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    • Particular's of claim for reference only 1. the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account (16 digits) 2. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. 3. The debt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Suggested defence 1. The Defendant contends the particulars of the claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.3 (3) in relation to any particular allegation to which a specific response has not been made. 2. The claimant has not complied with paragraph 3 of the PAPDC (Pre action protocol) failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st of October 2017. It is respectfully requested that the court take this into consideration pursuant 7.1 PAPDC. 3. Paragraph 1 is noted. I have in the past had financial dealings but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification. 4. Paragraph 2 is denied. I have not been served with a default notice pursuant to the consumer credit act 1974. 5. Paragraph 3 is denied. i am unaware of any legal assignment or notice of assignment. A copy of assignment was sent by Overdales solicitors when acknowledgement of receipt of CPR request was received, but this was not the original.   6. Paragraph 4 is denied. Neither the original creditor or the assignee have served notice pursuant to sec86c of the Credit Consumer Act 1974 Notice of Sums in Arrears and therefore prevented from charging interest on debt regulated by the CCA1974. 7. The defendant submitted a request for a copy of the alleged agreement pursuant to s78 CCA 1974. The claimant has acknowledged receipt of request but has failed to comply. The claimant has failed to provide any evidence of balance or Default Notice requested by CPR 31.14 8. It is therefore denied with regards to defendant owing any monies to the claimant. therefore the claimant is put to strict proof to:  a.  Show how the defendant has entered into an agreement with HSBC. b.  Show and evidence the nature of breach and service of a Default notice pursuant to section 87 (1) CCA 1974. c.  Show and quantify how the defendant has reached the amount claimed for. d.  Show how the claimant has the legal right, either under statute or equity  to issue a claim. 8.  As per civil procedure rule 16.5 (4) it is expected claimant prove the allegation that the money is owed. 9.  Until such time the claimant can comply to a section 78 request he is not entitled, while the default continues, to enforce the agreement 10. By reasons of the facts and matters set out above, it is denied that the claimant is entitled to the relief claimed or any relief.     .
    • OK, well rereading the court orders from March, in the cold light of day rather than when knackered late at night, it is quite clear that on 25 June there will only be a preliminary hearing about Laura representing her son.  Nothing more. It's lazy DCBL who haven't read things properly and have stupidly sent their Witness Statement early. Laura & I had already been working on a WS, and here it is.  It needs tweaking now after reading the rubbish that DCBL sent and after all of LFI's comments.  But the "meat" is there. Defendant's WS - version 1.pdf
    • Morning, I purchased a car from Big Motoring World on 10th December 2023 for £14899.00. On the 15th December I had a problem with the auto start stop function of the car in which the car would stop in the middle of the road with a stop start error message. I called the big assist and the car was booked in for February. The BMW was with them for a week and it came back with the auto stop start feature all fine and all error codes cleared on the report from big motoring world. within 5 days I had the same issue. Warning light coming on and the car stopping. I called big assist again and the car was again booked in for an other repair in May. Car was taken back in may, they had the car for a week and returned with the report saying no issue with the auto stop start feature and blamed my driving. Within 5 days of having the car back it broke down again. This time undrivable. I had the rac pick my car up and take to Stephen James BMW for a full diagnostic. The diagnostic came back with the car needing a new fuel system as magnetic swarf was found.  I have sent big motoring world a letter stating all the issues and that under the consumer rights act 2015 I have asked for a replacement vehicle. all reports from Stephen James BMW have been sent over to big motoring world. Big motoring world have come back and said they will respond to my complaint within 14 days for the date of my complaint letter. I am not feeling confident on the response from them, what are my next steps?   Thanks in advance. 
    • That is really good is that a mistake last off "driver doesn't have a licence" I assume that should be keeper? The Court requested me to send the Court and applicant proof of my sons disability from their GP this clearly shows he has Severe Mental Impairement, he is also illiterate.  I naively assumed once the applicant received this that they would drop the claim.  It offends me that Bank has asked the Judge to throw the case out at the preliminary hearing and to make us pay up.
    • Hi, we are looking to get some opinions on weather or not to bother fighting this PCN. This comes from a very big retail park parking where there are restaurants, hotel, amongst other businesses. The parking is free but I suppose there must be a time limit on it that I am not aware of. We were in the area for around 4 hours. Makes us wonder how they deal with people staying in the hotel as the ANPR is on what appears to be a publicly maintained street (where london buses run) which leads to the different parking areas including the hotel.  1 Date of the infringement 26/05/2024 2 Date on the NTK  31/05/2024 3 Date received 07/06/2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  YES 5 Is there any photographic evidence of the event? Entry and exit photos however, based on the photographs we are almost sure the photos are taken on public street. This is the location I believe photos are taken from.  https://maps.app.goo.gl/eii8zSmFFhVZDRpbA 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? UKPA. UK Parking Administration LTD 8. Where exactly [carpark name and town] The Colonnades, Croydon, CR0 4RQ For either option, does it say which appeals body they operate under. British Parking Association (BPA) Thanks in advance for any assistance.  UKPA PCN The Collonades-redacted.pdf
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Pcso powers and name and address


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I was making a return in a well known high st store with a valid receipt.

When the transaction was closing the assistant advised that I would be reimbursed with credit vouchers as that is how I had paid originally.

I said I'd paid by credit card so questioned the receipt.

 

The item was cancelled off the system and taken with the receipt

(which now has the item crossed thru as part of the refund process)

to the manager who delayed matters for about 30mins before appearing to explain as I had paid by credit vouchers I would have to accept cv's.

I explained that I had originally paid by credit card but then exchanged the item for the item I now have

and in the production of the new receipt it was saying i had paid by cvs when in actual fact it was an exchange.

 

After a further delay of at least another 20mins whilst the manager disappeared again I said I couldn't wait any longer

and by mutual agreement with the assistant present said I would find the transaction on the credit card statement and come back.

 

I took the item with me and left my name and telephone no for the manager as he still had the receipt and asked for his name as a reference for my return.

 

It eventually nievely occurred to me that the delays were deliberate so as to involve a pcso....

 

About 15mins later I exited another shop to be confronted by a pcso who wanted a word re fraud!

He had the store detective with him.

 

I spent another 30mins explaining the circumstances , I was accussed of not having a receipt which was apparently the basis for the pcso questioning me.

By this time a runner' was back and forth to the store and he came back with my receipt which showed the items crossed through...

So, it now looks like I have no valid receipt!

 

The pcso eventually let me go on my way, but not before taking my name and address.

Does he have a right to this?

 

If so, what happens to my details within the police system?

 

I intend to go back to the store, but should I also put a complaint in writing or will it make matters worse?

 

I Would really appreciate some advice

Edited by jacobina
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My view on these plastic police is somewhat one sided!

I don't even give my personal details to the official police, least of all some unqualified member of the public in fancy dress who hasn't sworn an oath to the Queen.

 

It's done now, so pointless fretting about it, a complaint to the store manager would be my first action, and if this is a well know high street company then all the better as I doubt they would want bad publicity.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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My view on these plastic police is somewhat one sided!

I don't even give my personal details to the official police, least of all some unqualified member of the public in fancy dress who hasn't sworn an oath to the Queen.

 

It's done now, so pointless fretting about it, a complaint to the store manager would be my first action, and if this is a well know high street company then all the better as I doubt they would want bad publicity.

 

I think that's pretty harsh given the fact they have to do their training like Police Officers do, though the content is different. They do not hold the office of constable so do not need to take an oath, otherwise they would be Police Officers.

 

Anyway, back on topic. I believe your issue should be with the store and its manager not the PCSO. It would have been the managerexplaining the facts to the PCSO who in turn has to act and did so by requiring your name and address. You did the right thing providing your name and address otherwise it could have dragged on a lot longer and ended in them detaining you for the 30 mins until a police officer arrived.

 

If i was you id complain to the stores' head office as the manager appears a joke

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I'd focus on the issue, with the store.

 

I work alongside PCSOs, they were obviously called by the store to assist. They asked you for your details, you cooperated with them and provided them. As previous poster says, you done the right thing. The PCSOs could have detained you (for I believe 30 minutes) and called for a regular PC to attend and take details.

 

Chances are, your details will remain in the PCSOs pocket note book and nothing more will cone of this!

 

Sad that the store treated you like this. I'd definitely concentrate on complaining to head office about this incident.

It never rains but it pours...

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Can we have the name of the store please

 

Marks & Spencer! The store manager has apologised unconditionally and is internally looking into it, however I am going to put this formally in writing to them as it has caused a great deal of stress and I feel very aggrieved. I want to know who is responsible for erroneous information resulting in me being accussed of fraud.....

 

Any other help always gratefully received.

 

JacobinaPcso's

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This isn't an ordinary breach of human rights, this is an M&S breach of human rights!

 

Definitely get this put in writing to them, and don't let it drop until you are satisfied with the outcome.

 

Your local paper might run a story on this too, in your letter of complaint ask for the area managers details, and inform the store manager that if this isn't resolved within 8 weeks you will escalate it to the area manager to deal with.

 

If you have the PCSO's details lodge a formal complaint with whatever station he was working out of.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi

 

Have to agree with Bazooka Boo on this that M&S breached your human rights by the Store Managers Actions who is employed by M&S.

 

1. The Store Manager without informing you accused you of Fraud and would have called the Police who inturn deployed a PCSO to deal with this.

 

2. The Store Manager untilmately works for M&S so M&S are responsible for there employees actions.

 

3. This situation arose due to the incompetence of the M&S Staff that dealt with the Refund Transaction and returned your reciept after the refund with the incorrect information on that reciept. If the reciept had been correctly dealt with as per M&S Refund Policy your issue would never have happened.

 

NOTE: If the refund and the fraud allegation were done at the same store this then raises the issue of the competence of the Management of that store due to two incidents within a short period at the same store and one of those incidents M&S accusing you of fraud due to their complete incompetence.

 

If you are going to complain make sure everything is in writing (always keep a paper trail especially with what they accused you off) and if you do write to the store always CC the document to M&S Head Office and also forward a copy to them.

 

Also ask for copies of the following document:

 

1. Refund Policy and Procedure.

2. M&S Equality Policy and Procedure.

3. Complaint Policy and Procedure.

4. Fraud Policy and Procedure.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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  • 3 weeks later...

thank you all. I have written letters of CEO at M & S and Professional Standards at Essex Police. I have had acknowledgements from both and am waiting for the many questions to both organisations to be answered.

 

Thankyou stu007, I will ask for those documents after I have received the responses. Hadn't thought of that!

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That is a move in the right direction at least, who knows you may even get some gift vouchers from M&S by way of an apology?

Especially if they want to keep it out of the papers.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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