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    • Interesting if you are a virtual citizen of the world (also interesting that they are still considering the UK as protected by EU data protection rules)   https://www.cbs17.com/news/eu-regulator-gets-request-to-approve-oxford-covid-19-vaccine/   "Questions also remain about how well the vaccine protects older people. Only 12% of study participants were over 55 and they were enrolled later, so there hasn’t been enough time to see whether they develop infections at a lower rate than those not given the vaccine. The U.S. Food and Drug Administration says it won’t consider approving the Oxford-AstraZeneca vaccine until data are available from late state research testing the shot in about 30,000 people."   "The EU regulator said it received a request for the vaccine to be greenlighted under an expedited process and that it could be approved by Jan. 29 “provided that the data submitted on the quality, safety and efficacy of the vaccine are sufficiently robust and complete.”"   - I certainly want to read that.
    • Conserve them for what?  What possible use is a vaccine sitting on shelves being 'conserved'?
    • IMO 'equity release' like 'shared ownership', 'Boris Johnson' or 'Jeremy Corbyn', should not be seen or heard, especially on broadcast media, let alone intelligent people giving any serious consideration of letting them anywhere near your life and well-being   - any more than sending your child to child minding services run by boko haram
    • Hi guys,    I have drafted a letter of response to my LBA, would you mind reading it and letting me know if i'm on the right track?   Thanks in advance!   " Ref PCN: **** VRM: **** Contravention Date: 06/10/2020 Issue Date (Posted): 22/10/2020 Date Received: 27/10/2020   Dear VCS,   Please reference correspondence from myself on 16/12/2020, 2/01/2021, 2/01/2021. You are acting illegally in pursuing the above PCN. Previously, I have instructed you to cease your harassment, and unlawful processing of my personal data, yet I have since received a Letter Before Claim.   Your claim has no legal basis due to;   Your non-compliance with the Protection of Freedoms Act 2012 (POFA). Schedule 4 states that the Notice To Keeper (NTK) must be posted to be delivered by the relevant period of 14 days beginning with the day after the contravention. As you are well aware, my NTK was issued 15 days after the contravention and received 21 days after. There was also no mention of the POFA in the NTK received, which leads me to believe that you don’t have, and never did have, any intention of complying with the POFA. You have stated in your NTK that you do not know who the driver was. I have already informed you that I was not the driver at the time of the alleged overstay. There is no legal requirement to identify the driver at the time, and I will not be doing so. Thus, you have not given any evidence to justify the continued storing of my personal data, and the vexatious letters. Your non-compliance with the IPC’s code of practice, and subsequently the Keeper At Date Of Event (KADOE) contract.  The IPC’s code of practice demands that “The Notice to the Keeper must; (m) Be given to be received by the keeper within 14 days beginning the day after the specified period of parking.” In this case, you have not followed the IPC’s code of practice, and thus you are liable to sanctions by the body. As your company has previously been suspended by your trade association, I would have expected you to be more careful moving forward. You have requested my personal data from the DVLA using the KADOE contract. This contract allows you to retrieve keeper data electronically for the “reasonable cause of seeking recovery of unpaid parking charges”. The contract attaches several conditions to the access, including that the parking company seeks recovery in accordance with the Accredited Trade Association Code of Practice. It has been shown that you have not followed IPC’s code of practice, and thus also violated the KADOE contract.  4. You have breached the Data Protection Act 1998 (DPA), by;   Requesting my personal data without following the POFA, IPC’s code of practice, and KADOE contract. Not having any evidence to suggest the keeper was the driver. Despite me informing you that I am not liable and will not be disclosing who was, and requesting that you remove my personal data from your systems, you have refused. Section 10 of the DPA states that in the case where the keeper liability provisions under the Protection of Freedoms Act have not been met, and they have no evidence to suggest the motorist was the driver, then the motorist is entitled to object to any further processing of their data and request it be removed from their systems. As you have continued to send me letters using my personal data, YOU HAVE BREACHED THE DATA PROTECTION ACT. This has caused me significant distress, and has forced me to spend many hours of my time researching my rights, for which according to the DPA I am entitled to compensation.   Moving forward, you have two options:   Option 1 I am inviting you now to immediately stop this unlawful harassment and intimidation, by not sending me any further communication on the matter (apart from confirmation that you will no longer be pursuing this claim), and immediately erasing all of my personal data of which you have obtained unreasonably as per GDPR regulations. These intimidating letters have impacted my mental health, in an incredibly difficult time in my life. I have a history of mental health problems, and currently have severe financial difficulty. These threats have caused me significant distress.  Option 2 If you choose to continue processing my personal data and/or take me to court, I will be seeking to recover compensation for these damages, in addition to a full costs order due to unreasonable behaviour under CPR27.14(2)(g), and compensation for a breach of GDPR and the data protection act.   If you choose to continue with your claim and take me to court, please be advised that I have now submitted a Subject Access Request (SAR), and until such time that this request is fulfilled, I request a restriction of data processing and that the case be put on hold.   The action so far, on your part, is a clear breach of its pre-action obligations set out in the Practice Direction - Pre-Action Conduct, with which you should be familiar. As you must know, the Practice Direction binds all potential litigants, whatever the size or type of the claim. It’s express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time.   Nobody is immune from the requirements and obligations of the Practice Direction.   Whilst the Subject Access Request is being processed by your data protection officer, I also require you to comply with the below obligations and forward the following information/documents:   1. an explanation of the cause of action. 2. whether you are pursuing myself as driver or keeper. 3. whether you are relying on the provisions of Schedule 4 of POFA 2012. 4. what the details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed). 5. a copy of the contract with the landowner under which they assert authority to bring the claim. 6. a copy of any alleged contract with the driver. 7. a plan showing where any signs were displayed. 8. details of the signs displayed (size of sign, size of font, height at which displayed). 9. if they have added anything on to the original charge, what that represents and how it has been calculated. 10. proof that permits were provided in a sufficient amount of time.   I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).   Until you have complied with the above obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for you to issue proceedings. Should you choose to do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and order that this information is provided. To avoid causing me any further distress, or loss of earnings, I would hope that you let me know of your decision at your earliest convenience.   Yours Sincerely, "
    • i'd be putting in Irresponsible lending claims agaisnt those PDL lenders then we have a guide in the PDL general forum stickies at the top.   paying any debt off thats defaulted is just as good as burning the money the default still shows as do CCJ's regardless to payment for 6yrs.    
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Lloyds TSB Bank vs Me....County court claim


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Hi, Ive been frantically reading this site since my wife received a county court claim for her loan. I have logged onto the MCOL site and extended our time to 28 days. I then sent off my CPR 31.14 request to the solicitors and they have now sent back a letter saying

 

' Due to the amount of requests being made our clients have asked that an extension of 14days from the date of this letter is required to disclose the documents requested'

 

My 28 days is up on the 23rd May to enter my defence, has anyone got any ideas of what i should write for this?

 

Many thanks in advance.

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Hi contact the sol dealing with this and agree an extension pursuant to CPR 15.5 and ask for a letter of conformation.You need to inform the Court.Attach a copy of their conformation and then a cover letter from yourself advising that the parties have agreed extension pursuant to CPR 15.5 from the date of the claimants letter dated xxth xxx xxxx to xxth xxxx xxxxx xxxxx (28 days).

 

Regards

 

Andy

We could do with some help from you.

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Thanks Andy, so do I just quote CPR15.5 when asking them for a confirmation letter or is it a form I need to fill in?

 

One other question... The reason my wife and myself want to see these documents is for us to confirm they are all correct, if they supply the documents and we agree that they are correct what do we do in regards to the court and solicitor?

 

Thanks again.

 

 

Hi contact the sol dealing with this and agree an extension pursuant to CPR 15.5 and ask for a letter of conformation.You need to inform the Court.Attach a copy of their conformation and then a cover letter from yourself advising that the parties have agreed extension pursuant to CPR 15.5 from the date of the claimants letter dated xxth xxx xxxx to xxth xxxx xxxxx xxxxx (28 days).

 

Regards

 

Andy

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Yes you need a letter of conformation there is no particular forms. If after disclosure you decide to admit then you simply admit the claim.You have 33 days initially (5 deemed served so 28 14 to AoS ( Acknowledge service) no plea at this stage and then another 14 to submit a defence if that is your intention.With the CPR 15.5 you will have 56 days in all so that should be adequate to be able for them to disclose and you to determine your course of action.

 

Regards

 

Andy

We could do with some help from you.

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You could phone the solicitors and ask for an extension and get email confirmation.

 

At the same time i'd ask when you are likely to get the requested documents.

 

Some great advice in the attachment legal issues-compilation.pdf

 

I'd advise an unless order if they keep dithering.

 

M1

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As time is up on the initial 28 days on the 23rd May then email would be appropriate.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hi, Thanks for advice so far. Its not me asking for the extension its the solicitor asking for 14 days extension, so do I still get them to send an email confirmation and I log both that and my confirmation email on the moneyclaim site before the 23rd May?

 

Thanks for helping out.

 

 

You could phone the solicitors and ask for an extension and get email confirmation.

 

At the same time i'd ask when you are likely to get the requested documents.

 

Some great advice in the attachment [ATTACH]35443[/ATTACH]

 

I'd advise an unless order if they keep dithering.

 

M1

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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I'd still seek the 28 days extension so they don't get sneaky. The delay they are causing takes away time from you to file your defence. You might wish to check the POCs to see who signed the statement of truth and whether the make statements based on those documents and ask them how can x say y when you don't have the documents.

 

The unless order in the pdf i attached could come in very handy.

 

M1

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And applications for "unless orders " can backfire if Council instruct a Barrister to attend the hearing, you lose with costs for the day of 1K upwards.

We could do with some help from you.

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And applications for "unless orders " can backfire if Council instruct a Barrister to attend the hearing, you lose with costs for the day of 1K upwards.

 

 

http://www.bailii.org/ew/cases/EWHC/Comm/2007/642.html

 

" The only proper sanction for a claim improperly brought in the first place, is to strike it out."

 

"In my judgment, when regard is had to these authorities the key question must always be whether or not, at the time of issuing a Writ, the claimant was in a position properly to identify the essence of the tort or breach of contract complained of and if given appropriate time to marshall what it knew, to formulate Particulars of Claim. If the claimant was not in a position to do so, then the claimant could have no present intention of prosecuting proceedings, since it had no known basis for doing so. Whilst therefore the absence of present intention to prosecute proceedings is not enough to constitute an abuse of process, without the additional absence of known valid grounds for a claim, the latter carries with it, as a matter of necessity, the former. If a claimant cannot do that which is necessary to prosecute the claim by setting out the basis of it, even in a rudimentary way, a claimant has no business to issue a Claim Form at all "in the hope that something may turn up"."

 

"In my judgment therefore if Nomura , at the time of issuing its Claim Form, was not in a position to do the minimum necessary to set out the nature of the claim it was making, it would be seeking an illegitimate benefit, namely the prevention of further time running under the Limitation Acts for a claim which it could not properly identify or plead. That would be an abuse of the process of the court. Insofar as it sought to make any claim in contract, it would be necessary for it to be able to identify the particular contract and the alleged breach."

 

 

 

http://www.bailii.org/ew/cases/EWCA/Civ/2008/59.html

 

"If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection. What in such circumstances is the virtue of coyness?"

 

 

 

To my mind it is difficult to see why any Judge would not order disclosure. If the person signing the POCs, which are finished with a statement of truth, says the debtor has breached the terms of the agreement, how can a solicitor (it usually is if it's pursuit of a debt) make that statement, in all honesty, without sight of those terms ?

 

How can the unless order be argued against ?

 

M1

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You won't have any difficulty getting them to give you an extension of time for filing your defence, especially if they have asked for an extension to reply to the Part 31 request. Just make sure you get their confirmation in written form - an email is fine. Whilst the rules do require you to notify the court of an agreed extension of time, no one ever really bothers so it's up to you whether you tell the court or not.

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Whilst the rules do require you to notify the court of an agreed extension of time, no one ever really bothers so it's up to you whether you tell the court or not.

 

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15#IDAUXHCC

 

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

 

 

M1

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Hi,

 

Spoke to the solicitor on the phone this morning and your right they dont do external email, however she agreed over the phone and is sending out a letter to reach me by tomorrow. So IF I recieve this letter do I just scan it and attach it online with my letter? I only have till the 23rd May to do this so if I dont receive the letter what sort of defence should I post.

 

I did ask when Im likely to recieve the documents and she said she had sent them out on Friday and I should recieve them today?, should I post them up here for you guys to see if they have enough info and the correct documents?

 

Thanks for all the advice so far!

Sean

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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On receipt of their conformation attach it to your covering letter requesting 28 days extension pursuant to CPR 15.5, you can email or fax to Northampton but mark it urgent as you are cutting this fine.Then ring Northampton and check they have it.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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OK guys,I received today the letter confirmation for an extension from the solicitor and also everything I requested from the CPR 31.14 this includes a copy of the signed agreement by my wife, a list of all payments and also the date the default notice date... so does this mean I dont have a leg to stand on?? I have to enter my defence by the 23rd ( tomorrow) so does that mean by tonight or have tomorrow to.... I can scan the extension letter and my agreement in the morning if that will help or should I not bother?

 

They have said on one letter they are still willing ot setup a monthly payment plan, will the court setup a fair payment plan based on my wifes income that they will have to agree to?

 

Thanks guys

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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OK guys,I received today the letter confirmation for an extension from the solicitor

 

I have to enter my defence by the 23rd ( tomorrow) so does that mean by tonight or have tomorrow to.... I can scan the extension letter and my agreement in the morning if that will help or should I not bother?

 

You have an agreement to extend. You need to let the court know. This then gives you time to consider a defence or a a time to pay order etc

 

 

so does this mean I dont have a leg to stand on??

 

No idea, depends on what those documents contain. Are they compliant with the regs ? Is it the creditor who is suing etc etc

 

M1

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Thanks mystery1, so will tomorrow, the day I have to have submitted by be ok to enter the extension?

 

Im not sure of the regs, is it worth me scanning and posting all the docs up here for people to look at, feeling a little out of my depth now..

thanks

 

You have an agreement to extend. You need to let the court know. This then gives you time to consider a defence or a a time to pay order etc

 

 

 

 

No idea, depends on what those documents contain. Are they compliant with the regs ? Is it the creditor who is suing etc etc

 

M1

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Thanks mystery1, so will tomorrow, the day I have to have submitted by be ok to enter the extension?

 

 

 

It's not ideal but will be fine.Email followed by a phone call to confirm. They may spout some crap that it's nothing to do with them and it'll take x days to process etc but ultimately, i believe, you will have done all the CPRs required of you.

 

 

Im not sure of the regs, is it worth me scanning and posting all the docs up here for people to look at, feeling a little out of my depth now..

thanks

 

It might help you know if you could have a case but in reality if you don't know too much the courtroom is a dangerous step and ,without help, a step too far. I think you'd need a pro to represent you if you had a case given your lack of knowledge and willingness to concede when you aren't sure it's legally correct (as opposed to a sensible move).

 

M1

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I personally would not attempt to extend a day before a defence is due.Perhaps consider their offer of payment proposal if they agree to discontinue?

It would avoid a CCJ.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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