the true copy there are parts of the agreement missing ;on the alleged reverse side(1e) there is a paragraph missing after the words ”we will not charge interest” and the next labelling for the agreement is (1h). I would like to know if the claimant agrees that there are parts of the agreement missing ie 1F and 1G or the words “ we will not charge interest” are correct?

 

Also on the true copy (reverse) it is not headed “Credit agreement regulated by the Consumer Credit Act 1974 terms and conditions as required for a credit agreement to conform to said act.

 

 

On the reconstituted copy which is legible ,the front of the copy has nothing to tie it to the back,and even contradicts what the claimant states that these were the terms and conditions related to the front of said Agreement as it has vir 04/04 on the signature] side and ver 02/04 on the alleged reverse. Therefore there is no proof the terms and conditions relate to the signed document and therefore does not conform to the Consumer Credit Act 1974 which states that the terms and conditions must be embodied in the four corners of the Agreement.

 

5 As described in no.4 the terms and conditions were not embodied in the Agreement therefore the Claimants chances of enforcement of the Agreement will be realistically challenged.

 

6 At no time has the Claimant proven a notice of assignment has been sent,merely an alleged copy.In the OFT guidance notes for business on the Consumer Credit Act section 2.12 it recommends retaining proof of postage.

 

7 As a LIP and not au fait at the time with default notices

 

8 Noted

 

9 It is not agreed that a Notice ofAssignment was sent by the Claimants “sophisticated” computer system and the claimant is put on strict proof that one was sent, a receipt from the Post Office or something as simple would suffice.

 

10 Default notice?????????????????????????????????????????

 

11 I did not respond to letter LT 6 as a LIP I was unaware that I should haveresponded.

 

12 In these circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the claimants claim and that the Claimants application for summary judgement against me be dismissed

 

Signed lutin

Edited by lutin
funny text - sorted out funny text :lol:made a cock up
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Lutin, when do you need to respond to their application by ?

 

Without a copy of the Default Notice proper, you are unable to see if the copy that MBNA (Restons) say was sent, was actually valid.

 

MBNA had a nasty habit of not providing for the mandatory remedy period of 14 days and/or would demand the full balance instead of arrears only.

 

You do not know if the DN contained penalty charges, as these would NOT be arrears and should not form part of the DN.

 

You do not know if the OFT sheet which is required to be included, was indeed enclosed.

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Thanks for looking in CB.

The date for the hearing for SJ is 20/9/13..but I need to furnish Pestons with my defence by the 13/09/13 giving them 7 days .

Thanks for pointing out about the DN I will look at what they have sent including the envelope,I don't understand the significance of the DN even having read 50000 posts.

Again thanks :???:

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Andyorch would you take a look at my w.s it needs to be in today,am getting very worried.sorry to pressure you.

 

 

Witness Statement

 

1. This statement is made in opposition to the Claimants application for summary judgement and by which the Claimant contends that I have no real prospect of successfully defending the claim made against myself.

 

 

2. The claim in this action is for monies outstanding under a Virgin branded credit card facilty regulated by the Consumer Credit Act 1974,which I believe does NOT comply with this Act.

 

3. I filed a defence whereby I put the Claimant under strict proof as to how I entered this Agreement. No response was received. Prior to this I had made 2 requests under CPR 31.14 for the disclosure of the documents relied on in their particulars of claim. The first request was on the 22/10/12 which the claimants failed to accept as it was unsigned. The second,24/10/12 which was not responded to even though it was signed. I believe the spirit upon which CPR rely means that they should have responded to my requests, especially as i am a LIP(see T1 and T2)

 

4. I am NOT in agreement that ”xx” the true copy of theagreement Is slightly difficult to read. I contend that it is not legible and as such would make the agreement unenforcable in a court of law as specified in The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations1983 (SI 1983/1557).

 

Regulation 2 states:

 

 

2 Legibility of notices and copy documents and wording ofprescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature,be easily legible and of a colour which is readily distinguishable from the.

 

On the front of the agreement there is a box with words that are completely illegible, not slightly difficult to read.

 

On the true copy there are parts of the agreement missing; on the alleged reverse side (1e) there is a paragraph missing after the words ”wewill not charge interest” and the next labelling for the agreement is (1h). I would like to know if the claimant agrees that there are parts of the agreement missing ie 1F and 1G or the words “ we will not charge interest” are correct?

 

Also on the true copy (reverse) it is not headed “Credit agreement regulated by the Consumer Credit Act 1974 terms and conditions as required for a credit agreement to conform to said act.

 

 

On the reconstituted copy which is barely legible ,the front of the copy has nothing to tie it to the back,and even contradicts what the claimant states that these were the terms and conditions related to the front of said Agreement, as it has vir 04/04 on the signature side and ver 02/04 on the alleged reverse. Therefore there is no proof the terms and conditions relate to the signed document and therefore does not conform to the Consumer Credit Act 1974 which states that the terms and conditions must be embodied in the four corners of the Agreement.

 

 

5. As described in no.4 the terms and conditions were not embodied in the Agreement therefore the Claimants chances of enforcement of the Agreement will be realistically challenged.

 

6. At no time has the Claimant proven a notice of assignment has been sent,merely an alleged copy. In the OFT guidance notes for business on the Consumer Credit Act section 2.12 it recommends retaining proof of postage.

 

7. As a LIP I was not conversant at the time with default notices

 

8. The amount £12,6 is different to the amount £12,2 which is what is listed in their alleged default notice.

 

 

 

9. It is not agreed that a Notice of Assignment was sent by the Claimants “sophisticated” computer system and the claimant is put on strict proof that one was sent, a proof of postage ,and delivery confirmation from the Post Office or something as simple would suffice.

 

 

 

10. I do not agree with the amounts on their copy of a default notice as this would include penalty charges which should not be included in default notices.

 

I put the claimants to strict proof that the default notice was sent and delivered and no proof,such as post office proof of posting and delivery confirmation has been forthcoming.

 

I have not received the O.F.T guidelines on default notices

 

 

11. I did not respond to letter xx as a LIP I was unaware at that time that I should have responded.

 

 

12. In these circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the claimants claim and that the Claimants application for summary judgement against me be dismissed

Edited by citizenB
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