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    • You will probably get a couple more reminders followed by further demands fro unregulated debt collectors with even increasing amounts to pay. They are all designed to scare you into paying.  Don't. It's a scam site and they do not know who was driving and they know the keeper is not liable to pay the PCN. Also the shop was closed so they have no legitimate interest in keeping the car park clear. So to charge £100 is a penalty as there is no legitimate interest which means that the case would be thrown out if it went to Court.  Keep your money in your wallet and be prepared to ignore all their letters and threats. Doubtful they would go to Court since a lot more people would not pay when they heard  MET lost in Court. However they may just send you a Letter of Claim to test your resolve.  If yoy get one of those, come back to us and we will advise a snotty letter to send them.  You probably already have, but take a look through some of our past Met PCNs to see how they are doing.
    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
    • hi all just got the reminder letter, I have attached it and also the 2nd side of the original 1st pcn (i just saw the edit above) Look forward to your advice Thanks   PCN final reminder.pdf pcn original side 2.pdf
    • The airline said it was offering to pay $10,000 to those who sustained minor injuries.View the full article
    • The Senate Finance Committee wants answers from BMW over its use of banned Chinese components by 21 June.View the full article
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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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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DCA with default CCJ


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You will be a ... Litigant in Person...

 

not a litigator in person :)

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Statement of Truth

 

I believe the facts stated in this Witness Statement are true

 

signature

 

Dated

 

This is how you make a statement of truth.

 

Here are some guidance notes for Witness statements.

 

Guidance Notes on Witness Statements.pdf

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

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

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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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I'm stuck!! I need to put reasons as to why I might be allowed to defend if set-aside. Can I entitle it differently than "statement" I don't know any of it is true for sure other than I did not get ANY of the pre-action bumpf or the claim pack. That in itself does not demonstrate a defense. I'm not in a position to file a defense proper as yet. Perhaps "position statement"?

Edited by Learnerlitigator
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I don't see how you can defend until you know more about the debt.

 

The only drawback would be if there was a debt that was yours and everything was correctly done other than contacting you prior

to the Court case to give you a chance to pay it off.

 

However that would seem unlikely in light of the fact that they did not claim the full debt.

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I don't see how you can defend until you know more about the debt.

 

I know but that's the situation I am in presently. I can't actually defend but have to show that I could defend successfully. If I just say I didn't get the claim pack the court can just refuse the application. It's this discretion business I guess it's a DJ lottery, at least if I have shown some effort and raised valid concerns I've got some chance. (maybe) There isn't very much material or advice on the process of successful set-asides. I really need solid advice as to whether I've done as much as I can. Otherwise I'll have to send it as it is and hope for the best :violin:.

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I've reworked the statement and post here.

 

Looks fine, but change assignation to ASSIGNMENT, assignation has an entirely different meaning:madgrin:

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Is this still wholly arguable or have they been amended too?

I mention it because often we are told we can not see the assignment proper, or is the deed of assignment detailing the financial arrangement between OC and DCA a different document?

 

Brigadier I can't get the vision of DCA's on assignations cottaging rather than canvassing, am I beyond help?

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Yes totally different the assignment between bank and debt purchaser is the fianancial sale of the debts.

 

The assingment notice NOA sent by the debt seller to the debtor is the NOA (not the deed/contract of sale.

 

As to your last questions YES (are you George Michael):madgrin:

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George who? :wink::lol::lol:

 

Bet there aren't many such notices that conform then, but doubt a judge would care much on that point.

 

196. Regulations respecting notices. (4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [by the postal operator (within the meaning of the Postal Services Act 2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

 

For the assignment of a debt to be effective and so giving the Claimant a right of action a valid Notice of Assignment must have been sufficiently served on me using a registered postal service pursuant to s196(4) before proceedings were commenced. The Claimant is put to strict proof that any notice of

assignment was sufficiently served on me before proceedings were commenced. Without this proof, the Claimant has no right of action.

 

Seems only we on the blunt end waste money on recording our mail.

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Check if it's an unrecorded search or a Debt Collection/Outstanding Debt Search. ur indicates tracing the others that they are certain they have the right person.

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So they are still unsure, await the can you confim you are you letter.

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Well I am shocked and stunned! Crapquest have now defaulted on both my CCA request and DSAR request which they received on September 3rd.

 

Do I now register an official complaint with their complaints department or simply report them to the relevant bodies?

 

I guess I can now tell them to cease and desist processing my data and provide me with evidence that it has been destroyed in the proper manner although I wouldn't trust them to comply.

 

Advise please guys.

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Well I am shocked and stunned! Crapquest have now defaulted on both my CCA request and DSAR request which they received on September 3rd.

 

Do I now register an official complaint with their complaints department or simply report them to the relevant bodies?

 

I guess I can now tell them to cease and desist processing my data and provide me with evidence that it has been destroyed in the proper manner although I wouldn't trust them to comply.

 

Advise please guys.

DSAR 40days not quite there yet

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