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    • The "grief tech" firms helping users create talking avatars of their dead relatives.View the full article
    • I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
    • Spot on!  You learn quickly. Who cares if the case gets sent to debt collectors?  They have no powers.  All the effort you will have to put in will be to open envelopes - and then spend time laughing at their daft "threats".  No stress at all!
    • I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you had added. Shall we raise that related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Legal Counsel on behalf of the Vehicle Keeper.  
    • Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
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DLC have issued a CCJ against me for Orange false debt


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Hi Tash

 

Have you made application yet? With regards to the above just store with all your evidence in preperation for a defence.

 

Regards

 

Andy

We could do with some help from you.

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Hi Andy, thanks for your email. I have submitted the form and attached a letter detailing and highlighting parts where they admit fault.

 

Hi Tash

 

Have you made application yet? With regards to the above just store with all your evidence in preperation for a defence.

 

Regards

 

Andy

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Aggravation and stress are difficult to quantify as loss but credit worthiness could be considered if loss has been suffered and can be proven.

We could do with some help from you.

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  • 3 weeks later...
Aggravation and stress are difficult to quantify as loss but credit worthiness could be considered if loss has been suffered and can be proven.

 

I have applied to the courts to have judgement set asidelink3.gif and wondered how long it takes to hear back from the courts?

Or should I call the courts and see what they say?

 

Thanks for any answers.

 

Tash

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Depends on the work load of the court...you will receive a response within 4 weeks.

We could do with some help from you.

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  • 2 weeks later...

Hi all,

 

I have been given a date of 31st May for the court hearing and would just like to ask one question. I have read on this site that I should give Orange an opportunity to set aside with their consent, should I still give them the opportunity even though I have applied to the court?

 

Thank you

 

 

Tash

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  • 2 months later...

Had the CCJ set aside yesterday as Oranges solicitors did not turn up for the hearing. They sent a letter stating they would not be attending and they consented to have the CCJ set aside.

 

I have to file a defence now and although I know what true figure I am claiming, the balance of the total money paid minus the money I agreed I owed, plus postage etc, can I claim for time spent bringing this to an end? Emails, letters, my father travelling down to Colchester to act for me as he has done throughout this case, attend in court?

 

Thank you for any advice.

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I don't know all the rules regarding applying for costs in this situation. The litigant in person rate is £18 per hour and then all your costs on top.

 

Work out all of your costs that you feel are reasonable and then compare this with the amount that is owed to Orange. Perhaps in this situation, it may be worth trying to negotiate for Orange to withdraw their claim, with some form of settlement to save wasting the courts valuable time.

 

If I were in this position, I think I would try to seek a negotiation with Orange to avoid the hassle of going to court and not being sure of the outcome. You could end up with a CCJ and no reimbursement of costs. Now the CCJ has been set aside for the minute, Orange may be willing to resolve this with you and withdraw their claim.

 

I think this thread is now more suited to CAG legal issues folder and will alert the site team.

We could do with some help from you.

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Cost in a case like this can be asked for at the discretion of the judge who will decide what is fair and reasonable, so work out your figures on actual costs and if you are seeking damages because of detrimental effects on your credit profile personally I would ask the judge to decide.

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Thread moved to legal issues.

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Cost in a case like this can be asked for at the discretion of the judge who will decide what is fair and reasonable, so work out your figures on actual costs and if you are seeking damages because of detrimental effects on your credit profile personally I would ask the judge to decide.

 

Hello, orange and aplins do not seem bothered to answer my emails asking what their intentions are. Shall I file a defence against them as I want the ccj removed and not just set aside? Your advice would be welcomed.

 

Thank you

 

Natasha

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Hello, orange and aplins do not seem bothered to answer my emails asking what their intentions are. Shall I file a defence against them as I want the ccj removed and not just set aside? Your advice would be welcomed.

 

Thank you

 

Natasha

 

Yes you will have to do so on the presumption that they are still continuing.

We could do with some help from you.

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Hello, orange and aplins do not seem bothered to answer my emails asking what their intentions are. Shall I file a defence against them as I want the ccj removed and not just set aside? Your advice would be welcomed.

 

Thank you

 

Natasha

 

Yes you must enter defence.

Also for a 'litigant in person' you can claim £18 per hour for time expended.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Yes you must enter defence.

Also for a 'litigant in person' you can claim £18 per hour for time expended.

 

Thank you both for your replies I will send it off Monday by special delivery.

 

Tash

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Tried calling Aplins again this morning before I posted the defence and counterclaim off, yes I know I am too soft, and actually got through only to be told that I need to call an 0844 number which is DLC's number? Hello Aplins and Orange can't be bothered to answer my emails and then you get put back with dlc although its Aplins on the original summons? Oh well the form has been sent now even though I only claimed for £5.95 special delivery and its gone up to £6.22!!

 

Once again thank you for your help to date and more than likely in the future.

 

Tash

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Had an email from a different guy at orange saying the ccj had been taken off and no compensation would be given as the guy before had given compensation? Errr... no the other guy offered the 50% second payment back because of "the time I had tried to get a final figure to pay", that is not compensation that's an admittance of guilt.

 

At the moment I am £51 out of pocket and £31.20 for the defence and counterclaim. I have replied stating I want the ccj removed an we can discuss figures later........any input folks?

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