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    • Hi,   Is anyone able to help with a refund for Pitman courses?   In 2017 I signed up for the Executive PA Diploma and completed a total of 3 modules, due to center opening times and closing at short notice which even saw me turning up at the center when it was closed, due to not being notified it would be shut.   I spent alot of money on this course and have to stress that it has left me in financial difficulty since, I did not complete the course also due to personal circumstances being a carer and having mental health issues. However on some given days I would be notified that the center was shut due to external exams.   Does anyone know about proceeding for a refund, I willing to take it down a legal route.    Please note I have contacted the franchise center and been told I will not be issued a refund by them, however I am due one.   Thanks  
    • Okay I have just started to write a draft to put together as defence:   In The County Court   Claim No: XXXXXXX Between XXXXXXXXXXX (Claimant) -and- XXXXXXXX (Defendant) ____________ DEFENCE ____________ 1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. 2. Based on the deficient Particulars of Claim, it is believed that the claim relates to a purported debt as the result of the issue of a Parking Charge Notice (PCN) to the driver of the vehicle XXXX XXX, parked at XXX. 3. It is admitted that the Defendant was the registered keeper of the vehicle in question, at the time of the alleged issuing of the Parking Charge Notice (PCN). 4. The Particulars of Claim does not state whether they believe the Defendant was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the Particulars of Claim do not meet the requirements of Practice Direction 16 7.5 as there is no mention of anything which specifies how the terms were breached. 5. It is denied that: a) A contract was formed b) There was an agreement to pay a parking charge. c) That there were Terms and Conditions prominently displayed around the site. d) That in addition to the parking charge there was an agreement to pay additional and unspecified additional sums. e)The claimant company fully complied with their obligations within the British Parking Association Code of Practice of which they were member at the time. 6. The Defendant did not enter into any ‘agreement on the charge’, no consideration or communication took place between the parties and therefore no contract was established. 7. The Defendant denies that they would have agreed to pay the original demand of £100 to agree to the alleged contract had the terms and conditions of the contract been properly displayed and accessible. 8. Due to the sparseness of the Particulars of Claim, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct. 9. Further and in the alternative, it is denied that the claimant’s signage set out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.       Statement of Truth: I believe that the facts stated in this Defence are true. Name Signature Date     I need to add that there is no contract with the company, I am unable to confirm terms and conditions as you need to display the permit whilst using facilities on site, the car park in question is free,  the £60 fine was unlawful, the parking company have no proof of loss, they are abuse of process, I wasn't named as being the driver, I have no PCN or any of their solicitor until the claim form came through the post. 
    • scroll up to  ericsbrother post of February 10    a good start.   dx      
    • you have now said twice in posts you have been fined. that shows you haven't been reading up here on private parking claimform threads at all.   use our custom google search box that comes up after you hit our top squares logo.   type in   PCM Claimform.   theN READ as many threads as you can.   you should spot that when people file a defence  its one that has about 3 - 5 simple very basic short lines. and that is one that is applicable to the claimant and the type of parking claim in their poc they are making    you don't file early!!   you have 2 weeks to work this out   post it up here 1st please    
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  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  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . 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 [1 in the count]
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Hi

All i need some help,

 

the bailiffs visited my house with a distress warrant for my ex boyfriend.

 

He no longer lives at my property which i informed them, and they told me unless he pays in full they will enter my property with a locksmith

and I would have to go to the auctioneers with proof at a later date that the goods are mine.

 

They said they have my address as his address so will be breaking in as this is a distress warrant and apparently with this type they have the right to.

 

I have emailed Marstons with a copy of my water bill to show only my name is on it and to tell them he does not live with me.

 

Is there anything more i can do to keep them away as I have a feeling they will be back this week :(

thanks in advance for any help

Lindsey

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Hello and welcome to CAG.

 

I'll move your thread to the bailiffs forum, where I expect the guys will be able to help you. They're very good. :)

 

I'll leave a short term link here for you.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Hi honey bee have you got the link for the new area it's in , I can't find it

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You're posting on it, but I'll have a look. :)

 

HB


Illegitimi non carborundum

 

 

 

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Hello again.

 

If you click on your post in the Welcome forum, you automatically come here to the new forum. for the next couple of days. Here's a link anyway.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?374137-Bailiff-problems-Marstons%283-Viewing%29-nbsp

 

HB


Illegitimi non carborundum

 

 

 

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You can tell them to go away if you have sent proof of non residence, technically they could say they will break in if it is a magistrates court fine, but in reality if they did and no sign of debtor, they would then be on a sticky wicket.

 

If they call whislt you are in you don't have to answer the door, and film them through a letterbiox to capture any threats. A lone woman would be best advised to not open the door to Marstons as they are noted for assaulting debtors then claiming the victim assaulted them.

 

Others will be along with more focused advice soon.


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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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As you have provide proof to them and told him the x does not live there they wont be breaking in

it is not a case of going to the auctioneers to prove anything all he is after is cash and thinks he can intimidate you to pay

 

Not your debt so your goods are safe

 

as above if they do return you can ignore door or tell them where to go

Bailiffs lie so don't believe there dribble


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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If you know where he is you could always tell them!

 

If you don't want to do as above then I would suggest you go to a solicitor - no appointment usually needed - and swear a Statutory Declaration that all property in your home is yours. Although Court fines carry a forced entry provision this is for persisitent offenders and they should have an additional Order allowing them to do this. As brassnecked has pointed they will look rather silly having been told anyway.


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