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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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TBI Claimform - Old HFC Loan


gust
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I had letters from TBI demanding money for a debt..

 

i didnt know about anything CCA or how they should handle things

 

i filled in a form to say how much income i can spare and sent it back

 

they sent me a card to pay using paypoint and i have done a couple of payments

 

is there any way i can stop paying them as i didnt see any CCA forms off them as i was a bit niave

 

glad i came here so far!...

 

any help please?

 

thanks

If i help feel free to click star on my post. cheers

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What was the debt Gust ?

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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from a loan a few years ago

 

got behind from bank charges etc... and it got messy

 

i aint paid it for about 3 yrs

If i help feel free to click star on my post. cheers

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Did you apply online ?

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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nope

 

it was from a high street loan company which is a "sister" company to another bank

(lower demographics for people with bad credit and high interest type...)

If i help feel free to click star on my post. cheers

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Hi,

 

Send the CCA request, letter 'N' in the library, with a £1 postal Order, recorded and don't sign the letter.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

If they don't comply within 12 + 2 days, you can then stall on payments.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Dca.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

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ok

 

will send this letter

 

i have capquest and lowell/red DCA on my back too

 

i should send them this letter too then probably?

If i help feel free to click star on my post. cheers

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ok

 

 

 

i have capquest and lowell/red DCA on my back too

 

i should send them this letter too then probably?

 

Yes, best thing to do is start a new thread in this Forum for your each of your other debt's, makes it easier for people to help you.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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ok..

 

TBI replied....

 

"i write with reference to the above agreement and further to your letter dated XX/XX/200X, the contents have been noted.

 

Be advised that a copy of the original loan agreement was requested from XXX Bank following receipt of your payment alternative form in this office on the XX of XX 200X and have today contacted the bank requesting that they forward said documentation to me.

 

Due to the age of the account, the agreement needs to be recovered from thier archive and it is hoped this will be recieved in the next week or two.

 

TBI financial Services LTD do not make a charge for providing said documentation and i have therefore returned the £1.00 postal order for you to get a refund from the Post Office....

 

 

 

they have about a week to comply to the 12+2 days.....

 

what now?

 

thanks

If i help feel free to click star on my post. cheers

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ok

 

thanks

 

so what if they cannot produce the CCA?

 

so what can i do if they do produce the CCA?

 

 

thanks

If i help feel free to click star on my post. cheers

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sent capquest letter template as below

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above

reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt

being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection

Guidance which states that it unfair to send demands for payment to an

individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it

is unfair to pursue third parties for payment when they are not

liable. In not ceasing collection activity whilst investigating a

reasonably queried or disputed debt you are using deceptive/and or

unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been

settled or are disputed and continuing to make unjustified demands for

payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above

account unless you can provide evidence as to my/our liability for the

debt in question.

 

I/we await your written confirmation that this matter is now closed.

Otherwise I will have no option but to make a complaint to the trading

standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

 

 

capquest replied,

 

Their letter back seemed to ignore my letter and tell me about pre-litigation and valid checks etc.. (what ever this all means!)

threatening me with bailiffs and a walking possession agreement..

also court action....

 

THEN another letter came - they replied to the above letter ASKING ME TO SEND THEM ID - driving licence etc AND where i lived at a specific date......

 

 

I was advised DO NOT send them ID. they cannot ask of this...

 

I failed to send the first letter recorded so i RESENT it recorded for proof purposes...

 

 

I have had back TWO letters...

 

i will have to type these out here when i get home, but one of them is saying sorry, and they are looking into it... (with a page about complaining to the OFT)

 

The other says in short did i live at 12 example road, example town, EX2 r43.. (changed obviously.. )

 

looks like letter N is needed here too?

 

it is worded that if i deny living at the address they have given for my "previous address" i will be off the hook?? they say account on hold for 21 days UNTIL I REPLY....

 

what next? thanks

(i can type the whole letters here if it will assist....)

 

cheers

 

 

If i help feel free to click star on my post. cheers

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ok.... i will scan IF they send one

 

cheers

 

And that's a BIG 'IF' ;)

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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TBI have PAST the 12+2 day cut off.....

 

so what now? just sit and wait?

 

 

 

i have JUST checked my credit report and i have a DEFAULT under the name of TBI..

 

would this be from them or the previous "owner"???

Edited by gust

If i help feel free to click star on my post. cheers

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DCA's usually enter a default when the buy the account, but there shouldn't be more than one for the same debt.

 

I would wait until they contact you again and fire this back at them. It's up to you really because you could send it now if you wanted as they are in default of your request;

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

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  • 1 month later...

I notice in one of the posts TBI (ken Edgar MD) dont charge for a CCA. I sent a tenner for SAR didnt recieve CCA/Aplication he then said I have to send £1 to get it, tightwad (oh I didnt send it;))

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer 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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  • 5 months later...
  • 3 weeks later...

my last letter for the CCA request was back in january..... so i think they have passed the 14+2 days now!

 

They placed a default on the account when they bought/assigned themselves to this debt...

 

would it worth contacting these people to remove the default from my credit file? and if possible i could use a template if anyone has one

 

thanks

If i help feel free to click star on my post. cheers

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