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    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
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arrow global/bryan carter


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Received court papers from Northampton County Court at weekend. This basically from Carter acting for Global. For weeks they threatened court action but i never replied to their letters as i have had no dealings with them before. However, on receiving these papers now replied back to Carter telling them it will be contested. Also filed a defence on line to the above court. Just waiting now to see what happens.

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Hi, What are the particulars of the claim (POC)?

Basically got letter & court letter last Saturday. Carter claiming I have failed to repay payments that they say i agreed to pay. Funny that as never dealt with them before. Ignored their threateniung letters but now sent reply saying that i will contest claim. Also filed defence on line with court. Other DAs have tried to get me to pay up without any success. Its originally a CAP1 account in which i gave them solutions to resolve the matter. they chose not to & passed it on. Last year or even longer than that i asked CAP1 for original agreement. They could not do this so they sent a reconstituted one instead. I have had a few companies threatening legal action but only BC have carried out this threat. I intend to fight it myself.

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This is a I take a claim issued out of Northampton County Court BCC

and is sealed by the court?

What amount is being claimed?

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This is a I take a claim issued out of Northampton County Court BCC

and is sealed by the court?

What amount is being claimed?

£303 plus £50 solicitor plus £15 court. In second off last letter which i destroyed they actually offered a £4 reduction. I think they really are jokers. As far i as am aware the hearing has to take place nearer to my location than theirs. If what other people have experienced then they probably won't turn up. Can't beleive that the amount involved is actually worth it to them.

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45.1

 

(1) This Section sets out the amounts which, unless the court orders otherwise, are to be allowed in respect of solicitors’ charges in the cases to which this Section applies.

 

(2) This Section applies where –

(a) the only claim is a claim for a specified sum of money where the value of the claim exceeds £25 and –

(i) judgment in default is obtained under rule 12.4(1);

 

(ii) judgment on admission is obtained under rule 14.4(3);

 

(iii) judgment on admission on part of the claim is obtained under rule 14.5(6);

 

(iv) summary judgment is given under Part 24;

 

(v) the court has made an order to strike out(GL) a defence under rule 3.4(2)(a) as disclosing no reasonable grounds for defending the claim; or

 

(vi) rule 45.3 applies;

 

45.3

 

(1) Where –

(a) the only claim is for a specified sum of money; and

 

(b) the defendant pays the money claimed within 14 days after service of particulars of claim on him, together with the fixed commencement costs stated in the claim form,

 

the defendant is not liable for any further costs unless the court orders otherwise.

 

PLEASE ELABORATE AS I AM STILL SCRATCHING MY HEAD ON THE COSTS ISSUE PRIOR TO ANY FORM OF JUDGEMENT

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£303 plus £50 solicitor plus £15 court. In second off last letter which i destroyed they actually offered a £4 reduction. I think they really are jokers. As far i as am aware the hearing has to take place nearer to my location than theirs. If what other people have experienced then they probably won't turn up. Can't beleive that the amount involved is actually worth it to them.

 

There is a large number of these ''small' claims going through Carter at the moment,

the pattern seems to Arrow shifting quite dramatically towards litigation for small amounts.

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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45.1

 

(1) This Section sets out the amounts which, unless the court orders otherwise, are to be allowed in respect of solicitors’ charges in the cases to which this Section applies.

 

(2) This Section applies where –

(a) the only claim is a claim for a specified sum of money where the value of the claim exceeds £25 and –

(i) judgment in default is obtained under rule 12.4(1);

 

(ii) judgment on admission is obtained under rule 14.4(3);

 

(iii) judgment on admission on part of the claim is obtained under rule 14.5(6);

 

(iv) summary judgment is given under Part 24;

 

(v) the court has made an order to strike out(GL) a defence under rule 3.4(2)(a) as disclosing no reasonable grounds for defending the claim; or

 

(vi) rule 45.3 applies;

 

45.3

 

(1) Where –

(a) the only claim is for a specified sum of money; and

 

(b) the defendant pays the money claimed within 14 days after service of particulars of claim on him, together with the fixed commencement costs stated in the claim form,

 

the defendant is not liable for any further costs unless the court orders otherwise.

 

PLEASE ELABORATE AS I AM STILL SCRATCHING MY HEAD ON THE COSTS ISSUE PRIOR TO ANY FORM OF JUDGEMENT

 

 

 

You answered your own question.

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?????????????????

Oh dear Squaddie. I'm starting to shake & tremble. I've come over all hot & bothered. On Sataturday i received 2 "Without Predujice" letters from the big bad wolf(B Carter), still acting on behalf of the wicked witch of the west(Arrow G). The good king of the land(North County Court) has informed them that i have filed a defence claim. BC/AG are not happy bunnies. They now want me to do them a favour & withdraw my defence. They are even prepared to knock £30 off as well. What a super duper deal that is i think not. BC even claims AG have full documentation of the alleged debt & say i should pay AG a fee to get a copy of this documetation. Ha ha ha ha.. Sorry but i can't help laughing. AG can only have reconstituted documentation as i have. They also state that they have a statement of accounts. This is easily obtained from a credit reference file. Now i have to write & tell BC the sad news that my defence still stands & that there is a valid reason for that. I think i've put the wind up them. Shame on me. Thanks for your info Squaddie.

:violin:.

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Squaddie & Brigadier once again thanks for info regards BC/AG. Just received a letter today(monday).

The big bad wolf(BC) has huffed & puffed & has now gone crying back to the wicked witch of the west(AG). They are no longer instructed in this matter & have returned the matter back to their client(AG). No mention of a certain court action or demanding money with menaces. Not even a mention of the balance they had previously quoted. Might even contact court to see if claim has been withdrawn. Hopefully, like all fairytales I am hoping it now has a happy ending. I will keep you posted of any further developments.

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Hi Ganymede and Squaddie, any chance you could elaborate with this Solicitors Charges thing? I am sure this would help the OP and many others here and would be very keen for someone to shed some light on this question regarding the solicitors charges...

 

mrbrooks

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  • 3 weeks later...
barafarear, once a defence is submitted - the opposition have 28 days to advse the court that they will proceed. If they dont, then claim is then stayed until either side apply to reinstate it. The Claimant to continue or the defendant to have the claim struck out.

Hi citizenB. Where does it give the time limits for bringing claims. Arrow global filed a claim against me on 26/7/12 & i think i submitted my claim on the 30th. Received a letter today stating they are now representing themselves(instead of Carter). This letter is dated 31/8 12.

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There are no time limits for bringing claims.

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Hi citizenB. Where does it give the time limits for bringing claims. Arrow global filed a claim against me on 26/7/12 & i think i submitted my claim on the 30th. Received a letter today stating they are now representing themselves(instead of Carter). This letter is dated 31/8 12.

 

 

Sorry, I think I might have lost the plot.

 

What claim are you making against whom ?

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Sorry, I think I might have lost the plot.

 

What claim are you making against whom ?

Sorry citizenB. It should have read my defence was filed on the 30th. I just need to know how long Arrow Global has to pursue with this claim before it elapses.

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It doesnt "elapse"

 

Once you have submitted a defence, the claimant has 28 days in which to confirm to the court if they wish to proceed. If they dont advise the court, then the claim will simply be stayed (put on hold) . Either party has the right to request the stay to be lifted.

 

There have been some reported cases of claims being stayed for over 2 years.

 

IMHO, this is very wrong and indeed in the following judgment .. it quite clearly states that it is an abuse of process to issue a claim and then "park it" withot any intention of taking it further.

 

 

 

 

In Barton Henderson Rasen v Merrett [1993] 1 Lloyd’s Rep 540 Saville J said that it is an abuse of the

court’s process to issue proceedings with no intention of taking the case any further. In

contentious matters the courts exist for the purpose of determining claims. Therefore, starting

a claim with no intention of pursuing it is not using the court’s processes for the purposes

for which they were designed. ‘Parking’ proceedings in an attempt to achieve a settlement

with other defendants justified striking out with indemnity costs in Sodeca SA v NE Investments

Inc. [2002] EWHC 1700 (QB), LTL 27/8/2002.

 

 

credit pt2537

Edited by citizenB

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It doesnt "elapse"

 

Once you have submitted a defence, the claimant has 28 days in which to confirm to the court if they wish to proceed. If they dont advise the court, then the claim will simply be stayed (put on hold) . Either party has the right to request the stay to be lifted

There have been some reported cases of claims being stayed for over 2 years.

 

IMHO, this is very wrong and indeed in the following judgment .. it quite clearly states that it is an abuse of process to issue a claim and then "park it" withot any intention of taking it further.

 

 

 

 

Thanks for that citizen. May contact court to see whats happening

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Once the original 28 days are past, IMHO it is worth telephoning the court at least every 2 or 3 months to ensure that nothing has happened without your knowledge. Simply ask the status of the claim.

 

Note: Your posts were moved from OHWs thread to here (your own) a couple of posts have been unnaproved as they are now no longer relevant :)

Edited by citizenB

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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All sorted now then Kerby? Just post here if you are unsure of anything.

 

Regards

 

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 OTHER

 

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

If you want advice on your Topic please PM me a link to your thread

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In Barton Henderson Rasen v Merrett [1993] 1 Lloyd’s Rep 540 Saville J said that it is an abuse of the

court’s process to issue proceedings with no intention of taking the case any further. In

contentious matters the courts exist for the purpose of determining claims. Therefore, starting

a claim with no intention of pursuing it is not using the court’s processes for the purposes

for which they were designed. ‘Parking’ proceedings in an attempt to achieve a settlement

with other defendants justified striking out with indemnity costs in Sodeca SA v NE Investments

Inc. [2002] EWHC 1700 (QB), LTL 27/8/2002.

 

Blimey CB, that’s useful...

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