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    • Hi.   Please don't hijack this thread, it's for advising the OP.   The best thing is to start a new thread of your own and then we'll advise you.   HB
    • Hey Andy, Dx,   With the deadline approaching to enter this defence i have amended as best i can. Can either of you help with it or point me in the direction of a similar case so i can get some ideas for myself? Or is the below ok? Considering i could of nearly perjured myself i would really appreciate it if you guys could take a look.   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    Defence   1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.     3. Paragraph 1 is noted. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is noted.   5. Paragraph 3 is noted.   6. Paragraph 4 is noted.   7. Paragraph 5 is noted. As i can't recall entering in to this financial agreement with Halifax i have asked them to prove that i had entered in to this agreement. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:   a. Show how the Defendant has entered into an agreement; and   b. Show how the Defendant has reached the amount claimed for; and   c. Show how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the Consumer Credit Act 1974     11. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Thank you for the reassurance I will pop back on tomorrow and let you know how it went.
    • Just like is said in BN's link regarding total lack of oversight or proper challenge   "To put this in context, £12bn is more than the entire general practice budget. The total NHS capital spending budget for buildings and equipment is just £7bn. To provide all the children in need with free meals during school holidays between now and next summer term, which the government has dismissed as too expensive, is likely to cost about £120m: in other words, just 1% of the test and trace budget."   Says it all doesn't it Serco and co given more than the entire NHS capital spending budget to ... fail, miserably   penalties for that - more of the same money for more of the same failures.
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Hi guys, Just a quick brief up!

 

Car parked in local area, and apparently it was illegally parked, and just picked up and towed away, Do companies have the power to do this without any notification?

 

I have just had the call from me niece about it, I have firstly advised her take photos of where car was parked, also all photos of surrounding area, along with any signs that she can see, and also take photos, form away back from the signs if any.

 

I believe it to be in an private land where they go to the Hub!

 

Only reason why they know it was towed away, they seen another been done, and they got the number.

 

For arguments sake, lets said they did not spot him, then report car stolen, I guess then the company would get details of owner and send out letter!

 

But in mean time report stolen and start making a claim via insurance!

 

Then letter arrives and they try to claim removal fee and storage charge!

 

 

Any help and advice appreciated!

 

Company Believed to be called Mansfield Rescue and Recovery!

 

This Happened in Birmingham

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Be very careful what you say to insurers in reference to the car being stolen they might easily regard it as a fraudulent claim, especially if there are clear notices regarding the parking in that area, giving reasonable belief that parking there could result in removal of the vehicle.

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but if it is a private company on private land then it is an illegal act. In this case I would report it to the police they may say it is a civil matter but it is not.

 

As for n otices stating clamping/removal these are now illegal on private land

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Be very careful what you say to insurers in reference to the car being stolen they might easily regard it as a fraudulent claim, especially if there are clear notices regarding the parking in that area, giving reasonable belief that parking there could result in removal of the vehicle.

 

 

 

No one is going to try and make a claim, It was me assuming that car is stolen, as no one has told us it was taken away

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I have had lots of dealings with Mansfield never known them to be into towing away, they are usually recovery and work for all the big rescue services, ring them it could be a mistake!

 

However they do work for some councils and some police forces!

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Got some further info, This is on the road, a public highway, there are parking bays, and 2 sign posts along the road.

 

The sign post states Residents permit holders only, then 8am-8pm mon to sat and 12am - 8pm Sunday (This was from a quick glance of the sign on a phone)

 

Even if you have illegally parked without a permit, surely they cannot just come up and tow away your car? Or can they?

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I have had lots of dealings with Mansfield never known them to be into towing away, they are usually recovery and work for all the big rescue services, ring them it could be a mistake!

 

However they do work for some councils and some police forces!

 

It was witnessed them taking away another car!

 

3 cars my niece, and another girl there, they seen them loading another on to the back of the removal truck

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It is entirely normal for councils/police to use a private company (as its contractors) to remove vehicles at their direction. Whilst the Protection of Freedoms Act 2012 made clamping/towing on/from private land illegal the powers granted to councils/police (principally by virtue of S.99 Road Traffic Regulation Act 1984) gives them continuing lawful authority. If the council/police were responsible then they will be able to confirm to you why this occurred and where your vehicle is (and, of course, how much it will cost to recover).

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Got some further info, This is on the road, a public highway, there are parking bays, and 2 sign posts along the road.

 

The sign post states Residents permit holders only, then 8am-8pm mon to sat and 12am - 8pm Sunday (This was from a quick glance of the sign on a phone)

 

Even if you have illegally parked without a permit, surely they cannot just come up and tow away your car? Or can they?

 

Wouldn't of thought so unless there are signs warning of the possibility of towing.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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