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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are 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.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. 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 82A of the consumer credit Act 1974.   7. 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.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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WindWatcher

JBW bailiff fees on unpaid parking ticket

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Hi all,

 

Thanks in advance as I always receive excellent advise from yourselves.

 

I have an Issue, a parking ticket that was registered to my car which was registered to my old rented address (I know I should have updated the address, I forgot this time) had been referred to JBW. a bailiff had attended my old address and and left a number and no letter with the current tenants, the landlord passed his number to me. I had at one stage a long time ago been aware of the ticket so cannot claim I didn't know of it.

 

He has said that I owe him the £87 which the ticket amounted to plus a further £300 for his fee! The CAB gave me the attached document to plead with the guy but I don't really know what my next steps should be. £387 seems ridiculous when I didn't know it was being referred to a bailiff until it was too late, I had moved house.

 

I realised I cannot upload this word doc which Portsmouth CAB gave me so it so it's pasted below, apologies if it's untidy...

 

Again, thanks in advance! :)

 

-----------

 

Parking penalties: civil enforcement Add to my references

 

Fees in unpaid parking penalty cases Add to my references

 

25 The fees for bailiffs in unpaid parking penalty cases are as follows:-

 

For preparing and sending a letter advising the client that a warrant is with the bailiff and requesting the sum due - £11.20

For levying distress where the sum due is not more than £100 - £28

For levying distress where the sum due is more than £100 - 28% on the first £200 and 5.5% on any sum over £200

For attending to levy distress where no levy is made - Reasonable costs, but not more than the fees that could be charged if a levy were made

 

More about levying distress

 

26 The fee for sending a letter to the client can be charged only if the letter is sent before a first visit is made.

 

27 Bailiffs are allowed to charge the fees for a maximum of three visits only. Charges in unpaid parking penalty cases Add to my references

 

28 The charges in unpaid parking penalty cases are as follows:-

 

Close possession - £5.60 per day

Walking possession - 55p each day for the first 14 days and 5p a day after that

Valuation of goods, at the client's request - Reasonable fees and costs

Removing goods or attending to remove goods where no goods are removed - Reasonable costs

Sale of goods - 15% of the proceeds of sale if the sale is held on auctioneer's premises plus reasonable costs of advertising, removal and storage. - 7.5% of the proceeds of sale if the sale is on the client's premises, plus reasonable cost of advertising, removal and storage. Where no sale takes place, reasonable fees and costs may be charged

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Removing goods or attending to remove goods where no goods are removed - Reasonable costs

 

 

that is where the fees can be added to answer your question

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Windwatcher.

 

Did JBW confirm that the address on the warrant is that of your PREVIOUS address? If so then NO WAY !!!

 

All local authorities and bailiff companies are fully aware of CPR 75.7 (7) which relates to a new address.

 

In the morning you need to call the Traffic Enforcement Centre on 08457 045 007 and wait to be connected with an operator. You need to provide the PCN number and they will confirm the address on the warrant. You may then file an Out of Time Witness Statement. The application can then be returned to TEC by email All enforcement must then CEASE until the application has been considered ( approx 6-8 weeks).

 

PS: Make sure that you have the PCN number first....

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Thanks guys, so you know; the address attended by the bailiff would have been the only one the council had and the council probably assumed I was ignoring the letters. The bailiff I suppose wouldn't have known it was the wrong address until he got there?

 

Would the Out of Time Witness Statement still apply? I'm not actually sure what that is, also as mentioned above I acknowledged the PCN early on so they know I knew of it. I paid another and got confused, then moved shortly after and they had no way of reminding me, does it still apply?

 

Thanks again guys, I REALLY APPRECIATE THE SUPPORT :)

 

andy

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Listen to tom tubby and what she says.


I hate bailiffs. Let me know if you have had a problem with them. I am sure i could upset them.

I now have experience with Securitas Security Services (UK) Limited and won in court against them 01/2018

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Thanks, I just thought the Out of Time Witness Statement didn't apply if I knew, and they knew I knew, of the ticket.

 

I will apply :)

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Hi all,

 

I am completing the form now but none of the 4 options apply as per my previous posts, the options are (in short) the PCN has been paid, I hadn't received the PCN, I had appealed or I made representations. Do I just tick it was not received even though I knew of the PCN? as mentioned above, they knew I knew about it.

 

I just want to be sure.

 

Thanks :)

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[ATTACH=CONFIG]40428[/ATTACH]

 

I have now received a letter breaking down the fees, also, attached is the original letter. Can anyone advise on if these should be paid? it seems extortionate :(

 

Failing that, should I still be applying for the Out of Time Witness Statement??

 

Thanks again

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can anyone view the attachment? I cant?

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Cannot view it...

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I can. Just click on the first JBW.pdf to the left of "Views:" Hovering the mouse pointer over it reveals the attachment link that will be activated by clicking - that was how I found it.

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JBW are talking rubbish. Ther atr or attendance to remove and attendance to levy fee's do not count as no levies were made. I am sure c marsh is Andrew c marsh. He has worked for ccs and also jbw . Look out for him. He is big but his strength is pea sized. waller knows this. Actually to put it another way. Waller is not in control at jbw as the companies jbw have taken over in the past few years are having a power tussle and so on. If you get the drift.


I hate bailiffs. Let me know if you have had a problem with them. I am sure i could upset them.

I now have experience with Securitas Security Services (UK) Limited and won in court against them 01/2018

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I had a £30 no waiting ticket on my car did not pay and Marstons came round and added £320 and they can do that legally? I always though English law was based on being reasonable according to our laws £300 for a man to take my credit card details and then charge me a credit card fee is reasonable the mind boggles!


Lloyds TSB (SARS) request sent 9th June 2006

£2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267

MBNA SETTLED IN FULL 15/09/2006 £829

Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006

GE MONEY SETTLLED IN FULL £400

Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350

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Lloyds TSB PPI CC complaint sent 10/04/2008

Black Horse PPI with FOS 20/05/2008

HFC PPI complaint sent 22/05/2008

 

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