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    • I have added their poc in your above post for clarity.   you need to address para 3.    bump point 3 forward down 1 number and add in:   3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .    if mcol is still flaky ….   MCOL is only one way of responding to a claim.  . If you are having problems logging in, or would prefer not to use MCOL,  you can fax, email or post your response to the Court instead.  If you send your response by e mail  please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim defence response” and quote the claim number in the subject field.  . neither by email nor MCOL do you need to inc I confirm that the above facts and statements are true to the best of my knowledge and recollection.
    • you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence. you've been here +6yrs and have numerous court threads and numerous private parking ticket threads  but somehow always seem to screw up one way or anther..   if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .   POC   1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.   2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract).    3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.   4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.   5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).   defence:   1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.   2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.   3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.   4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park.    needs firming up people...   you can file by email if MCOL is playing up still though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,      
    • OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.   Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!   Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.        
    • I’ll get a picture of the signs tomorrow and see where I get ringing the council about the planning. Also how long do I have to get the defence in? I know you said I will have leeway but I can’t have that much.    Thanks  Andrew 
    • now read the letter properly and carefully.... doesn't say WILL anything...   unless you are purposefully buying these in bulk and knowingly doing it their client will not be the least bit interested in you.
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Hi,

 

I just wondered if there are any regulations or guidelines that companies must follow before entering a default with a CRA? I've heard the term default notice but not sure if that's what it relates to or if they have to send one out.

 

DCA sent me a letter saying they bought the debt and a default 'has been placed....' ie they placed the default before even notifying they owned the alleged debt/that I owed any money!

 

Any info gratefully recevied

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Hi, A default notice basically gives the debtor time to remedy

the default if the default is remedied then no default is placed,

if not remedied then a default is placed and the account can be

terminated.

 

The ICO says that a default should usually be placed within 6 months

of the cause of action.

 

If a ''live'' debt is sold the debt purchaser can place a default but this

can be challenged as the ''cause of action'' will most probably be far earlier

than the date they aquired the debt.

 

Please check your credit files to find the status of the debt.

 

Do this and come back here.

Which DCA is this.?


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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hey,

 

Thanks for the fast reply. The DCA is Capquest, they bought it from Orange, previously it went to another DCA. First I heard about it was from a DCA, I have repeatedly contacted Capquest and Orange asking for proof of the alleged debt and have received nothing. The alleged default was in 2009 but Capquest didn't purchase it until 2011. There are currently 9 'default' entries and Capquest are updating this every month.

 

I have never seen proof of the alleged debt despite requesting in writing via recorded delivery (Capquest say Orange have to provide it and they say Capquest do). Surely they cannot claim there is a default when they can't (or won't) prove the debt exists? And surely Capquest should have written to me and said they had purchased and given me a chance to rectify it before registering a default?

 

Thanks for your help

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The entries are jus updates not new defaults.

The mobile phone contract is a service contracrt

and is not covered by the consumer Credit Act.

 

A simple question did you have a contract with

Orange and did you use the service?

If they can show useage and payments then the

debt is enforceable, you can ask for a copy of the

service contract from Caquest and for a copy of the

notice of assignment.


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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I did have a contract with Orange and made payments every month. I cancelled the contract when it ran out and went with another service provider. To my knowledge there was never any outstanding amount owed and I've never been shown any paperwork re the alleged debt. Orange confirmed they sold the debt. I've yet to receive a notice of assignment from Capquest. No doubt they will have one because they did buy a debt from Orange....but as I wasn't advised by Orange that there was an outstanding amount I genuinely think it's an admin error or something. It's a relatively small sum so if I had been advised that I owed something I would have paid it straight away!

 

Regardless of whether the debt exists, do Capquest not have to give a period of notice before issuing the default?

 

Thanks again

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