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    • You can counter a Judges's question on why you didn't respond by pointing out that any company that charges you with stopping at a zebra crossing is likely to be of a criminal mentality and so unlikely to cancel the PCN plus you didn't want to give away any knowledge you had at that time that could allow them to counteract your claim if it went to Court. There are many ways in which you can see off their stupid claim-you will see them in other threads  where our members have been caught by Met at other airports as well as Bristol.  Time and again they take motorists to Court for "NO Stopping" apparently completely forgetting that the have lost doing that because no stopping is prohibitory and cannot form a contract. Yet they keep on issuing PCNs because so many people just pay up . Crazy . You can see what chuckleheads they are when you read their Claim form which is pursuing you as the driver or the keeper. they don't seem to understand that on airport land because of the Bye laws, the keeper is never liable.   
    • luckily like this thread VCS/DCB(L) PCN spycar capture - PAPLOC Now claimform - no Stopping in Restricted Zone - Bristol Airport ***Claim Dismissed*** - Page 4 - Private Land Parking Enforcement - Consumer Action Group although no on the crossing, same applies to you so WS time. there are numerous threads here on pedestrian crossing claimforms by VCS at Bristol and at other airports so use our enhanced google searchbox and find them. really a bad idea to vanish for SIX months and not been have reading up here.....................  
    • Not at all.  The onus is on them to ensure that their invoice respects the provisions of Schedule 4 of the Protection of Freedoms Act 2012 to establish keeper liability.  Which it can't as the area is covered by bye-laws. Spot on. Irrelevant as to whether you entered into a contract with VCS to pay them £100 if you didn't obey what was written on their silly signs. Who cares?  What about their ridiculous generic Particulars of Claim where they deliberately mix up driver and keeper. And where do they mention this?  You haven't shown us anything. Of course you have to prepare a Witness Statement and you'd better get on with it. This is the problem here - you've disappeared for months & months, haven't kept us updated and presumably haven't read other VCS threads.  That needs to change - now. Otherwise you will lose - simple as that. For a start - please upload the court order which fixes the hearing date plus plus where "VCS mentioned my initial defence was generic and clearly copied from the internet".  We're not mind readers.
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Experto/Varde now Arrow/Shoos Claimform - old MBNA card debt


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MBNA send out defaults 2nd class mostly UK Mail and their defaults are mostly wrong, they have been proven I understand in a court case to be sent 2nd UK mail? and in a lot of cases quoting the full amount and not the arrears, the time allowed usually incorrect.

 

sure others will respond for you.

:mad2::-x:jaw::sad:
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was that not in harrison?

 

UKMAIL big S on the env is second class

 

it takes 5 days to enter royal mail

 

then 4 days to be delivered as its S . 2nd class = upto 9days

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Did you not keep the envelope ? When was your DN mailed to you, or did you not receive one at all ?

 

According to robcag in an earlier post - it is irrelevant whether it was sent 1st or 2nd.. the DN was short on service time anyway..

 

Umm, time for submitting a defence.. have you agreed an extension, because you say you received the Claim on 11th October.. when was the issue date !! I think you might have missed the submission date !!

 

Unless you have agreed an extension of time - then the date to submit is 33 days from date of ISSUE.

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The solicitors stated that I had until the 19th November to submit a defence. I have done so by submitting an embaressed defence.

 

No I did not keep the envelope for the default but I do remember it was UK Mail. I received this on the 14th October, date of issue 9th October.

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  • 5 months later...

Received a letter from the court and Arrow. They have now sent a copy of the default notice, claiming the full amount. I understand that this is defective. A copy of the application form, no t@c's, a note that they are unaware of any proof of postage required for when the debt is sold to another lender and that is that.

 

Have been asked by the court to submit a defence by 29th April if I have any issues with what they have supplied.

 

Any quick advice would be great, especially regarding there default notices, application form and so on.

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Ok, well the DN is definitely defective - they can only ask for genuine arrears.

 

I will alert andyorch re your defence.

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A further defence is only required if you have issues with what they have disclosed Roy.

 

Perhaps scan in( less any identifiable data) for posters to view and comment.

 

Regards

 

Andy

We could do with some help from you.

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This is the default notice and application form. I orginally submitted an embarressed defence. Does this mean I have to amend this. Had no t&c's or anything else. The amount in the default notice was the full balance. I read somewhere they can ask for full amount after 6 months, which this is for.

mbnafullbof.pdf

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They can only ask for genuine arrears in a Default Notice.

 

In the terms and conditions - is there a clause 8f which they refer to in the DN ?

 

If they wish to call in the whole outstanding balance, then they have to proceed in a different manner. They tried this in Harrison v Link. They suggested that they would be able to simply request the full amount.

 

The Judge disagreed with them, having gone down the default method of s87(1) then that is the route they had to go. They couldn't "change horses midstream" so to speak.

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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

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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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Received a letter from the court and Arrow. They have now sent a copy of the default notice, claiming the full amount. I understand that this is defective. A copy of the application form, no t@c's, a note that they are unaware of any proof of postage required for when the debt is sold to another lender and that is that.

 

Have been asked by the court to submit a defence by 29th April if I have any issues with what they have supplied.

 

Any quick advice would be great, especially regarding there default notices, application form and so on.

 

So you have been advised to submit a supplementary defence by the 29th April, based on information you might have been supplied with AFTER the original defence was submitted, yes ? I don't know whether you would need to do this by way of a Witness statement or not. You will need to wait for andyorch/donkeyB to comment on this.

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Uploading documents to CAG ** Instructions **

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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.

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You dont use a form if its the DJs Direction...simply file and serve on the defendant.You wont get costs for submitting a particularised defence.

 

Regards

 

Andy

 

PS You need to switch off your caps lock.

We could do with some help from you.

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You dont use a form if its the DJs Direction...simply file and serve on the defendant.You wont get costs for submitting a particularised defence.

 

Regards

 

Andy

 

PS You need to switch off your caps lock.

 

Off!.

 

So I just fill out in the standard format Me V Arrow Global and so on. Do I title it witness statement.

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Yes and no....you have to submit it manually as opposed to the one you did on MCOL so it requires an header /Court name/Claim number and headed as as Particularised Defence and finish with a statement of truth.

 

Its not a Witness Statement...that comes further into the process.

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

 

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  • 1 month later...

My defense went in as ordered by the court. The judge then ordered Arrow to submit a defense too. The deadline for this to be in was almost three weeks ago and neither the court nor myself have been served with anything. The court now has asked me to write to them. Can anyone suggest a letter and can I now get this struck out on the basis that they have failed to comply with a court order. (Can I get costs too?)

 

Want to get this in asap.

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Will leave a message for andyorch for you.

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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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Roy, I asked andyorch what you would need to do.. could you please advise whether there was a General Order from the court as asked below..

 

 

recent changes to the CPR has tightened the sanctions for not complying with orders...I would of assumed that the Court could do it of their own initiative....was there a General Order issued containing the above order with further info on none compliance?

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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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I sent an embdaressed defense. They then ordered Arrow to send the default notice, and credit agreement over to me. When received I was ordered to submit a new defense which I did. They then asked Arrow to send in one. This has never been done.

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I think you misunderstand.. you said the court has asked you to write to them.. Did they say this to you on the telephone or have they sent you a letter (General Order) from the court asking to you do this.

 

If so, can you let us know exactly what was on the General Order.

 

Also, you had a letter advising that you had to send a defence, AG had to send you a default Notice and they also had to send a defence as well. That would have been conveyed to you on a General Order. Did it say there would be any penalty for non compliance ?

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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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Righto.. so no sanctions.

 

In which case I imagine the court is asking you to either write or make an application to have the claim against you struck out as the opposition have not complied with a court order.

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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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